Should Africa leave the International Criminal Court?

Many African leaders have been angry for a number of years that the International Criminal Court and the affiliated Rwanda and Sierra Leone war crimes courts appear to have focused exclusively on African war criminals- in Rwanda, Liberia, Sierra Leone, Congo, Ivory Coast, Uganda, Kenya and Somalia.

Last month the South African government announced its intention to withdraw from the ICC. Burundi said it had already made such a decision. Then, after those two, came Gambia and now observers are saying there may be others that will follow.

Yet over the years it is the African states themselves that have made most of the referrals to the ICC. An African woman is the Court’s chief prosecutor. Five of the 17 judges are African.

In the last few years there have been a number of self-referrals to the ICC by Uganda, the Democratic Republic of Congo, Cote d’Ivoire, Mali, Central African Republic (twice), the Comoros and, as recently as September, Gabon.They are countries that have been plagued by viscious, no-holds barred, insurgencies.

African governments were prompt in arresting suspect leaders of the genocide in Rwanda who had tried to hide away in nearby countries. African countries whilst complaining out of one side of their mouth have been out of the other side forcefully making use of the ICC for their own good purposes.

Today, if one looks at all the courts in the round, since the founding of the War Crimes Tribunal for ex-Yugoslavia in 1993 and then the creation of the international UN-supervised courts for East Timor and Cambodia, there have been a good number of ex-Yugoslavs, Cambodians, Indonesians, East Timorese tried and convicted. It is not just Africans.

Moreover, the ICC prosecutor is currently investigating war crimes in a number of other countries – Venezuela, Syria, Honduras, Georgia, Palestine and Iraq. The influential, Washington-based, Foreign Policy Magazine revealed in late October that the ICC ”is ready to initiate a full investigation of a range of possible war crimes and crimes against humanity in Afghanistan, including some by U.S. personnel. The ICC move would mark the first time that a formal ICC investigation has scrutinized U.S. actions and sets up a possible collision with Washington.”

There is nothing to stop African countries referring an alleged atrocity crime to the ICC happening in some other part of the world. Why don’t they, for example, refer to the ICC the extra-judicial executions in the Philippines supposedly now being carried out at the behest of its president? Why not in Colombia since the peace agreement has collapsed? Why not in Mexico where the army has clearly engaged in extra-judicial killings?

If a country – say Tanzania – refers such a happening to the ICC this enables the ICC Prosecutor to initiate a formal investigation without waiting for any further authorization.

African states could also take the initiative, argues David Scheffer, the former American diplomat responsible for war crimes issues, to refer a non-African situation to the Court- for example if new atrocity crimes erupt in Afghanistan, if North Korea again attacks South Korea resulting in many casualties, if new atrocities occur amidst the political turmoil in Bosnia, in Syria on both sides of the conflict, or if the Syrian conflict spills over into Jordan.

African governments could be far more effective in pressing the UN Security Council to refer, under Chapter Seven of the Charter, present-day conflicts in Syria, Yemen and Iraq. The only Security Council activity pushed by the Africans is to try and persuade it- futilely- to shut down investigations of some of their own.

Africans have no good reason to think that the world is picking on them and that the West, in particular, thinks it is morally superior.

Look at it this way. It’s only 70 years ago since the German surrender and the arrest of Hitler’s 50 senior accomplices. Winston Churchill wanted them to be summarily shot. How “civilized” was that? It was the US president, Harry Truman and the Soviet leader, Joseph Stalin, who persuaded Churchill that a public trial (at Nuremberg) with the right of defence was necessary, both to educate public opinion and to make sure revanchist Germans could never use the argument that the allies didn’t believe in justice.

Most countries of the world are members of the ICC. The last thing we need is a ”Brexit”-type movement of withdrawals. On the contrary what is needed is its strengthening- for the likes of US, Russia, Israel, China, Saudi Arabia, Sri Lanka and India (it has recently indicated it might well join) to sign up.

The number of wars and atrocities has gone down all over the world during the last 25 years, not least in Africa. The Africans should understand that the ICC will help them get this number down further. The ICC serves Africans’ interests. It is important that they should come to realize this.

