African presidents will weigh costs of leaving office

Significance Jammeh has rescinded his initial concession and is challenging the outcome. Across the continent, decisions of presidents to stand down from office are critical for avoiding electoral violence and pushing forward the process of democratic consolidation. When presidents stand down, it builds trust between rival parties and increases popular support for democracy. Presidents willing to transfer power peacefully also minimise the risk of political uncertainty and conflict. Impacts West African states may agree to provide Jammeh with a safe residence to support a smooth transfer of power. Declining opinions of democracy in the West could erode its appeal overall. Investigations into political leaders will continue to foment dissatisfaction with the International Criminal Court (ICC).

Significance If Barrow is inaugurated, it will mark the first peaceful transfer of power since the country gained independence. Incumbent Yahya Jammeh, who seized power in a 1994 military coup, was widely expected to claim victory, despite widespread frustration. With the economy stagnant and the unemployment rate among the highest in West Africa, Barrow successfully united much of the political opposition. Jammeh's concession was unexpected given the repression that his security services employed prior to the election. Impacts A new administration will look to draw prominent figures from across The Gambia's ethnic groups. Security will remain taut ahead of the upcoming inauguration and legislative elections scheduled for April. The new government could renew its commitment to the International Criminal Court (ICC). There could be widespread calls for the prosecution of Jammeh, which may provoke unrest within the military and new coup fears.


2021 ◽  
Vol 1 (1) ◽  
pp. p37
Author(s):  
Lamessa Gudeta Guder

Though, African continent has the highest number of state parties to the Rome Statute, recently several criticisms and allegations have been leveled against ICC interventions in Africa. AU and African higher official apparently call for non-cooperation of ICC. They believed that, ICC is unfairly targeting Africa and Africans, and it is a neo-colonial plaything and that Africa has been a place to experiment with their ideas. Such allegation begs question that is really the ICC unfairly focusing Africa and Africans? Therefore, it needs evaluating these accusations by considering the whole process and function of ICC. Accordingly, when we evaluate the allegations, it seems too far from trues. Because, on one hand, many of allegation and criticism itself is not representative of African peoples rather it is the allegation of some African political leaders of authoritarian nature of power those who fears the prosecution for the commission of mass crime and atrocities in their respective countries. On other hand the composition of the court by itself is Africans. It is a global court with historically strong African support. It would not be the court it is today without the valuable input, involvement and support of the majority of African states. The court seeks justice for victims of grave crimes, including African victims; it needs the ongoing support of African government, civil society and public in order to achieve justice. It was intended to be a credible, independent judicial body, able to adjudicate the most serious of international crimes fairly and impartially, where National judicial systems have failed and fight against impunity all over the world.


Author(s):  
Njoki Wamai

The tensions generated by the International Criminal Court’s (ICC’s) indictment of four prominent Kenyans—including Uhuru Kenyatta and William Ruto, who went on to become president and deputy president of the Kenyan Republic, respectively—in 2013 promised to reorder the relationship between Kenya and the international community. This chapter discusses the ICC’s intervention and its impact on both local Kenyan politics and Kenya’s relationship with its regional and international partners including its traditional Western partners, such as Europe, the UK, and the US. The chapter also discusses how tensions between Kenya and the West influenced Kenya’s relationship with the East including China, India, and Japan.


Subject Regional risks posed by the crisis in Burundi. Significance On January 31, the African Union (AU) heads of state voted against deploying a proposed 5,000-strong peacekeeping force to Burundi to quell violence triggered by President Pierre Nkurunziza's successful bid for a third term in office. The decision indicates tacit support by many leaders, some of whom are planning similar bids. Yet they remain concerned for the wider security implications should a full civil war erupt. Impacts Tanzania's new president, John Magufuli, is best placed to lead future peace talks given his strong standing regionally and internationally. If the crisis becomes genocidal, the UNSC may consider extending its DRC peacekeeping mission's mandate to include Burundi. AU opposition to the International Criminal Court means that Nkurunziza is unlikely to face charges if he steps down or is removed.


Significance This followed the publication of a public protector report the previous day outlining damaging evidence of alleged collusion between government ministers and Zuma associates, the Gupta family, including potential criminal activity. The report's findings have sparked fears of a constitutional crisis, with a commission of inquiry to be established within 30 days. Impacts Divisions between the ANC's nine provincial bodies will increase as pro- and anti-Zuma camps crystallise, leading to internal party unrest. The alliance between the ANC and its trade union partners will likely weaken further and hamper the party's 2019 electoral campaign. Pretoria's international standing could suffer further after the announcement that it wished to leave the International Criminal Court.


2015 ◽  
Vol 15 (1) ◽  
pp. 1-39 ◽  
Author(s):  
Alette Smeulers ◽  
Maartje Weerdesteijn ◽  
Barbora Hola

The main aim of the International Criminal Court (icc) is to prosecute the most serious crimes of concern to the international community. One of the most valued features of the icc is the independent position of the Prosecutor in selecting situations and cases to investigate. The Prosecutor, however, has been heavily criticized for his selection policy and countries from the African Union even threatened to withdraw from the icc because of its alleged bias and unfair focus on African political leaders. In this article we present the results of our explorative study in which we empirically evaluate the situations selection policy of the icc Prosecutor. We conclude that given the icc’s limited jurisdictional reach, the Prosecutor is generally focusing on the gravest situations where international crimes are supposedly committed.


Subject The United States, the International Criminal Court and international legal investigations. Significance The International Criminal Court (ICC) is being criticised for its paltry conviction record, alleged targeting of particular states and leaders and possibly existential crisis of being unable to prosecute many international criminals. On September 10, US National Security Advisor John Bolton questioned the ICC's legitimacy and applicability, threatening sanctions against its leadership if it pursued investigations against US military personnel for controversial incidents in Afghanistan or against US allies. Impacts African states may push the ICC to refocus away from eastern and southern Africa. Some leaders could use US criticisms of the ICC as cover to violate international human rights. Washington may increasingly seek bilateral protections against ICC involvement in US global activities. The ICC may recalibrate its approach to disputes, seeking other support for its activities.


AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 57-61 ◽  
Author(s):  
Yaël Ronen

Interest in the criminal aspects of the Israeli settlement project in the West Bank is hardly new; it informed the drafting of Additional Protocol I (AP I) and of the Statute of the International Criminal Court (ICC), and motivated Israel's rejection of both instruments. The 2009 Palestinian attempt to establish ICCjurisdictionpromptedextensivescholarlydebate on the preconditions for jurisdiction and on its territorial and temporal aspects, as well as on specific admissibility questions, primarily gravity. (Complementarity is not an issue with regard to the establishment of West Bank settlements, since Israeli law and jurisprudence do not prohibit it, although they regulate some aspects related thereto).


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