Prosecuting International Crimes in Africa - PULP - University of ...

148 Chapter 6
2. 1 Africa-ICC relationship
From the onset of discussions about a permanent international criminal
court, Africa had a very positive attitude towards the ICC. Indeed, an
African country, Senegal, was the first in the world to ratify the Rome
Statute on 2 February 1999. 7 This is an illustration of Africa’s early support
for the idea of a permanent international criminal court with jurisdiction
over the ‘most serious crimes of concern to the international community as
a whole’. This support also finds expression in the remarks of the then
Organization of African Unity’s (OAU) representative during the final five
weeks of the Rome negotiations. According to OAU’s representative, the
continent of Africa had a special interest in the establishment of the ICC
because its people had for centuries endured human rights atrocities such
as slavery, colonial wars and other horrific acts of war and violence which
continue today despite the continent’s post-colonial phase. 8 In view of the
lack of strong institutional structures, a court of this nature was expected
to supplement the course of justice in regional and domestic jurisdictions.
Further, vivid memories of the Rwandan genocide of 1994, in which the
international community was forewarned but failed to act, strengthened
Africa’s resolve to support the idea of an independent and effective
international penal court that would punish, and hopefully deter,
perpetrators of such heinous crimes in the future. 9
Naturally, Africa went on to play a significant and constructive role in
the Rome negotiations, ultimately leading to the creation of the Court. 10
The continent’s strong backing for the Court has not been limited to state
governments. With many African non- governmental organisations
(NGOs) and civil society working under regimes that are not accountable
or are outright dictatorships that pay little or no heed to basic human rights
principles, these two entities made a significant contribution to the
promulgation process. Their contribution was made principally through
domestic advocacy and an international organization born of such
advocacy, the NGO Coalition for the Establishment of an International
Criminal Court (the Coalition), 11 that comprised activists from Africa and
7 UN Doc A/CONF 183.9.
8
T Maluwa, Legal Adviser OAU Secretariat Statement at the 6 th Plenary, 17 June 1998;
Official records of the United Nations Diplomatic Conference of Plenipotentiaries on
the Establishment of an International Criminal Court, UN Doc A/CONF 183/13 (Vol
II) 104, 115-118 para 116.
9 Maluwa (as above).
10 H Jallow and F Bensouda ‘International criminal law in an African Context’ in M Du
Plessis (ed) African guide to international criminal justice (2008) 41; P Mochochoko ‘Africa
and the International Criminal Court’ in E Ankumah and E Kwakwa (eds) African
perspectives on international criminal justice (2005) 15 and S Maqungo ‘The establishment
of the International Criminal Court: SADC’s participation in the negotiations’ (2000) 9
African Security Review 42.
11 R Pace and M Thieroff ‘Participation of non-governmental organizations’ in S Lee (ed)
The International Criminal Court: The marking of the Rome Statute – issues, negotiations,
results (1999) 395.