Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-2 | Issue-05 | Sch Int J Law Crime Justice, 2019; 2(5): 110-117
Review Article
Criminal Responsibility of Heads of State under the Rome Statute: A Perspective on the Rift between the AU and ICC
James E. Archibong
Published : May 30, 2019
Abstract
Lately, there was a face-off between chieftains in Africa and the International Criminal Court (ICC) over the indictment sitting African heads of state. Former Sudanese leader Omar al Bashir and the President of Kenya and his Deputy were indicted by the ICC for crimes against humanity committed in their countries. Following their indictment, the African Union (AU) made a representation to the ICC to suspend their trials while their term in office subsisted. This request was turned down. A similar request was made to the Security Council and was also rejected. In response, the AU decided to stop any form of collaboration with the ICC. It argued that sitting heads of state enjoy immunity under customary international law. Against the backdrop of persistent gross human rights abuses in Africa and the inertia exhibited by the AU, this paper calls for continued cooperation of two institutions in the interest of the victims of these abuses and the progress of the continent.