AKSUJA Volume 7 Number 1 2026

INTERNATIONAL CRIMINAL COURT AND THE PURSUIT OF INTERNATIONAL CRIMINAL JUSTICE IN AFRICA: A HISTORICAL AND DIPLOMATIC ANALYSIS

Amah Maclean Williams
Abstract

123 Countries have ratified the Rome Statute establishing the International Criminal Court (ICC), out of which 33 are African countries accounting for more than half of the Countries on the continent. All the cases prosecuted by the ICC so far have to do with crimes allegedly committed in Africa. This has raised questions as to whether this is an example of selective prosecution or an unbiased quest for justice in the numerous crimes against humanity committed on the continent. The perceived lopsidedness in the operations of the ICC has been put to question by African leaders and has come under severe intellectual attack This paper explores the complex relationship between the International Criminal Court (ICC) and Africa, analysing its historical roots, major case interventions, and the diplomatic controversies that have shaped perceptions of international criminal justice on the continent. While African states were instrumental in the formation of the ICC through the Rome Statute, the subsequent focus of ICC prosecutions on African leaders has led to accusations of bias, neo-colonialism, and selective justice. The research examines critical cases such as those involving Sudan and Kenya, highlighting tensions between the pursuit of accountability and the principles of state sovereignty. Drawing on legal, political, and historical perspectives, the paper also evaluates the future of ICC-Africa relations and international criminal justice in Africa. Ultimately, the study argues for a more inclusive and balanced system of international criminal justice that respects both global norms and African agency.

Keywords: International Criminal Court (ICC), Africa, International criminal justice, Human Rights, Transitional Justice
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