As Africa’s relationship with the International Criminal Court (ICC) comes under renewed scrutiny, legal experts are urging African nations to push for reform rather than abandon the court altogether.
The debate has intensified following the recent decision by the Sahel Alliance countries—Mali, Burkina Faso, and Niger—to withdraw from the ICC. Their coordinated exit has reignited concerns about the court’s legitimacy, historical biases, and the continent’s sovereignty in administering justice.
Donald Deya, CEO of the Pan African Lawyers Union and a prominent voice on international law in Africa, acknowledged long-standing concerns over the ICC’s early operations but warned that withdrawal could create a dangerous vacuum of accountability.
“It is fair to criticise the ICC in its first years,” Deya said in a recent interview. “It concentrated on Africa and led to the perception—or even the reality—that it was going after weaker states and avoiding powerful perpetrators. But the way to address that, in my view, is not to walk away, but to reform the practice of the ICC.”
The ICC, established in 2002 to prosecute individuals for genocide, war crimes, and crimes against humanity, has long faced criticism for disproportionately targeting African leaders. Of the court’s first dozen cases, all involved African nations, leading some to accuse it of acting as an instrument of Western powers.
Deya stressed the importance of restoring the ICC’s credibility through concrete reforms. These include ensuring balanced investigations, improved communication with victims, and a demonstrated willingness to pursue justice globally—regardless of political power.
“The ICC does face a big credibility problem,” he said. “People are skeptical that it seems to be a tool of powerful states. But people should also look at the accountability gap that would happen if the ICC was not there.”
He argued that, despite its flaws, the ICC remains a crucial last-resort mechanism for delivering justice when national courts are unwilling or unable to do so.
“It is the obligation of many actors, including the ICC, to strengthen national systems,” Deya said. “But where they fail, the ICC should be able to kick in robustly.”
His remarks come amid a broader continental reckoning over Africa’s role in the global justice system. Some leaders argue that international justice should be driven by African institutions, free from external influence. Others warn that abandoning the ICC risks weakening protections for victims of state-sponsored crimes.
Deya’s call reflects a growing consensus among legal scholars and civil society leaders who believe Africa must remain engaged with the ICC—not as passive subjects, but as active agents of reform.
“Walking away solves nothing,” he said. “We need to fix what’s broken and make sure international justice truly serves all nations—strong or weak, rich or poor.”
As the debate continues, the future of Africa’s relationship with the ICC hangs in the balance—between the promise of reform and the peril of retreat.
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