Copyright: Jonathan Power

Foreign affairs columnist, film-maker and author

Related Posts

This is not another geopolitical commentary on the Arctic. It is a visionary peace proposal that can save the region from militarised rivalry and ecological ruin. A blueprint for shared security, sustainable development, and human dignity — benefitting Greenland, the Arctic, and the rest of us. Jan Oberg TFF director Lund, Sweden, February 17, 2026 I. Four Principles for a New Arctic Vision The Arctic is often framed as a cold arena of rivalry — a place where great powers test each other’s resolve. But this worldview is outdated, unimaginative, and ultimately self‑defeating. The Arctic is not a vacuum waiting to be militarised; it is a living region, a climate stabiliser, and a cultural homeland whose future will shape the future of humanity. If we begin from that understanding, a far more rational Arctic order becomes possible — one that is peaceful, cooperative, and centred on the people who actually live there. This vision rests...
Photos © TFF 2000 Read PressInfo 90 “Lift the Sanctions and Bring More Aid to Yugoslavia” See Pictures from Belgrade © TFF 2000 Please reprint, copy, archive, quote or re-post this item, but please retain the source.
PART 2 — Diplomacy, Law and Nonviolent Power By Jan ObergTFF co-founder and director January 26, 2026 This is the second of four TFF-created idea portfolios designed to curb the global reach of the United States and, in both the short and long term, help catalyse a worldwide nonviolent resistance to what many observers describe as the Trump administration’s uniquely confrontational, destructive and world-threatening policies. These portfolios outline what governments and citizens across the world can do through dynamic diplomacy, creative initiatives, and strictly nonviolent means. They are typical TFF works in that we do not only tell what the problem is and how bad it will go – as 90+% of all commentators, experts and scholars do – we tell what we think can be done, inviting you to think of what you think you can do. It seems painfully clear to me that the current political dynamics in Washington increasingly resemble the most dangerous...

Recent Articles

Tony Robinson October 4, 2026 Violence is easy to recognise when someone is being beaten, shot or killed. It becomes more difficult when nobody is holding a weapon. Poverty, discrimination, exploitation and repression can restrict a human life just as effectively, although they do so in very different ways and with very different consequences. Simply adding more categories to an ever-growing list of forms of violence does not really solve the problem. The more interesting question is what all these different situations have in common and why it makes sense to describe them using the same word. Human beings do not simply react to what happens around them. They remember the past, imagine things that do not yet exist, make plans and undertake projects. Workers organise because they imagine different working conditions; people migrate because they imagine another life somewhere else; social movements emerge because people refuse to accept the...
It’s a matter of principles, courage, vision and pulling together – while the militarist world is falling apart… Peter Langille October 3, 2026 “Here, then, is the problem which we present to you, stark and dreadful and inescapable: Shall we put an end to the human race; or shall mankind renounce war?”The Bertrand Russell—Albert Einstein Manifesto, July 9, 1955 ⁕ The forecast for what’s ahead is worrisome. The sharp rise in armed conflicts over the past three years is adding to what was already the highest level in over seventy years. Genocides, which should be prevented are supported. A shared climate emergency that jeopardises survival is ignored. Diverse polls now suggest that people are war-weary, worried and interested in a more effective United Nations. And, there are viable policy options for a more secure world! Yet governments are doubling-down, betting on more war and investing heavily. If current trends persist,...
Johan Galtung 1930-2024October 2015 Published here on October 3, 2026 Let us focus on Civilization for conflict analysis and remedies. Major forms of disorder use violence; war is state organized violence. The most belligerent states are the United States of America and Israel, both with civilization roots. National Evangelism, the US Protestant Christian civilization– more national than evangelical–justifies US warfare as exceptionalism of a people chosen by God, with a manifest destiny to run the world. Orthodox Judaism justifies Israeli warfare to conquer and expand from Nile to Euphrates as a religious right and duty to the Eternal One. The third most belligerent country, the UK, no longer believes it is God-chosen but chosen by the USA; not quite the same but something. But the root cause of global disorder lies in the Occident–with Islam–seeing itself as the single, universal civilization valid for all at all times, all others being...

