International Criminal Court Cases in Africa: Status and Policy Issues

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 Africa. Cases concerning 25 individuals are open before the Court, pertaining to crimes allegedly committed in six African states: Libya, Kenya, Sudan (Darfur), Uganda (the Lord’s Resistance Army, LRA), the Democratic Republic of Congo, and the Central African Republic. A 26th case, against a Darfur rebel commander, was dismissed. The ICC Prosecutor has yet to secure any convictions. In addition, the Prosecutor has initiated preliminary examinations—a potential precursor to a full investigation—in Côte d’Ivoire, Guinea, and Nigeria, along with several countries outside of Africa, such as Afghanistan, Colombia, Georgia, Honduras, and the Republic of Korea.

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 July 2011, 116 countries— including 32 African countries, the largest regional block—were parties to the Statute. Tunisia was the latest country to have become a party, in June 2011. The United States is not a party.

ICC prosecutions have been praised by human rights advocates. At the same time, the ICC Prosecutor’s choice of cases and the perception that the Court has disproportionately focused on Africa have been controversial. The Prosecutor’s attempts to prosecute two sitting African heads of state, Sudan’s Omar Hassan al Bashir and Libya’s Muammar al Qadhafi, have been particularly contested, and the African Union has decided not to enforce ICC arrest warrants for either leader. Neither Sudan nor Libya is a party to the ICC; in both cases, jurisdiction was granted through a United Nations Security Council resolution. (The United States abstained from the former Security Council vote, in 2005, and voted in favor of the latter, in February 2011.) Controversy within Africa has also surfaced over ICC attempts to prosecute Kenyan officials in connection with post-election violence in 2007-2008. Although Kenya is a party to the Court, the government has recently objected to ICC involvement, which some contend could be destabilizing.

Congressional interest in the work of the ICC in Africa has arisen in connection with concerns 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. Obama Administration officials have expressed support for several ICC prosecutions. At the ICC’s 2010 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. The U.S. government is prohibited by law from providing material assistance to the ICC under the American Servicemembers’ Protection Act of 2002, or ASPA (P.L. 107-206, Title II). 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. S.Res. 85 (Menendez) welcomes the U.N. Security Council referral of Libya to the ICC.

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, and CRS Report R41682, International Criminal Court and the Rome Statute: 2010 Review Conference, by Matthew C. Weed.


Date of Report: July 22, 2011
Number of Pages: 35
Order Number: RL34665
Price: $29.95

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