The International Criminal Court and its work in Africa: Confronting the myths

This is a time for African voices, regional organisations and civil society to speak out against inaccuracies and distortions regarding the ICC’s wo

A number of critics have proclaimed the world’s first permanent International Criminal Court (ICC) to be a Western imperialistic initiative that is unhealthily preoccupied with the African continent. This paper confronts certain myths that have recently been propagated by several individuals, including government officials, political leaders and civil society members (including the media), about the ICC. The author argues that this is a time for African voices, regional organisations and civil society to speak out against inaccuracies and distortions regarding the ICC’s work in Africa. While that discussion must include criticism of the Court’s work where criticism is due, it is imperative that the discussion should proceed from an understanding that the Court’s position in Africa is one that needs strengthening and nurturing.

The paper is intended as an introductory discussion that might further stimulate debate about Africa’s response to the Court.

About the author

Max du Plessis graduated with an LL M from Cambridge University and is a senior research associate (with the International Crime in Africa Programme) at the Institute for Security Studies, associate professor in the Faculty of Law at the University of KwaZulu-Natal in Durban, and a practising advocate of the High Court of South Africa. He has written widely in the fields of international criminal law and human rights.

The author would like to thank John Dugard and Salim Nakjhavani for their comments on an earlier draft of this paper.