TFF on Substack

Discover and subscribe to more peace materials on TFF Substack

Most Popular

Tony Robinson October 4, 2026 Violence is easy to recognise when someone is being beaten, shot or killed. It becomes more difficult when nobody is holding a weapon. Poverty, discrimination, exploitation and repression can restrict a human life just as effectively, although they do so in very different ways and with very different consequences. Simply adding more categories to an ever-growing list of forms of violence does not really solve the problem. The more interesting question is what all these different situations have in common and why it makes sense to describe them using the same word. Human beings do not simply react to what happens around them. They remember the past, imagine things that do not yet exist, make plans and undertake projects. Workers organise because they imagine different working conditions; people migrate because they imagine another life somewhere else; social movements emerge because people refuse to accept the...
It’s a matter of principles, courage, vision and pulling together – while the militarist world is falling apart… Peter Langille October 3, 2026 “Here, then, is the problem which we present to you, stark and dreadful and inescapable: Shall we put an end to the human race; or shall mankind renounce war?”The Bertrand Russell—Albert Einstein Manifesto, July 9, 1955 ⁕ The forecast for what’s ahead is worrisome. The sharp rise in armed conflicts over the past three years is adding to what was already the highest level in over seventy years. Genocides, which should be prevented are supported. A shared climate emergency that jeopardises survival is ignored. Diverse polls now suggest that people are war-weary, worried and interested in a more effective United Nations. And, there are viable policy options for a more secure world! Yet governments are doubling-down, betting on more war and investing heavily. If current trends persist,...
Johan Galtung 1930-2024October 2015 Published here on October 3, 2026 Let us focus on Civilization for conflict analysis and remedies. Major forms of disorder use violence; war is state organized violence. The most belligerent states are the United States of America and Israel, both with civilization roots. National Evangelism, the US Protestant Christian civilization– more national than evangelical–justifies US warfare as exceptionalism of a people chosen by God, with a manifest destiny to run the world. Orthodox Judaism justifies Israeli warfare to conquer and expand from Nile to Euphrates as a religious right and duty to the Eternal One. The third most belligerent country, the UK, no longer believes it is God-chosen but chosen by the USA; not quite the same but something. But the root cause of global disorder lies in the Occident–with Islam–seeing itself as the single, universal civilization valid for all at all times, all others being...
Read More
Living-Peace-Sign-Budapest-copy
Tony Robinson October 4, 2026 Violence is easy to recognise when someone is being beaten, shot or killed. It becomes more difficult when nobody is holding a weapon. Poverty, discrimination, exploitation and repression can restrict a human life just as effectively, although they do so in very different ways and with very different consequences. Simply adding more categories to an ever-growing list of forms of violence does not really solve the problem. The more interesting question is what all these different situations have in common and why it makes sense to describe them using the same word. Human beings do not simply react to what happens around them. They remember the past, imagine things that do not yet exist, make plans and undertake projects. Workers organise because they imagine different working conditions; people migrate because they imagine another life somewhere else; social movements emerge because people refuse to accept the...
b54a1f10-8c65-4f0b-9dd5-4abc0a7d04cc_2659x2659
It’s a matter of principles, courage, vision and pulling together – while the militarist world is falling apart… Peter Langille October 3, 2026 “Here, then, is the problem which we present to you, stark and dreadful and inescapable: Shall we put an end to the human race; or shall mankind renounce war?”The Bertrand Russell—Albert Einstein Manifesto, July 9, 1955 ⁕ The forecast for what’s ahead is worrisome. The sharp rise in armed conflicts over the past three years is adding to what was already the highest level in over seventy years. Genocides, which should be prevented are supported. A shared climate emergency that jeopardises survival is ignored. Diverse polls now suggest that people are war-weary, worried and interested in a more effective United Nations. And, there are viable policy options for a more secure world! Yet governments are doubling-down, betting on more war and investing heavily. If current trends persist,...
010
Johan Galtung 1930-2024October 2015 Published here on October 3, 2026 Let us focus on Civilization for conflict analysis and remedies. Major forms of disorder use violence; war is state organized violence. The most belligerent states are the United States of America and Israel, both with civilization roots. National Evangelism, the US Protestant Christian civilization– more national than evangelical–justifies US warfare as exceptionalism of a people chosen by God, with a manifest destiny to run the world. Orthodox Judaism justifies Israeli warfare to conquer and expand from Nile to Euphrates as a religious right and duty to the Eternal One. The third most belligerent country, the UK, no longer believes it is God-chosen but chosen by the USA; not quite the same but something. But the root cause of global disorder lies in the Occident–with Islam–seeing itself as the single, universal civilization valid for all at all times, all others being...
Screenshot 2026-10-02 011738
Jan ObergPhD, director, The Transnational Foundation for Peace and Future Research, TFFLund, Sweden October 2, 2026 This is my full original manuscript. The Chinese Academy of Social Science, CASS, makes two publications out if it. 1. China’s Five-year plan emphasized the capabilities of basic research and original innovation. It is regarded as the goal of the future social development, which, as required, should be significantly enhanced. Can you comment on the importance of original innovation in research and academic study? I believe it is easier to define “original innovation” in the natural sciences than in social sciences. The breaking points of what constitutes something new, or innovative, are not quite as sharp in the latter. But in both fields it is about opening up something that was closed, unseen, unexplored before – making manifest what was earlier latent. Innovations come in many forms and shapes – naming something that was not...
arctic-circle-map
The agreement is catastrophic both because of what it says and what it doesn’t mention. It reduces further the major asset of security policies: Freedom of action. Jan Oberg TFF director September 25, 2026 A couple of hours before the agreement was signed on September 22, 2026, I published the following 13 hypotheses about what it would most likely contain on TFF Substack (in English). I was wrong on only the first point. Contrary to what Trump had written on his Truth Social platform, it does not appear to come into force immediately. In fact, it turned out to be worse than even I had anticipated. After these hypotheses now come a number of reflections in light of what the agreement actually contains, and does not contain, as well as the way in which it has generally been presented by major media outlets and by the public-service broadcaster DR. My...
girl-5894831_1280
Below are TFF-related media mentions, comments, videos and social media posts published elsewhere but not on this homepage. We happen to catch and list only a fraction. Regarding video comments and debates, we recommend that you go to the TFF Video Channel on Substack where many of them are reproduced. Jan Oberg is a contributor to China Daily – 52 million daily clicks – and Global Times, CGTN and CCTV (the national television), China Investment, Xinhua News Agency and several others. Articles and videos on these media very often multiply into countless Chinese (and Western media) that re-post them from these main media. Thanks to The China Academy, his analyses, interviews and comments are frequently posted on YouTube channels such as Thinkers Forum and Wave Media. These videos are often re-posted on Bilibili (China’s YouTube), the China Content Center on TikTok, and on the Chinese edition of TikTok, Douyin.com. This means reaching hundreds of millions of viewers worldwide over a year. While there are too many to catch on all these...