The International Criminal Court under Threat by the United States and the United Kingdom: Is the Court Still Relevant for Africa?

Abstract

This article examines the challenges facing the International Criminal Court (ICC) under pressure from the United States and the United Kingdom. It further evaluates the ICC’s relevance and benefits for Africa, with a focus on issues of power, legality, and fairness in international criminal justice. The article addresses the following questions: (i) How many heads of state around the world have been tried at the ICC? (ii) Is the ICC unfairly targeting African heads of state? (iii) How do threats from powerful states affect the status of the ICC? This article examines whether Africa should withdraw entirely from the ICC, given that some member states and non-member states appear untouchable. The article critically evaluates the strategic value of ICC membership for Africa and explores whether alternative regional mechanisms, such as a strengthened African Court of Justice, may offer a more equitable and context-sensitive approach to accountability. Hence, the article concludes that Africa should strengthen the African Court of Justice and withdraw from the ICC, which is threatened by every major power and cannot ensure justice for anyone. The study is qualitative and uses existing literature, including primary and secondary sources.