Alexis Arieff, Coordinator
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. Twenty-two cases are currently before the ICC, all of them pertaining to crimes allegedly committed in five African states: Kenya, Sudan (Darfur), Uganda (the Lord’s Resistance Army, LRA), the Democratic Republic of Congo, and the Central African Republic. The ICC Prosecutor has yet to secure any convictions. In addition, the Prosecutor has opened an investigation in Libya as well as preliminary examinations in Guinea, Nigeria, Côte d’Ivoire, and several countries outside of Africa, such as Afghanistan, Colombia, Georgia, Honduras, and the Republic of Korea. Although ICC prosecutions have been praised by human rights advocates, the perception that the Court has focused on Africa and the ICC Prosecutor’s 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 but inspired a backlash among African states, who were previously supportive of the Court. Like Libya, Sudan is not a party to the ICC, and jurisdiction was granted through a United Nations Security Council resolution. Controversy within Africa has also erupted over ICC attempts to prosecute senior Kenyan officials in connection with that country’s post-election violence of 2007-2008. Although Kenya is a state party to the Court and initially supported ICC engagement, some fear the prosecutions could be destabilizing. Obama Administration officials have expressed support for ICC prosecutions in both Sudan and Kenya, while stressing local authorities’ primary responsibility in ensuring justice and accountability for abuses.
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 introduced during the 111th Congress referenced the ICC in connection with several African conflicts and, more broadly, U.S. policy toward, and cooperation with, the Court.
This report provides background on current ICC cases and examines issues raised by the ICC’s actions in Africa. 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: March 7, 2011
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. Twenty-two cases are currently before the ICC, all of them pertaining to crimes allegedly committed in five African states: Kenya, Sudan (Darfur), Uganda (the Lord’s Resistance Army, LRA), the Democratic Republic of Congo, and the Central African Republic. The ICC Prosecutor has yet to secure any convictions. In addition, the Prosecutor has opened an investigation in Libya as well as preliminary examinations in Guinea, Nigeria, Côte d’Ivoire, and several countries outside of Africa, such as Afghanistan, Colombia, Georgia, Honduras, and the Republic of Korea. Although ICC prosecutions have been praised by human rights advocates, the perception that the Court has focused on Africa and the ICC Prosecutor’s 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 but inspired a backlash among African states, who were previously supportive of the Court. Like Libya, Sudan is not a party to the ICC, and jurisdiction was granted through a United Nations Security Council resolution. Controversy within Africa has also erupted over ICC attempts to prosecute senior Kenyan officials in connection with that country’s post-election violence of 2007-2008. Although Kenya is a state party to the Court and initially supported ICC engagement, some fear the prosecutions could be destabilizing. Obama Administration officials have expressed support for ICC prosecutions in both Sudan and Kenya, while stressing local authorities’ primary responsibility in ensuring justice and accountability for abuses.
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 introduced during the 111th Congress referenced the ICC in connection with several African conflicts and, more broadly, U.S. policy toward, and cooperation with, the Court.
This report provides background on current ICC cases and examines issues raised by the ICC’s actions in Africa. 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: March 7, 2011
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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