Delivering justice

Accountability for mass atrocities is far from evenly distributed. To paraphrase the former US Ambassador-at-Large for War Crimes Issues, Stephen Rapp, when it comes to international crimes, there is only some justice in some places for some people some of the time. It was just last month that the ICC finally issued warrants for non-African nationals, citizens of the Russian-backed territory of South Ossetia; they are charged with war crimes and crimes against humanity committed during the 2008 war in Georgia.

The ICC has only investigated a handful of situations and prosecuted even fewer. Part of that is because the Court is limited in its resources and reach. For years, states have nickeled-and-dimed the institution and limited its budget. In response to alleged government crimes being investigated by the ICC, some states, like Burundi and the Philippines, have frustrated the ICC’s ability to investigate crimes by withdrawing their membership from the Court. Others, including the United States, have waged sophisticated campaigns to undermine the institution’s standing and authority.

In this context, the recent commitment of the Court and many of its member states to investigate and prosecute those responsible for mass atrocities following the Russian invasion of Ukraine is welcome. Numerous capitals have offered not only unprecedented financial support in the form of voluntary donations, but also their own investigators to help the ICC in its probe. Never before in the Court’s history has it enjoyed such tangible support. Even Washington has spoken positively of the ICC’s role in addressing atrocities in Ukraine.

The focus on the situation in Ukraine and, in particular, perpetrators from Russia may have the effect of undermining the narrative that the ICC is singularly focused on Africa. At the same time, the Court’s welcome attention on atrocities committed in Ukraine should not distract it from contributing to justice efforts on the African continent in a manner that respects the efforts of African states to address their own atrocities and is sensitive to local contexts. It can do so by pursuing accountability itself or by working with partners to galvanise states to do the hard work of holding perpetrators to account in their own courts.

Victims and survivors of atrocities in Africa should also benefit from the advances and lessons learned in pursuing accountability in Ukraine. That includes the novel use of digital forensic investigations to catalogue and trace atrocities, the speedy domestic prosecution of international crimes by national authorities, and efforts aimed at avoiding the duplication of investigation efforts.

The need for justice and accountability in Africa is no less pressing now than it was before Russia’s invasion of Ukraine, and the ICC has a role to play and has room to improve. Consider the following snapshot.

Since the United Nations Security Council referred the situation in Darfur, Sudan to the ICC in 2005, the Court has only detained and initiated the trial of one accused, Ali Muhammad Ali Abd-Al-Rahman. Despite the fall of the regime of former authoritarian President Omar al-Bashir in 2019 and ongoing allegations of atrocities against Sudanese civilians and demonstrators throughout the country, the Court has said it will only prosecute crimes committed in Darfur. Rumours have persisted that authorities in Khartoum might transfer al-Bashir to The Hague, where he faces charges of war crimes, crimes against humanity, and genocide, but that has not happened. Meanwhile, atrocities continue to be committed in Darfur.

Excerpted: ‘International Justice Day 2022: Time for ICC to flip the script’.

Courtesy: Aljazeera.com