Columbia International Affairs Online: Working Papers

CIAO DATE: 11/2010

The International Criminal Court in Africa: challenges and opportunities

Makau Mutua

September 2010

Norwegian Peacebuilding Resource Centre

Abstract

This policy paper is a practically-oriented comparative analysis of the work of the International Criminal Court in Kenya, Uganda, Sudan, and the Central African Republic, and the policy implications for its work for Norway, States Parties, civil society, and key states. The paper argues that all actors, including Norway, should more seriously engage these African states – and key stakeholders within them – to facilitate the work of the ICC to stem impunity. Without such support, the paper concludes, the ICC’s objectives in Africa will not be realised. Each of the four countries under review here has its own unique internal political questions that drive its posture towards the ICC. Deference should be paid to these internal differences. But that should not trump the interests of justice and peace, and the larger international consensus on how to address the question of impunity. Elites in states with a large democratic deficit should be pressed and supported to respond to barbaric atrocities. That is why the ICC was established – to depoliticise the struggle against impunity where governments cannot (or lack the political will to) hold accountable those responsible for egregious atrocities.