Botswana: Out on a Limb

Justice in Conflict just published an excellent piece on Botswana's role in promoting international justice. A recent African Union statement accusing the International Criminal Court of racist motivations struck yet another blow to the relationship between Africa and the court, and Botswana stood as the only dissenting voice.

Botswana President Ian Khama
source: skynews.com.au

The accusation follows the election of Uhuru Kenyatta and William Ruto, both under indictment by the ICC, to the presidency and vice-presidency of Kenya. This election means that two African heads of state--Kenyatta and Omar al-Bashir of Sudan--are under investigation by the court (though the Kenyan leaders are appearing voluntarily, unlike their Sudanese counterpart). Under this renewed political pressure, countries such as Malawi, who have been strong defenders of the court, joined in the majority statement. Even the Gambia, home country of ICC Chief Prosecutor Fatou Bensouda, voiced opposition to the court.

Botswana's support, given despite expected political backlash, is important. More countries, including those outside of Africa, need to stand against political pressure in support of an international judicial system and an end to impunity. Certainly, the AU's concerns should be addressed--the ICC must ensure that it is not unfairly targeting the continent. But international law cannot be held hostage by the same powerful actors it seeks to hold accountable.

Côte d'Ivoire Joins the Club, and Egypt Stirs

On February 15, Côte d'Ivoire ratified the Rome Statute of the International Criminal Court, setting itself up to become the ICC's 122nd State Party (to see the press release, click here). Côte d'Ivoire's decision, which comes barely two years after the country's election violence descended into civil war, marks a considerable shift in the government's position and a growing influence of civil society in Ivorian politics. Civil society organizations were instrumental in pushing the government to join the court, breaking months of political gridlock on the issue. And as the country's president Alassane Ouatarra said, the event "demonstrates the will of the Ivorian authorities to make Côte d’Ivoire a state of law where justice is the same for all."

Côte d'Ivoire's Representative to the UN deposits instrument of
ratification with Tiina Intelmann,  President of the ASP
-CICC

Côte d'Ivoire isn't the only country making moves to join the court. Egypt, free from the 30-year rule of Hosni Mubarak, has given signs of interest in joining the ICC. Egypt's National Committee for International Humanitarian Lm aw met this week to lay out a plan for accession to the Rome Statute. In a further sign of support, some Egyptian parties have begun to see indicted Sudanese President Omar al-Bashir as a liability, rather than an ally (article here).

The continued interest of the African region, which already boasts the highest number of ICC state parties (33), reassures the court's international supporters that the continent has not lost faith in the court's equity and its values, despite charges of an anti-Africa bias by indicted leaders such as Bashir and his allies.  This important development should not be underestimated. The court must continue to work with communities in Africa and elsewhere to ensure that the court remains.