Tough Times for the ICC

What just happened? And does it confirm that the ICC has it out for African leaders?

One reason is that every indictment issued by the ICC has been in Africa. The court’s jurisdiction is somewhat hobbled by the non-participation or non-cooperation of many countries, most notably the United States. But the fact remains that Africa has been the focus of a court based in Europe, and given that memories of colonialism are in some places still fresh and very raw, that raises hackles.

via the Atlantic.com

Or, more likely, does this reveal “a fundamental flaw” in the institution, namely that universal jurisdiction doesn’t exist–making it impossible to have individual enforcement–as noted by Nesrine Malik in The Guardian.

The ICC has hit a wall as South Africa appears to have allowed Omar al-Bashir leave the country, avoiding arrest. This international institution “will only be as relevant as the international community allows it to be,” according to Alex Whiting, a law professor at Harvard and former ICC prosecutor–quoted by Somini Sengupta in the NYT.

See Omar al-Bashir Case Shows International Criminal Court’s Limitations – The New York Times.

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