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May 25, 20260 citationsOpen Access

It is self-defeating for Africa (and South Africa) to withdraw from the international criminal court

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HCHuman Sciences Research Council

Key Points

  • The aim is to highlight the self-defeating nature of calls for Africa's withdrawal from the ICC among AU members.
  • Analyzed statements from African political leaders regarding ICC withdrawal.
  • Discussed the implications of withdrawal on Africa's values and peace efforts.
  • Explored the current institutional capacities of African nations to handle serious crimes.
  • Withdrawal calls contradict Africa's values and contributions to the ICC.
  • Africa lacks institutional capacity to address war crimes and genocides independently.
  • Reform of the ICC is more beneficial than immediate withdrawal for African nations.

Abstract

The central premise of this contribution is that calls from African Union (AU) members for Africa to withdraw from the International Criminal Court (ICC) are self-defeating and premature. We argue that these calls from a number of African political leaders contradict the continent's own values, its substantial contribution to the ICC and its own efforts at establishing peace and security. We further argue that the threatened withdrawal is untimely because the continent does not yet have its own institutional capacity to handle war crimes, crimes against humanity, genocide and crimes of aggression. As a result, African nations will be better off 'for now' to call for the reform of the ICC rather than demand withdrawal from the Court.

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Cite This Study

Human Sciences Research Council (2026) studied this question.

synapsesocial.com/papers/6a13e81d0e02ee3982d32be5https://doi.org/10.14749/32383641
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1The Missed Opportunity to Africanise the International Criminal Court: An Appraisal of the Case of Prosecutor v Dominic Ongwen2024
  2. 2African States and the International Criminal Court: Withdrawal Threats, Selective Justice, and Reform: Youth Perspectives and Intergenerational Justice2021
  3. 3The Accountability Gap Reconsidered: International Criminal Justice, Selective Prosecution, and African Sovereignty2026
  4. 4‘From al-Bashir to Putin – what can we learn about ongoing contestation towards the International Criminal Court?’2026
  5. 5An Evaluation of the Impediments to the Establishment of the African Criminal Court & the Prospects for Justice and Peace in Africa2024