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Racism In The International Criminal Court

By: Jason Staloski

Blog Category: International Law & Race

The International Criminal Court (ICC) is located in the Netherlands and was established in 2002. The ICC was created in order to prosecute individuals charged with either genocide, crimes against humanity, war crimes, or crimes of aggression. The ICC currently has jurisdiction over 122 states where these crimes occur. Recently, the African Union (AU) has levied allegations against the ICC claiming that the institution is racially discriminatory in deciding which cases to prosecute.

To support their allegation of racism, the AU notes that every prosecution pursued by the ICC originated from a country located in Africa. At the most recent AU Summit, the member nations of the AU unanimously agreed that a sitting head of state in a member nation of the AU should be hauled in front of ICC in response to William Ruto, the sitting Deputy President of Kenya, being forced to attend his trial in front of the ICC regarding the pending crimes against humanity charges. While the AU has not threatened to withdraw from ICC jurisdiction, the possibility has been discussed by AU nations.

Hailemariam Desalegn, chairperson of the African Union and Ethiopian President, has stated that, “The process [of the ICC selecting who to prosecute] has degenerated into some kind of race hunting.[1]” The ICC has defended itself by stating that a majority of its member nations come from Africa, therefore, it is only logical that there would be more cases arising from AU nations. The ICC also defended itself by indicating that of the 8 current investigations regarding AU nations, four of the ICC was requested by that state itself to investigate.

The opinions expressed herein are strictly those of the author and do not necessarily reflect the opinions of the Widener Journal of Law, Economics & Race. 


Richard Lough, African Union accuses ICC prosecutor of bias, Reuters (Apr. 5 2014), available at http://www.reuters.com/article/2011/01/30/ozatp-africa-icc-idAFJOE70T01R20110130.

Jacey Fortin, African Union Countries Rally Around Kenyan President, But Won’t Withdraw From The ICC, International Business Times (Apr. 5, 2014), available at http://www.ibtimes.com/african-union-countries-rally-around-kenyan-president-wont-withdraw-icc-1423572.

Al Mariam, The International Criminal Court on an African Safari?, Salon, (Apr. 5, 2014), available at http://open.salon.com/blog/almariam/2013/09/29/the_international_criminal_court_on_an_african_safari.

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