A relationship of inconvenience between the International criminal court and the African Union : an assessment

Abstract

The African continent has cbeen at the heart of international security concerns from the time of independence. The continent is prone to conflict due to its hydra headed political instability and lack of development experienced in the individual states the in post-Cold War era of globalisation and liberal capitalism, instability threatens the entire world order and international security. In a bid to assist international law and justice, the International Criminal Court (ICC) was formed to prosecute perpetrators of the most heinous crimes against humanity, genocide, war crimes and the crime of aggression. The African Union (AU) and its member states were very supportive of the establishment of the court and contributed vastly to its formation and implementation. African states were hopeful of the positive impact the court would have on the continent, such as peace, security and stability. However, at formation the courts mandate was for prosecution of perpetrators of international crimes and the promotion of international law and justice for the victims of crimes against humanity. The AU as a continental political body has recently come in conflict with the ICC following the court's indictment of two of its member states' leaders. This has resulted in the volatility of the relationship between the ICC and the AU in recent years. The relationship has become questionable and a topic to be researched. This thesis therefore aims to make an assessment of the relationship between the ICC and the AU following the indictment of President al-Bashir of Sudan and President Uhuru Kenyatta of Kenya.