Presentation to Ministers of Justice of African States parties to the ICC, Dakar Senegal.

1. Africa & The International
Criminal Court
A new Era is Possible
By Desire Assogbavi
July 2017
Disclaimer: views are Personal

2. In this presentation…

3. ICC & Africa Relation
Misunderstanding?
Instrumentalisation?
Strategic Mistake?
Lack of Communication?
Bad Faith…?

4. It was our Court …
❖The Role of African countries in the setting up of the ICC
❖African People need the ICC the most
❖The 1st Strategic Plan of the newly created AU under
President Alpha Oumar Konare suggested an universal
ratification of the ICC treaty
❖A Cooperation Agreement bet. AU & ICC was drafted
❖Africa still the geographical region the most represented in
the ASP
❖Today 34 African countries are member of the ICC while only
30 joined the African Court of HR 20 years after ACHPR was
established
❖Malabo protocol: only one ratification (Guinee) after 2 years.

5. But then… What has
Happened ?
➢ Misunderstanding, Bad Faith or Instrumentalisation of
the ICC? --- Uganda?
➢ Strategic mistake? --- Sudan? --- the power of the
UNSC?
➢ Real intention of Justice… or justice the other? --- CAR
+ Cote d’Ivoire ?
➢ But we thought we, (Heads of State) should be treated
differently… Anyway they will not get any witness
…Kenya?
Or
➢ Justice and accountability only for the looser?... Cote
d’Ivoire?

6. The Grievance of the African
Union on the ICC
➢ 8 out of 9 countries of ICC operations in Africa
➢ Similar crimes committed elsewhere… No ICC
actions: “selective justice” !
➢ UNSC ignored AU called to suspend cases against
Presidents Bashir and Kenyatta while it was easy
for American to protect their troop against the
ICC…
➢ But… Has the AU gone too far by calling for a
collective withdrawal without ensuring an
alternative?
➢ In fact: Is Africa really against the ICC? Which
Africa? The Africa of people or just a couple of
noisy leaders?

7. Cont…
➢ The unprecedented record of 16 countries
reservations to the “collective withdrawal
plan” + Recent development in South Africa
➢ Popular consultation in Zambia showed
massive support to the ICC
➢ In Brazzaville a big audience supported the
ICC on the 4th July public debate… when they
understand better the complementarity
principle…

8. It is all about the victims
➢ There are thousands of victims in Africa
➢ They were killed by Africans
➢ They have no other means to claim justice and
accountability
➢ Malabo Protocol giving criminal jurisdiction to
the ACHPR: An opportunity or a curse?
➢ The deterrent effect of the ICC
➢ I see hope ….

9. Some Ideas
➢ Restoring trust: Beside technical
interactions bet. ICC and the AU --- What
about a high level dialogues to be
catalyzed by progressive heads of states
+ African eminent personalities ?
➢ The “withdrawal strategy” to be
transformed to a reform strategy driven
by African Champions
➢ The prosecutor to communicate more on
what is happening on situations out of
Africa --- Any blockade ?

10. Ideas cont.
➢Recent Brazzaville public debate:
Complementarity + issue of
independence of the court vs. OTP
➢Using the “Silencing the Gun by
2020” roadmap & and the Agenda
2063 prerequisites
➢The role of the UNSC to be back in
the debate – Why not the UNGA be
in charge?

11. Thank You !
My contacts
Email: assogbavi@me.com
Twitter: @assodesire
www.assodesire.com