International Criminal Court Cases in Africa: Status and Policy Issues

Alexis Arieff
Analyst in African Affairs

Rhoda Margesson
Specialist in International Humanitarian Policy

Marjorie Ann Browne
Specialist in International Relations

Matthew C. Weed
Analyst in Foreign Policy Legislation

The Statute of the International Criminal Court (ICC), also known as the Rome Statute, entered into force on July 1, 2002, and established a permanent, independent Court to investigate and bring to justice individuals who commit war crimes, crimes against humanity, and genocide. As of March 2010, 111 countries were parties to the Statute. The United States is not a party. The ICC has, to-date, initiated investigations exclusively in Sub-Saharan Africa. The Prosecutor has opened cases against 16 individuals for alleged crimes in northern Uganda, the Democratic Republic of Congo, the Central African Republic, and the Darfur region of Sudan. In addition, the Prosecutor has opened an investigation in Kenya and a preliminary examination in Guinea.

One of the individuals sought by the ICC is Sudanese President Omar Hassan al-Bashir. The Court issued an arrest warrant for Bashir in March 2009. The prosecution, the first attempt by the ICC to pursue a sitting head of state, has drawn praise from human rights advocates, while raising concerns that ICC actions could endanger peace processes and access by humanitarian organizations. Unlike the other African countries under ICC investigation, Sudan is not a party to the ICC; instead, the ICC was granted jurisdiction over Darfur through a United Nations Security Council resolution in March 2005. Obama Administration officials have expressed support for the prosecution of perpetrators of atrocities in Darfur and have suggested that Bashir should face the accusations against him.

Four suspects are currently in ICC custody. Three are alleged leaders of militias in the Democratic Republic of Congo (DRC), and the fourth is a former Congolese rebel leader, vice president, and senator who is accused of war crimes in neighboring Central African Republic. In addition, two alleged Darfur rebel leaders have voluntarily answered summonses to appear before the Court. A third alleged Darfur rebel leader voluntarily appeared in May 2009; the case against him was dismissed. All other suspects are at large, and the Court has yet to secure a conviction.

Congressional interest in the work of the ICC in Africa has arisen in connection with concern over gross human rights violations on the African continent and beyond, as well as concerns over ICC jurisdiction and executive branch policy toward the Court. At the ICC's recent review conference in Kampala, Uganda, Obama Administration officials reiterated the United States' intention to provide diplomatic and informational support to individual ICC prosecutions on a case-by-case basis. Legislation before the 111th Congress references the ICC warrant against Bashir and, more broadly, U.S. government support for ICC prosecutions.

This report provides background on the ICC and its investigations in Africa, with an overview of cases currently before the Court. The report also examines issues raised by the ICC's actions in Africa, including the potential deterrence of future abuses and the potential impact on African peace processes. Further background can be found in CRS Report RL31437, International Criminal Court: Overview and Selected Legal Issues, by Jennifer K. Elsea, and CRS Report R41116, The International Criminal Court (ICC): Jurisdiction, Extradition, and U.S. Policy, by Emily C. Barbour and Matthew C. Weed.


Date of Report: July 7, 2010
Number of Pages: 30
Order Number: RL34665
Price: $29.95

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