Building African Capacity to Respond to African International Criminal Justice Problems
blurb:isstoday:151008iccafrica
15 Oct 2008: Building African Capacity to Respond to African International Criminal Justice Problems
Africa has been at the forefront of international justice developments. It has witnessed the creation of a regional criminal tribunal, the International Criminal Tribunal for Rwanda, and the establishment of a groundbreaking hybrid initiative in the form of the Special Court for Sierra Leone. Domestically some African states, notably Ethiopia, have focused attention on prosecuting individuals guilty of international crimes. Meanwhile, three African states — Uganda, the Democratic Republic of the Congo and the Central African Republic — have referred situations within their territories to the International Criminal Court (ICC). In addition, the UN Security Council has referred the situation in Sudan to the ICC for investigation. Continent-wide support for the ICC is demonstrated by the fact that 30 of the 106 states that have ratified the Rome Statute are African. Assuming that those 30 states have taken their obligations under the Statute seriously, means that the complementarity scheme built into the ICC regime could play itself out within African states by their domestic prosecution of international crimes.
In light of this, proponents and scholars of international justice should be pleased with the progress made towards ending impunity for the most serious crimes in Africa. Surely Africans now support the well-known maxim that there can be no peace without justice.
Not so fast.
Recent events in Africa have tested the commitment and support of African countries for international criminal justice. The decision by the ICC Prosecutor to indict the president of Sudan has raised concerns about the politics shrouding the work of the ICC, and placed in doubt the imperative of pursuing justice as a prerequisite for lasting peace. The controversy in Africa surrounding this decision has been well documented, and reflects a growing scepticism about the role of justice in delicate peace processes. This sentiment has spread among political leadership, practitioners and civil society, despite Africa’s leading role in the development of international criminal justice mechanisms. As a result, international criminal justice in Africa is facing a legitimacy crisis.
Early signs of support from a continent characterised by impunity have not been matched with practical action. Only two African countries (South Africa and Senegal) have passed domestic ICC legislation. Of greater concern is the growing political scepticism on the continent about the ICC and international criminal justice in general. This, together with the general lack of awareness about the aims, nature and functioning of the Court, capacity shortages in domestic justice systems, and political misgivings (particularly when peace processes may be at stake), mean that the obstacles to complying with international criminal justice obligations remain profound.
Remedying this negative sentiment is not an easy task. The first step is counteracting the misperceptions that exist and building awareness about the importance of international criminal justice in general, and its role in promoting durable peace in Africa more specifically. In this regard, it is important for African organisations that work towards enhancing durable peace, justice and accountability to coordinate their efforts to promote constructive debate on the importance of strategically wielded justice initiatives in Africa’s broader efforts to end conflicts.
But beyond merely raising awareness, the task of building sustainable capacity among key officials and civil society role-players presents a greater challenge. Many countries on the continent lack the specialised law enforcement and criminal justice capacity to effectively respond to completed or planned acts of international crime, including genocide, war crimes, and crimes against humanity. The same applies to other forms of international crimes like terrorism, organised crime and money laundering. Here again, it is important for Africans to take the lead in determining their own capacity development needs and priorities, and support regional, sub-regional and national organisations in coming up with home-grown training and technical assistance programmes, drawing where required on the support of international partners.
This capacity gap represents an opportunity for relevant African NGOs and lawyers associations (especially those engaged in specialised policy support and technical assistance initiatives) to join efforts in supporting governments to build this required capacity, from an African perspective. Enhancing domestic capacity to respond effectively to the crimes mentioned above carries a number of benefits: it strengthens the social contract between the government and its citizens by bringing domestic justice to perpetrators and giving a voice to victims; it sends out a strong political message that Africa is taking the lead in dealing with its own problems, including ending impunity; and it contributes towards the achievement of sustainable peace which is, after all, one of the proclaimed goals of the African Union.
If this level of awareness and capacity is reached, such that African states begin to do at home what the ICC does in The Hague, then that fact alone would mean that the ICC project has been an African success.
Anton du Plessis, Head, International Crime in Africa Programme, ISS Tshwane (Pretoria)
