Sovereign Immunity, the AU, and the ICC: Legitimacy Undermined

Abstract

This note examines how the International Criminal Court’s indictment of African leaders has led to a breakdown in the relationship between the Court and the African Union and offers solutions to repair this relationship. In particular, the ICC’s blanket rejection of sovereign immunity and its close relationship with the UNSC delegitimize the Court. As an organization that relies on the cooperation of states across the world, this is something the Court cannot afford. The ICC’s decade-long fight with the African Union over the disproportionate number of charges leveled against African nationals has weakened its stature with African states. This has led the AU to call for a mass withdrawal of African nations from the ICC and to propose the implementation of its own regional court to handle international matters. As a solution to repair its relationship with the AU, this note proposes that the Court sever or lessen its relationship with the United Nations Security Council, which causes it to be more political than its original mandate intended; return to the broad principles of justice that convinced African nations to sign the Rome Statute; and work with the legal and cultural institutions of the region to help foster cooperation among interested parties.