Karim Khan KC, Prosecutor of the International Criminal Court (ICC), has declared that the previously strained relations between the ICC and the African continent have been addressed and stabilized since he took office in 2021.
Khan made this assertion during the 3rd Eminent Public Lecture in International Criminal Justice at the Ghana Institute of Management and Public Administration (GIMPA), where he spoke on the theme: “Democracy, Elections and Impunity: International Criminal Justice as a Deterrent.”
Early ICC-Africa Relations
In his lecture, Khan reflected on the early collaboration between the ICC and African nations, particularly after the United Nations Security Council referred the situation in Darfur to the ICC in 2005.
He noted that initial cooperation from Sudan was promising, allowing the Office of the Prosecutor to conduct various investigative missions.
However, this relationship soured following the issuance of arrest warrants for high-profile figures, including former Sudanese President Omar Al-Bashir. Khan observed that these actions led to perceptions of the ICC as targeting African leaders, intensifying claims of anti-African bias.
The Prosecutor recalled that tensions peaked during the Kenya situation from 2010 to 2015, prompting discussions about potential withdrawals from the ICC by several African states.
He emphasized that this narrative overshadowed the important reality that many African nations had referred situations within their territories to the ICC for investigation.
Addressing Shortfalls
Khan acknowledged the challenges he faced in rebuilding relations since 2021, stating, “I am glad to say, with confidence, that relations are again in a helpful place.”
He underscored the need for collective commitment to the ICC’s mission, noting that international justice mechanisms are vital in a world increasingly characterized by division and a decline in accountability.
Domesticating the Rome Statute
Khan commended Ghana for its efforts to incorporate the Rome Statute into domestic law, which would enhance the country’s legal framework regarding war crimes and crimes against humanity.
He praised the initiative by Attorney General Godfred Yeboah Dame to present a bill to Parliament, reinforcing the importance of integrating international law into national legislation.
Visit to Ghana
Khan’s visit to Ghana, facilitated by GIMPA and the African Centre of International Criminal Justice (ACICJ), included meetings with key figures such as Chief Justice Justice Gertrude Sackey Torkornoo and President Nana Addo Dankwa Akufo-Addo.
During his time at GIMPA, he delivered the public lecture and engaged with law students in a special Q&A session.
ICC-ACICJ Agreement
A significant outcome of Khan’s visit was the reaffirmation of the memorandum of understanding between the ICC and the ACICJ. This partnership aims to enhance cooperation in the fight against impunity in Africa, promoting research, scholarship, and training in international criminal law.
The ACICJ, established following a successful conference in 2016, focuses on building knowledge about international criminal justice and the role of Africa within this framework.
It serves as a critical hub for education and information dissemination on issues related to the ICC and broader international justice.
Khan is set to depart Ghana on today October 16, 2024, leaving behind a strengthened commitment to improving relations between the ICC and African nations.
