Criminal responsibility is a question of answerability; it declares certain actions to be wrong and calls those who are accused of having perpetrated such wrongs to answer for their actions.
South Africa’s decision to leave the ICC suggests that its foreign policy is caught in a dilemma between lofty ideas, an unsettled identity crisis, and shifting priorities in a complex world.
It is a question of when, not whether, Kenya will pull out of the ICC. But it is also clear that there is some incentive for Nairobi not to withdraw immediately
There are fears that the withdrawal of countries from the ICC would mark the end of international criminal justice in Africa. This need not be the case.
Ironically the campaign to withdraw from the ICC was mainly initiated by the very same governments and heads of state that had earlier referred cases to the ICC when it suited their own interests.
The ICC has made important advances by investigating cases outside Africa and completing ones that further define what is not allowed in war. South Africa’s withdrawal is concerning, but not fatal.
Arguably Africa’s most powerful diplomatic player, South Africa is now backing out of the world’s most important mechanism for bringing war criminals to justice.
The South African government’s decision to withdraw from the ICC should not be seen in isolation. The African Union has called on its member states to withdraw from the court.
The ICC sentence against Al-Mahdi for destroying ancient artifacts at Timbuktu sends the right message that the international community will not tolerate the destruction of heritage sites.
The violence that often accompanies political disputes or elections is testimony to the efficacy of hate propaganda as a tool in the political arsenal of Kenyan politicians.
The trial of Chad’s former dictator could provide a template for prosecutions of other African despots. Its success could be seen as a victory for African justice over international approaches.
Jean-Pierre Bemba Gombo has been convicted for crimes of sexual violence during war in the Central African Republic. It’s a significant case, but not the historic victory it’s been hailed as.
South Africa’s withdrawal from the ICC could have mere symbolic value. The country will continue to have obligations to binding decisions taken by the UN Security Council – including those pertaining to the court.