The African Allegations towards Ignorance of International Criminal Court: Does International Criminal Court unfairly focusing on Africa?

Though, African continent has the highest number of state parties to the Rome Statute, recently several criticisms and allegations have been leveled against ICC interventions in Africa. AU and African higher official apparently call for non-cooperation of ICC. They believed that, ICC is unfairly targeting Africa and Africans, and it is a neo-colonial plaything and that Africa has been a place to experiment with their ideas. Such allegation begs question that is really the ICC unfairly focusing Africa and Africans? Therefore, it needs evaluating these accusations by considering the whole process and function of ICC. Accordingly, when we evaluate the allegations, it seems too far from trues. Because, on one hand, many of allegation and criticism itself is not representative of African peoples rather it is the allegation of some African political leaders of authoritarian nature of power those who fears the prosecution for the commission of mass crime and atrocities in their respective countries. On other hand the composition of the court by itself is Africans. It is a global court with historically strong African support. It would not be the court it is today without the valuable input, involvement and support of the majority of African states. The court seeks justice for victims of grave crimes, including African victims; it needs the ongoing support of African government, civil society and public in order to achieve justice. It was intended to be a credible, independent judicial body, able to adjudicate the most serious of international crimes fairly and impartially, where National judicial systems have failed and fight against impunity all over the world.


Introduction
The research reveals that, out of 122 member states of International criminal court, Africa constitutes 34 members (Note 1). This shows that the African continent has the highest number of state parties to the Rome Statute and has played a fundamental role in solidifying up the Rome Statute system over the years. The expectation is that, these high numbers inevitably translate into incredible support for the Court in Africa. The reality, however, is that there is an escalating trend of disharmony between Africa and the ICC. The African Union has become increasingly hostile towards the International Criminal Court, particularly in the wake of the ICC arrest warrant for Sudanese President Omar al-Bashir (Note 2), and up on the investigation started on the alleged commission of crime against humanity in Kenya.
The AU has passed resolutions calling for non-cooperation with the ICC in the arrest and surrender of heads of states and has also called for the withdrawal of the Kenyan cases from the ICC by reasoning that, ICC is unfairly targeting on Africa and Africans. (Note 3) Such allegation spreads and became famous among many African politician and head of states. This in turn leads to black shedding the International criminal courts at the level of African union organization.
Accordingly at the start of a special African Union (AU) meeting to discuss a possible pull-out of the ICC, a senior African Union official criticized ICC as it is treating Africa unfairly. Senior officials and high ranked African union Official continued to accusing International criminal court. For instance, Tedros Adhanom Ghebre yesus who is the then chairman of the AU's Executive Council and Ethiopian Foreign Minister said that, the court was unfairly targeting Africa and Africans; it was condescending towards the continent (Note 4). As these arguments are supported by many Africans, it is also objected by some observers that, AU's concern lies mainly in shielding heads of state from liability for international crimes rather than in favour of justice for victims and deterring future crimes (Note 5). So, this Article is aims to evaluate and analysis whether The ICC is unfairly targeting on African and Africans as allegedly aggrieved by African leaders and AU.

Methodology of the Study
In this study the Author mainly aimed to evaluate the validity of these allegations brought against International criminal Court. Therefore, doctrinal methodology of study was primarily used. The study has attempted to review and consult relevant literature especially, an academic literature; books, journals, articles, Reports, recommendations, General comments, Cases and other legal documents were employed as secondary sources. In doing this I divided this article into different topics and sub-topics. 1stly analyzing the establishment and function of ICC, 2ndly discuss some allegations against ICC, 3rdly Evaluate the validity of these allegations and lastly I will put my concluding remarks.

What is International Criminal Court (ICC)?
An International Criminal Court (ICC) is a judicial organ which functions at the international level and tried the heinous international crime. It is established under auspices of United Nation. It is a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in Rome Statute, and shall be complementary to national criminal jurisdictions (Note 6). The International Criminal Court was intended to be a credible, independent judicial body, able to adjudicate the most serious of international crimes fairly and impartially, where national judicial systems have failed. From the very beginning International criminal court was not aimed to target specific region, group or nations, rather perpetrator of serious crime of international concern to maintain international peace and order.
The jurisdiction and functioning of the Court shall be governed by the provisions of Rome Statute. It tries the heinous international crimes such as crimes of genocide, crimes against humanity, crimes of aggression and war crimes according to Article (5,6,7 & 8) of Rome statutes.

Establishment and Function of International Criminal Court (ICC)
The ICC was established in 1998 to help end impunity for the perpetrators of the most serious crimes of concern to the international community, including genocide, war crimes, and crimes against humanity.
It investigates heinous international crimes from the signatory and voluntary or non-signatory states. This clearly reveals that Immunity cannot be a defense under international criminal court in which AU insists on to non-cooperation of ICC in case of arrest warrants of head of states including Al-Bashir.
And also ICC is not court of absolute jurisdiction at any and every where without restrictions; it has done only according to Rome statutes basing its jurisdiction and power accordingly.

