She said although the ICC is a universal court, which embodies the universal conviction that perpetrators of crimes offending humanity ought to be held accountable before competent courts, Africa’s political leaders, under the auspices of the African Union, (AU) have not hesitated to criticise the ICC and its Prosecutor, Luis Moreno Ocampo.
Mrs Ankumah was addressing the European Parliament on: “EU Support for the ICC on issues that are real and practical significance for Africa,” in Brussels.
She said the AU had accused the ICC of selective justice and targeting Africans and had therefore condemned the arrest warrants against President Al Bashir of Sudan and Muammar Ghadaffi of Libya and have openly declared that they will not assist the ICC in transferring the two rulers to The Hague.
“When State Parties, and in this case some 30 African States, refuse to live up to their obligations under the Rome Statute, the efficacy and decisiveness of the ICC are undermined.
“One of the challenges for the international community and for the European Union is how to persuade, urge, and require African States and their political leaders to do what they are supposed to do…,” she noted.
Mrs Ankumah said the AU’s stance against the ICC does not imply that Africa as a whole opposes the Court.
“Formally, the African Union speaks with one voice, but beneath the surface there are other views among the leaders. In fact, some of the cases before the Court were referred by African States who saw the ICC as a body that can help Africa to strive at criminal justice.
“The open critique on the ICC by Africa only commenced when the United Nations Security Council referred Sudan and later Libya – two countries which are not State Parties to the Rome Statute – to the Court, and when arrest warrants were issued against sitting Heads of State in those two countries.
“The views expressed by the AU Heads of State do not reflect the views of all ordinary Africans. There are numerous Africans who support the ICC and see the Court as external assistance in their own internal conflicts and struggle against suppressive regimes. As so often in politics, the voices of the critics are louder than those of the supporters,” she said.
Mrs Ankumah said the criticism against Mr Ocampo was not justified because he was only doing his job, by “collecting evidence and prosecuting those against whom sufficient evidence is found to be most criminally responsible”.
“Yet, the ICC is seen by many not as an objective criminal justice body, but as a politically influenced institute. If crimes allegedly committed by Americans in Afghanistan go uninvestigated and unpunished, then a possible conviction of an African by the ICC will not be perceived by many as international criminal justice being done in The Hague. The ICC may be just, but it is often not perceived as such, she said.
She said a concrete issue now on the table concerns the election of the next Prosecutor when Mr Ocampo’s tenure ends in December with many Africans and the AU holding the view that the next Prosecutor ought to be an African.
“Much can be said in favour of an African Prosecutor. The choice for an African prosecutor could contribute to enhancing the legitimacy of the ICC, especially in Africa.
“On the other hand, caution seems warranted in view of the AU’s stance against the ICC. One cannot exclude the possibility that enormous political pressure will be placed on an African Prosecutor.
“There is reason to support an African candidate – it could help the ICC and Africa. But a Prosecutor from Africa must fiercely guard (his or) her independence. A front-runner for the position seems to be the current Deputy Prosecutor, Gambian born Fatou Bensouda, who among other merits would bring continuity,” Mrs Ankumah said.
She said the method for solving the ICC’s legitimacy problem in Africa concerned the creation of a regional, African criminal law regime, which she said was not without merit.
“Preferably, justice should be done at home. Justice done at home offers greater guarantees for legitimacy. Yet, there is cause for some scepticism. So far, regional courts and quasi-judicial bodies in Africa have not been very successful or efficient,” she observed.
She said if a regional criminal court or chamber were to be created, it should supplement and certainly not substitute the ICC.
Mrs Ankumah said when it comes to the so-called “bigger fish”, one should not expect too much from a regional African Court, adding “a universal court as the ICC will remain necessary to hold the bigger fish criminally accountable”. Continued…