An Assessment of the Basic Procedures for Initiating Proceedings before the International Criminal Court (ICC): Issues for Africa

Abstract

The International Criminal Court (“the ICC”) is a permanent international court established to investigate, prosecute and try the most serious crimes of concern to the international community, a mandate and power it derives through the Rome Statute. 63 It is a court empowered to prosecute heinous crimes committed on State Parties’ territories or on Non-State Parties’ territories who accept the court's jurisdiction. The process of initiating actions before the court is complex, often requiring state party cooperation and funding. This work appraised the process of referrals from State Parties, the Security Council, and the Chief Prosecutor's Office. The researchers found that despite the court's flamboyant mandate and attractive potential for maintaining global peace and security, its massive reliance on state parties in investigating and prosecuting suspects has overbearing negative consequences on its success, especially in Africa. African countries are reluctant to cooperate with the court, and the court appears to focus its prosecution on the continent. There are cases of selective investigations and prosecution, and the court is inundated with the potentials to be used as a political tool, which creates issues for the progress and general well being of Africa. The article recommended, among other things, more cooperation of Africans and the need to provide severe consequences for non-cooperating states. The article also recommended the need for NGOs in Africa to advocate for investigations and prosecution by ICC of persons who commit crimes within the court's jurisdiction.