African Allegations against International Criminal Court (ICC)
Hearing the African voice against the international criminal court is not new. Most of African leaders were accusing the ICC as established merely for hunting Africa and Africans. The criticism against ICC transformed from individual accusation to collective accusation at organizational level. The cumulative language of various African Union (AU) Assembly decisions especially from 2009 (all of which were specifically reaffirmed in the May 2013 decision) and most of African leaders clearly suggests that the organization is becoming more stuck in its belief that the ICC process is selective, skewed, biased, and even condescending, western weapon neo-colonialism towards Africa. Moreover, official statements by the representatives of the organization (the then chair of the AU, the prime minister of Ethiopia, Hailemariay Desalegniand the AU commissioner for peace and security) contain serious charges that the ICC is targeting Africans and engaging in race hunting. (Note 8) Such allegations become increasing among African leaders throughout the time. Even most young leaders be come dominated by these accusations at organizational level.
During the summit itself, some leaders reportedly expressed the view that, despite its name, the ICC has ceased to be international and has become a Western court targeting Africans. These strong sentiments echo the words of former AU Commission chairperson, Jean Ping, who suggested to journalists, at the AU summit in 2009, that the court is a 'neo-colonial plaything and that Africa has been a place to experiment with their ideas. He accused the ICC of ignoring crimes in other parts of the world: 'In which its application is only confined to Africa. (Note 9) They believed that the court has no power on western super power state, rather on Africa. George W. Bush of America and Tony Blaire of Britain do not brought before the ICC for crime they committed in Iraq and Afghanistan and the ICC by itself did not try to do that.

What is Triggers Allegation?
This allegation has break out on certain occasion of court activities. As I have try to discussed earlier, A that the issuance of the arrest warrant was an impediment to the organization's regional efforts to foster peace and reconciliation processes in Sudan. And that the ICC failed to appreciate the effect that its actions were having on these efforts. Secondly, diplomatic umbrage was taken over the indictment of a sitting head of state, which sparked a debate over whether the Rome Statute can legitimately extinguish diplomatic immunity instates that are not parties to it, such as Sudan. (Note 15) In the subsequent sup-topics, I will try to discuss some African allegations toward international criminal court.

The Allegation That, ICC is Weapon of the West
As we have observed, one of the allegation perceived is that, the court as weapon of the west and They strongly alleged that, the ICC has disregarded peace as a priority in cases, focusing exclusively on justice by indicting individuals, which reduces the diplomatic leeway and drives those indicted towards a bunker mentality. The result then may be the conflict goes on longer and more crimes are committed.
Peace and preventing future crimes should come before justice for past crimes. However, there isn't such a balancing act-without justice there cannot be peace as it is simply likely to lead to attempts at retribution or vigilante justice. Justice is a universal value, an end in itself. It is not something that can be given away as bargaining goods.

Allegation against ICC as Race Hunting
The African Union (AU) has accused the International Criminal Court (ICC) of "hunting" Africans because of their race. They belied that, the court is hunting African only instead of extending its "African leaders were concerned that out of those indicted by the ICC, 99% are Africans (Note 18). They alleged that, The ICC had been formed more than a decade ago to end the culture of impunity, but now the process has degenerated into some kind of race hunting, they declare as something is flawed within the system of the ICC which bent it to race hunting only Africa and Africans." This clearly shows that there are deep allegations against ICC especially by different AU leader from time to time. Even they have been leveling criticism against individual persons, the former ICC prosecutor, and Moreno campo as he personally hated African leaders and organizations.

The Allegation that, ICC Undermines the Africans Peace Process
It is obvious that, African and Africans insists on their cultures. Their culture of dispute resolution and peace process is not by judiciary only, they believed more to reconciliation, arbitration and other ritual and cultural peace value process for the century. For Africa and Africans, court adjudication is the recent phenomena. They do not believe court adjudication than their cultural value for peace process.
Accordingly, they are stickier to their culture, shared value than justice, and believe that justice would become achieved through peace process. These suggestions ultimately arise from a preference expressed by the AU for African solutions to African problems, and they believe that in particular for African peace efforts on the continent not to be undermined by the ICC believing that ICC may devalue their culture and their everlasting cultural peace process. Accordingly it is deemed to be necessary for them to focus in some detail on the call by the AU for the ICC and/or the Security Council to give peace a chance.

Evaluating allegations of African against International Criminal Court (ICC)
As I have tried to discuss earlier, several criticisms have been leveled against ICC interventions in On the other hand, there area situations which may demonstrate the prevalence of international crimes in the region, because of many international crime has been committed in the region by higher officials of political leaders in which the national courts has no ability to prosecute them. For instance, the Ethiopian former spy chief Ato Getacho Aseffa has been suspected for crimes against humanity he has committed even the attempt assassination of Ethiopian Prime Minister, Abiyi Ahimed. The Ethiopian court issued arrest warrant. But the government of Ethiopia unable to arrest him and brought before the court till now. In such circumstance, the intervention of ICC is fair. Moreover to evaluate these allegations, in the following sub-topics, I will try to discuss and evaluate even the credibility of allegation, about composition of the court, the fair bent of pivotal of ICC and about self-referral.

