The AU's journey to an African Criminal Court: a regional perspective

Abstract

The discourse on international criminal law enforcement took an interesting turn when, in 2016, three African states announced their withdrawal from the ICC. These declarations were further punctuated by rhetoric, both from within the AU and a selection of African Heads of States, on the need for an alternative African-wide criminal court. Researchers, over the years, have examined the strained relationship between the ICC and AU, especially from the perspective of debunking allegations of bias levelled against the ICC by the latter. However, very little, if any, research has examined the discourse from the perspective of regionalism, and whether a regional criminal court, which would be the first of its kind, is in line with recent regional strides within Africa. This article seeks to make an important contribution to the literature by examining past developments between the AU and ICC and analysing whether these can be viewed from an alternative spectrum of the AU’s spirited march towards regional autonomy as opposed to the dominant perspective of a conceited movement towards authoritarianism and non-accountability. It argues that, its feasibility notwithstanding, there is a strong case for viewing Africa’s move for a regional court from an alternative lens of regional governance and control.