Description
This paper seeks to analyse the validity of African concerns about the International Criminal Court (ICC), which are hampering the functions of the Court and threatening its extinction in Africa and beyond the continent. Some African states have ostracised the ICC for practicing selective justice/double standards (an exclusive focus on Africa), insensitivity to the prioritisation of peace over justice in some situations in Africa, and the Permanent Five (P5)'s encroachment in non-state parties to the Rome Treaty. African states have also vilified the ICC for disregarding the exemption from incarceration and surrender of persons endowed with immunities, creating interpretation and implementation problems between Articles 27 and 98 of the Rome Statute and Customary International Law on Diplomatic Immunities. The discord between Africa and the ICC has led some African states to ignore enforcing the Rome Treaty by ignoring the arrest of indicted persons such as former President Bashir of Sudan. The trend has also spilled beyond Africa, with Mongolia repudiating the arrest and surrender of Russian President Vladimir Putin. By adopting a qualitative research methodology, this paper will analyse the four significant conflicting aspects and their potential implications on international criminal law.
