Spotlight: Brokering action for international criminal justice in Africa
The ISS a visible and vocal partner that works in Africa’s best interests at key global platforms.
Published on 19 January 2017 in
Impact
The international criminal justice arena is a complicated, crowded space, where Africa’s concerns compete with the geo-political interests of other states and regions – and discussions around practical realities are often skirted to avoid disrupting complex global efforts to tackle violence and injustice.
The need for Africa’s voice to be heard, understood and carried through at the global level is a prime aspect of the Institute for Security Studies’ (ISS’) international justice work.
This means being a visible and vocal partner that works in Africa’s best interests at key global platforms, such as the 15th Assembly of States Parties (ASP) to the Rome Statute of the International Criminal Court (ICC) that took place in The Hague in November 2016.
The ASP took place shortly after Burundi, South Africa and The Gambia announced their intention to withdraw from the Rome Statute, dealing a triple blow to the ICC and the international criminal justice project. For the ISS, an urgent message to ICC members was that Africa’s concerns with the ICC are ignored at everyone’s peril.
The ISS strives to connect sensitive political debates with the need for practical action
Africa’s grievances with the Rome Statute and how the ICC operates often become mired in sensitivities and politics, where issues like immunity for sitting heads of state are the ‘elephant in the courtroom’. The ISS strives to connect these kinds of debates with the need for practical action. ISS engagement at the ASP highlighted ways for African states to address their concerns from within the Rome Statute system rather than by withdrawing.
Shamila Batohi, Senior Legal Advisor to the Prosecutor at the ICC, agrees that this message is timely and well-targeted. ‘It is really important that countries see it in that light. The Rome Statute system is a complicated one that the states themselves developed. States that are unhappy with the way the system is panning out need to try to build and strengthen the system, rather than withdraw from it. It’s really important that this be highlighted. And there is a lot that can be improved.’
The ISS’ comprehensive engagement at the ASP included side events that explored Africa’s relationship with the ICC, the Office of the Prosecutor’s new policy on children and the urgent need for human rights defenders to be protected. ISS researchers also provided formal briefings to governments and held closed-door discussions with key stakeholders. Together with the International Center for Transitional Justice, the ISS made a civil society intervention in a special open bureau session convened by the ASP President that discussed Africa’s relationship with the ICC and called for constructive engagement.
'Africa needs organisations like the ISS' – Shamila Batohi, Snr Legal Advisor to the ICC Prosecutor
The ISS tackles the continent’s international justice challenges on various levels, and its ASP engagement complements ISS training programmes that build capacity among African investigators, prosecutors and judges.
Commending the ISS’ contribution, Dr Athaliah L Molokomme, Botswana’s Attorney General said that, ‘Organisations tend to be one or the other – when you do the research, you are accused of being too academic and theoretical, when you do the practical work only, people say you don’t have enough depth. The ISS combines these two things: the organisation works with research, but is still very practice orientated.’
In an ideal world, effective and sufficient national capacity would eliminate the need for a court like the ICC. This ideal is still a long way from being realised and much work remains both in Africa and globally. ‘The ISS plays an important role on the continent, particularly in terms of promoting respect for human rights. The continent needs organisations like the ISS,’ says Batohi.
Picture: ©Jacqueline Cochrane/ISS
