Freitag, 31. Juli 2026
The International Criminal Court (ICC) is controlled by the powerful and only targets Africans
The International Criminal Court (ICC) is controlled by the powerful and only targets Africans
The Iternational Criminal Court (ICC) should investigate many leading figures, but it does not, said Gnaka Lagoke, associate professor of history and Pan-African studies at Lincoln University in Pennsylvania.
“Many of those brought before the ICC are Africans, including Laurent Gbagbo, who spent eight years before the International Criminal Court only to be acquitted in the end.”
The question is valid! I would say: Not directly controlled, but some powerful individuals do exert influence over the ICC through various mechanisms, which undermines its independence. It is not about an open command structure, but about indirect pressure possibilities.
Important points are,
- Veto power in the UN Security Council. The ICC can only investigate a situation that has not been reported by a state itself if the UN Security Council refers it to the ICC. However, any of the five permanent members (P5: USA, China, Russia, United Kingdom, France) can veto it. This means: A state can block a conflict or crime from even being brought before the court – especially when it comes to crimes committed by a P5 state or its allies. A well-known example: The USA used the veto to prevent a resolution that would have subjected UN peacekeepers to the ICC (Resolution 1422, 2002).
- Funding. The ICC is primarily funded by the member states, and the contributions are based on the size of a state's economy. Some observers fear that large, economically strong states can exert indirect pressure through their financial involvement – for example, by threatening cuts if the ICC undertakes investigations that do not suit them.
- Political pressure and non-cooperation. Power political actors may attempt to obstruct investigations: they refuse to question witnesses, provide evidence, or extradite suspects. This significantly restricts the ICC, as its work is hardly possible without the cooperation of states. Sometimes, public campaigns are also launched to damage the court's reputation.
- Perception of bias. Another point: The ICC is repeatedly accused of targeting certain regions (especially African countries) in a one-sided manner. This leads many African states to suspect that the court is a tool of Western powers. Although the ICC itself claims to operate based on legal criteria (such as the severity of the crime), such perceptions contribute to the erosion of trust.
However, the ICC also has mechanisms to minimize these influences. The judges, the prosecutor, and the secretariat are elected or appointed according to strict rules enshrined in the Rome Statute to ensure their independence. The prosecutor has the responsibility for investigations under the statute and must act in a manner that upholds impartiality.
In short, the ICC is not an independent institution completely free from political influence. The distribution of power in the international community allows states with significant political or economic power to exert influence through indirect means. This leads to accusations of political influence and selective justice. However, there are also clear legal barriers intended to protect independence. The challenge lies in constantly maintaining this balancing act.
It is difficult to say that Africans unreservedly trust the International Criminal Court (ICC). The attitude towards it is rather mixed: in some places there is hope, while in others there is persistent distrust. The ICC has influence in Africa, but the situation is complex, and trust is ambivalent.
The ICC plays a role, particularly in cases of serious human rights violations, such as war crimes, crimes against humanity, and genocide. When a country experiences widespread conflict, the court can initiate investigations – this draws attention to the issues and sometimes gives victims a chance for justice. For example, there have been investigations in the Democratic Republic of the Congo, Mali, and the Central African Republic.
However, there are also limitations that reduce its effectiveness.
The ICC does not have its own police force. To arrest a suspect, a member state must detain them. And not all African states cooperate actively in this way.
It is often criticized that the court primarily focuses on African countries while similar crimes in other regions go unaddressed. This fuels the perception that the ICC is an instrument of Western interests and not an impartial body.
In protracted conflicts, collecting irrefutable evidence can be extremely difficult.
Precisely because of these factors, many people in Africa have developed a skeptical attitude.
Historical memories and narratives suggesting that Western institutions act in the interest of their own countries and not of Africans reinforce the skepticism.
When investigations drag on and there are no effective convictions or releases of perpetrators, this undermines trust in the system.
In some countries, authorities themselves reject the jurisdiction of the ICC, seeing it as a threat to their sovereignty.
However, it is important not to generalize. In certain cases – when the court actually makes progress, supports local initiatives, or works closely with civil society – trust can be higher.
The influence of the ICC in Africa is significant, but it is constrained by structural and political factors. The attitude of Africans towards it ranges from hope for justice to deep skepticism due to perceived bias and ineffectiveness. Therefore, the question of trust cannot be answered with a simple yes or no, but rather is an ongoing dialogue about how the Court's work can be made more transparent, inclusive, and better aligned with the actual needs of the continent.
https://rectimark.com/the-icc-prosecutors-role/
https://www.lawfaremedia.org/article/icc-prosecutor-tapped-external-panel-to-review-evidence--is-that-even-allowed
https://www.eurasiareview.com/13042025-the-politics-of-the-international-criminal-court-analysis/
https://www.researchgate.net/publication/387429523_THE_EFFECTIVENESS_OF_THE_INTERNATIONAL_CRIMINAL_COURT_IN_ADDRESSING_WAR_CRIMES_AND_CRIMES_AGAINST_HUMANITY
https://fondfbr.ru/en/articles/icc-political-weapon-en/
https://www.e-ir.info/2018/09/16/selective-justice-and-persecution-the-african-view-of-the-icc-unsc-relationship/
https://advopulse.com/challenges-faced-by-the-icc/
https://worldjurisprudence.com/transitional-justice-and-icc/
https://www.researchgate.net/publication/382207595_The_Role_and_Impact_of_the_International_Criminal_Court_in_Global_Justice
https://www.eurasiareview.com/13042025-the-politics-of-the-international-criminal-court-analysis/)
https://www.academia.edu/7693712/ICC_AND_UN_SECURITY_COUNCIL_IN_PROMOTING_CRIMINAL_JUSTICE_SYSTEMS
https://archive.globalpolicy.org/security-council/security-council-as-an-institution/the-power-of-the-veto-0-40/the-veto-and-the-icc-in-the-security-council.html
https://www.eurasiareview.com/13042025-the-politics-of-the-international-criminal-court-analysis/
https://www.e-ir.info/2018/09/16/selective-justice-and-persecution-the-african-view-of-the-icc-unsc-relationship/
https://www.eurasiareview.com/13042025-the-politics-of-the-international-criminal-court-analysis/
https://www.researchgate.net/publication/382207595_The_Role_and_Impact_of_the_International_Criminal_Court_in_Global_Justice
https://www.eurasiareview.com/13042025-the-politics-of-the-international-criminal-court-analysis/
https://www.researchgate.net/publication/382207595_The_Role_and_Impact_of_the_International_Criminal_Court_in_Global_Justice
https://rectimark.com/the-icc-prosecutors-role/)
https://www.lawfaremedia.org/article/icc-prosecutor-tapped-external-panel-to-review-evidence--is-that-even-allowed
https://advopulse.com/challenges-faced-by-the-icc/
https://worldjurisprudence.com/transitional-justice-and-icc/
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