It is not new to read of African governments ignoring or rejecting the International Criminal Court (ICC)’s claims to jurisdictional authority. But two stories this week reinforce the idea that many key players on the continent are willing to cross the Court.
First is Sudanese President Omar al Bashir’s attendance at an African Union summit in Abuja, Nigeria. The ICC issued a warrant for Bashir’s arrest in March 2009, in connection with war crimes in Darfur. His travel itinerary since then charts a map of ICC rejection across Africa and beyond. While Nigeria is the first West African nation to host Bashir, it joins a trend that includes several other countries and the African Union itself. From the BBC:
Mr Bashir has visited numerous African countries since the arrest warrant was issued – including Ethiopia, Kenya and Djibouti.
Only Botswana and Malawi have threatened to arrest him.
In May, the AU called on the ICC to drop war crimes charges against Kenya’s President Uhuru Kenyatta after accusing it of “hunting” Africans because of their race.
Mention of Kenya brings us to the second news item from this week: Yesterday, the ICC rejected another request from Kenyan Vice President William Ruto, who like Kenyatta faces charges at the Court, to hold his trial in Africa.
The election, in March of this year, of Kenyatta and Ruto seemed a rebuke to the Court. Both men have been under indictment since March 2011 in connection with election/post-election violence in 2007-2008. David Bosco, writing shortly before Kenya’s most recent election, spelled out some potential consequences that a Kenyatta victory might have for the Court. One of these is particularly noteworthy in light of the Court’s decision on Ruto’s request for a trial location change:
That a freshly elected African head of state will bear the burden of ICC indictment would likely worsen already poor relations between the court and African officialdom. Many African leaders have argued that the ICC, which to this point has indicted only Africans, systematically ignores crimes committed in other parts of the world. At various points, African leaders have discussed withdrawing en masse from the treaty that created the court or, more likely, empowering a regional court to investigate atrocities, thereby displacing the ICC.
The ICC’s decision to keep Ruto’s trial in The Hague may strengthen such sentiments among some African leaders.
From both Nigeria and Kenya, then, I see fresh examples of the difficulty the Court is having in achieving legitimacy and recognition in Africa.