Was the ICC Created for Africans? An Examination of Key Prosecutions before the Court Since its Creation
The contributions of African states toward the creation of the International Criminal Court (ICC) cannot be overemphasized and underestimated. Accordingly, African states gave their unflinching support with no reservations before and after the creation of the ICC. Unfortunately, since the ICC came into force on 1 July 2002, almost all the accused before the Court has been African states officials. Despite the prosecutions of mostly African state officials before the ICC, it will be a trite and an affront to criminal justice to conclude that the ICC is targeting only African state officials giving that one of the main aim of the Court is to end impunity for serious international crimes affecting the world. This article examines the major prosecutions before the ICC. In this regard, it examines the prosecution of African officials as seen in the cases before the Court on the one hand, the legality and legitimacy of their prosecution on the other hand. Similarly, the article examines the prosecutions of crimes beyond African. Accordingly, it argues that credit should be given to the African continent for the success of the Court as most of the major prosecutions before the Court are from the African continent despite similar crimes being committed around the world. Finally, the article concludes that even though the Court has been unfortunately prosecuting mostly African officials since its creation, the vision of the Court is beyond Africa as seen in the on-going investigations in Palestine, Afghanistan and Georgia.
