Legal Groups Say Africa Should Not Create Its Own War Crimes Court

ADDIS ABABA, Ethiopia—Extending the jurisdiction of the African Court on Human and Peoples' Rights to cover international crimes would undermine justice and accountability on the continent, eight human rights organizations said in a submission to the African Union this week.

"Africa does not need, nor can it afford, a regional criminal court," said Don Deya, chief executive of the East African Law Society and chair of the Coalition for and Effective African Court on Human and Peoples' Rights. "Creating a regional war crimes court would only diminish Africa's voice and authority in the governance of the International Criminal Court."

In February 2009, in response to credible concerns about the International Criminal Court's current focus on Africa, a summit of the African Union adopted a decision to explore the implications of expanding the jurisdiction of the African Court on Human and Peoples' Rights to try international crimes such as genocide, crimes against humanity, and war crimes.

"Too many African countries already refuse to co-operate with existing regional courts of justice and refuse to comply with their decisions," said Chidi Anselm Odinkalu with the Open Society Justice Initiative. "Creating another regional body could further impunity and hinder our drive for justice."

According to the submission, most African countries have failed to comply with the decisions of the regional courts already in existence. In September 2009, Zimbabwe announced withdrawal from the jurisdiction of the South African Development Community Tribunal in an apparent bid by the country to avoid two judgments passed against it. Similarly, The Gambia has failed repeatedly to comply with decisions of the ECOWAS Court of Justice. In June 2009, the president of Niger abolished the Constitutional Court after it ruled against the president's plans to extend his tenure in office.  

If the African Union chooses to extend the jurisdiction of the African Court on Human and Peoples' Rights to cover individual criminal liability for international crimes, any such revision must not compromise state accountability for human rights abuses, and must be compatible with the United Nations Charter and, by implication, the Rome Statute of the International Criminal Court, the groups said.

The opinion was submitted to the African Union by the Coalition for an Effective African Court on Human and Peoples' Rights, the Darfur Consortium, the East African Law Society, the International Criminal Law Centre, the Open University of Tanzania, the Open Society Justice Initiative, the Pan-African Lawyers Union, the Southern Africa Litigation Centre, and the West African Bar Association. It is available for download below.

Need help downloading a file or playing a clip? Click here.