The AU Debacle with the ICC: The Creation of the African Criminal Court

Abstract

Just like the churning of milk brings forth butter, the same could be said that the African Union (AU) debacle with the International Criminal Court (ICC) led to the creation of the African Criminal Court (ACC). Despite the initial support of the ICC by the AU and it state members during the creation process, the indictment of mostly senior serving African state officials by ICC when it came into force resulted in a devastating and tense relationship between the AU and the ICC. The creation of the ACC therefore was fast tacked by this unfriendly relationship between the AU and the ICC. This article argued that despite the tense relationship, harmonization of certain organs of the ACC and the ICC is necessary in the fight against impunity for the most serious crimes of international concern. In this regard, I examined the legality and legitimacy of the ACC and maintained that despite the immunity provision, it legality is consistent with international law, and accordingly, that the ACC is not the African panacea with respect to the fight against impunity for serious international crimes. Consequently, since the ACC and the ICC shared jurisdictions for the most serious crimes of international concern, harmonization of the ACC and the ICC through complementarity and cooperation will result in the formation of an undefeated tag team to fight against impunity for the most serious crimes affecting the international community.