The International Criminal Court (ICC), established in 2002 to prosecute the world’s gravest crimes—genocide, war crimes, and crimes against humanity—is increasingly under fire for alleged bias, particularly from African nations.
Critics argue that instead of serving global justice, the Court has become an instrument of Western influence, targeting Africa disproportionately.
In its early years, all ICC investigations focused solely on African countries, including the Democratic Republic of Congo, Uganda, Sudan, Kenya, Mali, Côte d’Ivoire, Libya, and the Central African Republic. Many of these prosecutions were seen as selective and politically motivated.
At a 2013 African Union ministerial meeting, Ethiopia accused the ICC of functioning as “a political instrument” against Africa. Rwandan President Paul Kagame echoed this sentiment in 2018, stating, “The ICC was supposed to address the whole world, but it ended up covering only Africa.”
Silence on Western Powers
While African leaders faced prosecution, alleged war crimes by powerful Western nations—especially the United States and the United Kingdom—in conflicts like Iraq, Afghanistan, and Libya were largely ignored. A rare move by former ICC prosecutor Fatou Bensouda in 2020 to open a preliminary probe into U.S. conduct in Afghanistan led to swift retaliation, with Washington imposing sanctions on her. The episode sent a stark message: the reach of international justice has limits when it comes to global superpowers.
South African MP Floyd Shivambu criticized the ICC’s approach: “It looks like the ICC has only existed for Africans. It’s a selective and neo-colonial institution.”
Rising Tensions and Calls for Withdrawal
Growing discontent has led to strained relations between the ICC and African states. Burundi became the first country to officially withdraw from the Rome Statute in 2017. South Africa and Gambia have also threatened withdrawal. Meanwhile, the African Union has proposed the creation of a regional judicial body tailored to African contexts and challenges.
This rift underscores a striking contradiction: Africa has been the ICC’s most cooperative partner, yet also its primary target. Many African observers see the imbalance as a modern form of judicial neo-colonialism.
A Crisis of Legitimacy
Today, the ICC faces a serious legitimacy crisis. Accusations of double standards and geopolitical bias have undermined confidence in its ability to deliver fair and impartial justice. For many in Africa, the problem is not mere perception—it reflects deep flaws in the global justice system. Unless the Court addresses these concerns, it risks losing its credibility and relevance on the continent it has long relied on for cooperation.