No Credibility of Allegation: Does Allegation by Leaders or African Leoples?
As we have so far discussed, undeniably, Africa allegedly criticizing ICC as unfairly targets Africa and Africans. However, the point worth mentioning here is that, does this criticism by African peoples as a whole or some African dictator ships those who in fear of prosecution for the mass crime they committed? This is very crucial issue. Because, identifying "the allegations by whom?" is helping us to know whether really African peoples are not interested to the operation of ICC or not. When we look into different literature, summit discussion, and conference minutes, undeniably, the allegation is pressing by African leaders, not by peoples as general. African scholars, activist, human rights professionals and others are supporting the activities of ICC. For instance five rounds of surveys were conducted by Afro barometer on democracy, governance, economic conditions, and related issues across more than 30 countries in Africa between 1999 and 2013, reveals that, Allegation is not conclusive; it is pressed by only certain groups of African political leaders and authoritarian government. (Note 21) Moreover, Comparative data from Afro barometer demonstrates that African publics regard the legal impunity of political leaders as a problem throughout the continent. The data reveal that, on average56% of African citizens believe that officials always go unpunished.
This clearly shows that, allegation by itself is not representative of African peoples rather it is the allegation of some African political leaders of authoritarian nature of power those who fears the prosecution for the commission of mass crime and atrocities in their respective countries. This manifests that since the allegations are inconclusive, it is not credible, rather than simply a manifestations of some individual leaders.

The International Criminal Court (ICC) Is for Africa and by Africans
The allegation that, ICC is western court of neo-colonial weapon is far from truth. It is only by ignoring the history of the court's creation and the serious engaged involvement of African states in that history that one can assert that the ICC is a western court. Moreover, the suggestions that the court is a western creation, or anti-African, must defeat the overwhelming evidence of African involvement in the court.
In other hand, when we see composition of the judges of International criminal court and office of  including the goal of ridding the continent of its deserved reputation as a collage of despots, crackpots and hotspots where impunity for too long has followed serious human rights violations (Note 23).
Undeniably this reveals that, the court higher positions are hold by Africans which is unlikely that, those African origin judges are unfairly targeting Africa and Africans. Hence, on this regard the allegation directed against the ICC is not hold water rather mere rhetoric.

Pivotal of International Criminal Court (ICC) Fairly Bent on Africa
Undeniably, many cases ongoing in ICC are an African matters. It may come to someone's mind that, why many cases are African matters, in which it leads to the perception of unfair targeting. But the reality is the opposite. In the past decade alone, millions of Africans have lost their lives in conflicts and have been the target of war crimes, crimes against humanity, and, in some cases, genocide against them by their own leaders. There are also more than 5 million African victims displaced, more than fourty thousands (40 000) African victims killed, hundreds of thousands of African victims transformed into killers and rapists, thousands of African victims raped (Note 24). There are a preponderance of conflicts in Africa which in turn are reasonable explanations for the fact that all the active situations before the ICC are in Africa and as the biggest regional bloc of states. The government has no interest to overcome the situation and the national court has no power to see the cases and punish those perpetrators. Hence, by attempting to punish those responsible for these crimes, the Court is standing up for African victims and endeavoring to prevent the future occurrence of atrocities. In doing this the chances of cases being generated from Africa are high.
On the other hands, the crime was committed by higher official in whom the national court has no power to prosecute them; as well they did not want to prosecute them more than western state.

Conclusions
Though, African continent has the highest number of state parties to the Rome Statute and has played a fundamental role in firming up the Rome Statute system over the years, recently several criticisms and allegations have been leveled against ICC interventions in Africa. But when we evaluate the allegations, it seems too far from trues. Because, on one hand, many of allegation and criticism itself is not representative of African peoples rather it is the allegation of some African political leaders of authoritarian nature of power those who fears the prosecution for the commission of mass crime and atrocities in their respective countries. On other hand, the word ''peace'' which African leaders and AU sing for is absurd. Because, without justice there cannot be peace as it is simply likely to lead to attempts at retribution or vigilante justice. Justice is a universal value, an end in itself. It is not something that can be given away as a bargaining cheap. The court is Africa and by African. As the same talken, the court higher positions are hold by Africans which is unlikely that, those African origin judges and prosecutor are unfairly targeting Africa and Africans.
The ICC is not western court unfairly focusing on Africa as of said. It is a global court with historically strong African support. It would not be the court it is today without the valuable input, involvement and support of the majority of African states. The court seeks justice for victims of grave crimes, including African victims; it needs the ongoing support of African government, civil society and public in order to achieve justice. The International Criminal Court was intended to be a credible, independent judicial body, able to adjudicate the most serious of international crimes fairly and impartially, where National