Rethinking the North-South divide in international criminal justice: Reflections from an African viewpoint

francis_dusabeAuthor: Francis Dusabe
Legal Researcher

‘Whatever you do for me but without me, you do against me’– Mahatma Gandhi, 1869-1948

More than ever before, Africa is at both sides of the coin; it is the subject of international criminal law because African states have steadfastly stood for the creation of the International Criminal Court and an object of international criminal law because of the unfortunate participation of Africans in atrocities that ravages their continent.

Unlike what many think, Africa has a lot to offer in the development of international criminal law, be it at domestic, regional and international level. Domestically, Africa leads other continents in the nationalisation of international criminal law either through domestication of the Rome Statute or the incorporation of main principles of international criminal law as enshrined in major conventions and treaties in national law.

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Reacting to the growing attitude of African leaders in using politics as an engine to flout judicial authorities

Sheriff Kumba JobeAuthor: Sheriff Kumba Jobe
Currently pursuing a professional course (BL) at Gambia Law School

As a young person growing up in The Gambia, enjoying relatively peaceful personal development and knowing little or nothing about the Continent (i.e. Africa), I was optimistic of what the future holds for us. My optimism has somewhat changed after recently following some developments unfolding in the Continent. I became more skeptical when I listened to the African-born Chief Prosecutor of the International Criminal Court, Fatou Bensouda making exposition to the Darfur situation. She frustratingly advanced that:

“Innocent civilians continue to bear the brunt of insecurity and instability, in particular as a result of what appears to be an on-going government campaign to target them. The people alleged to be most responsible for these on-going atrocities are the same people against whom warrants of arrest have already been issued.”

These words made me more concerned that the political and legal atmosphere in Africa is becoming unsafe for human shelter. The friction between the two has become too chaotic and toxic for a peaceful and orderly coexistence. The breeze blowing to my observation is not only hostile to the citizens of the Continent but also to the legal frameworks and judicial institutions created for the implementation and protection of our rights.

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