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 International Criminal Court (ICC) has, to date, opened cases exclusively in Sub-Saharan Africa. Seventeen cases are currently before the ICC, all of them pertaining to crimes allegedly committed in four African states: Sudan (Darfur), Uganda (the Lord’s Resistance Army), the Democratic Republic of Congo, and the Central African Republic. The Court has yet to convict any suspects. In addition, the ICC Prosecutor has opened an investigation into post-election violence in Kenya and a preliminary examination into a military crackdown on opposition supporters in Guinea, among other potential preliminary examinations. Although ICC prosecutions have been praised by human rights advocates, the apparent focus on Africa and the choice of cases have been controversial among leaders and commentators on the continent.
The Statute of the 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 October 2010, 114 countries— including 31 African countries, the largest regional block—were parties to the Statute. The United States is not a party.
One of the individuals sought by the ICC is Sudan’s President Omar Hassan al-Bashir, who is accused of war crimes, crimes against humanity, and genocide in Darfur. The prosecution is the first attempt by the ICC to pursue a sitting head of state. The case has drawn praise from 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, jurisdiction was granted 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.
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, along with broader concerns over ICC jurisdiction and U.S. 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 ICC prosecutions on a case-by-case basis. Legislation before the 111th Congress references the ICC in connection with several African conflicts and, more broadly, U.S. policy toward, and cooperation with, the ICC.
This report provides background on current ICC cases and 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 analysis can be found in 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: November 30, 2010
Number of Pages: 34
Order Number: RL34665
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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 International Criminal Court (ICC) has, to date, opened cases exclusively in Sub-Saharan Africa. Seventeen cases are currently before the ICC, all of them pertaining to crimes allegedly committed in four African states: Sudan (Darfur), Uganda (the Lord’s Resistance Army), the Democratic Republic of Congo, and the Central African Republic. The Court has yet to convict any suspects. In addition, the ICC Prosecutor has opened an investigation into post-election violence in Kenya and a preliminary examination into a military crackdown on opposition supporters in Guinea, among other potential preliminary examinations. Although ICC prosecutions have been praised by human rights advocates, the apparent focus on Africa and the choice of cases have been controversial among leaders and commentators on the continent.
The Statute of the 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 October 2010, 114 countries— including 31 African countries, the largest regional block—were parties to the Statute. The United States is not a party.
One of the individuals sought by the ICC is Sudan’s President Omar Hassan al-Bashir, who is accused of war crimes, crimes against humanity, and genocide in Darfur. The prosecution is the first attempt by the ICC to pursue a sitting head of state. The case has drawn praise from 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, jurisdiction was granted 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.
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, along with broader concerns over ICC jurisdiction and U.S. 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 ICC prosecutions on a case-by-case basis. Legislation before the 111th Congress references the ICC in connection with several African conflicts and, more broadly, U.S. policy toward, and cooperation with, the ICC.
This report provides background on current ICC cases and 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 analysis can be found in 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: November 30, 2010
Number of Pages: 34
Order Number: RL34665
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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