The imminent mass exodus from the ICC by African member states: A turning point for justice in Africa?Posted: 26 May, 2016 Filed under: Thabang Mokgatle | Tags: ACJ, African Court of Justice, Day in Support of Victims of Torture, domestic courts, EAC, Extraordinary African Chambers, Habré trial, human rights treaties, ICC, International Criminal Court, Kenya, loss of lives, post-election ethnic violence, President Uhuru Kenyatta, Senegal, torture, universal jurisdiction 2 Comments
Author: Thabang Mokgatle
Candidate Attorney, Rushmere Noach Incorporated, Port Elizabeth, South Africa
This post originally appeared on LinkedIn.
After several months of reading headlines, scholarly articles and opinion pieces about the International Criminal Court (ICC) and its alleged anti-Africa agenda, news that Senegal had taken a decision to prosecute former Chadian leader Hissène Habré for, amongst others, crimes against humanity was welcomed.
Implementing the international law principle of universal jurisdiction, the Extraordinary African Chambers (EAC) were opened in Senegal in 2013, giving the domestic courts of the country the authority to try the former leader for war crimes committed in Chad from 1982 to 1990. Universal Jurisdiction, and particularly the jurisdiction of the EAC allows for the African member State to prosecute persons responsible for international crimes, irrespective of whether they are a former or sitting Head of State. As Thulasizwe Simelane of ENCA News aptly puts it, the trial is “‘one small step for a country (Senegal) and one giant leap for the continent” .The move is indeed revolutionary for Africa. Revolutionary because one need only refer to media headlines to deduce that the gripe African leaders have with the ICC is underscored by its persistent ‘targeting’ of African leaders in office.