The ICC-African union relationship: in the interest of justice, or a continuation of politics by other means?

This thesis examines the evolving relationship between the African Union (AU) and the International Criminal Court (ICC), with a specific focus on issues of head of state immunity, sovereignty, and the principle of complementarity. The study centers on ICC interventions in African countries with weak judicial systems, specifically Uganda, the Democratic Republic of the Congo, Sudan, and Kenya, while also addressing the AU’s growing pushback against the ICC's focus on African leaders. Key themes explored are the principle of complementarity, the legal and political tensions surrounding head of state immunity, and the AU’s demands for reforms. The research adopts a qualitative methodology, utilizing document analysis and case studies to explore the effectiveness of ICC interventions and the capacity of African states to prosecute international crimes domestically. The study analyzes developments including the domestic prosecution of Thomas Kwoyelo for international crimes in Uganda and the African Union's ongoing demand for ICC reforms. It also provides comparative insights through a focus on African justice mechanisms by examining the domestic prosecution of Thomas Kwoyelo in Uganda alongside ICC interventions in Sudan and Kenya, particularly the proceedings before charges against Ruto and Kenyatta were withdrawn. In Uganda, Thomas Kwoyelo, a former commander of the Lord's Resistance Army (LRA), was convicted by the International Crimes Division of the High Court for multiple war crimes and crimes against humanity committed between 1993 and 2005. In Kenya, the ICC initiated cases against President Uhuru Kenyatta and Deputy President William Ruto for their alleged roles in the 2007-2008 post-election violence. However, the charges were eventually withdrawn due to insufficient evidence and concerns over witness interference. Grounded in theories of sovereignty, complementarity and human rights, the research aims to contribute to policy discussions on enhancing the ICC's role in delivering justice while respecting state sovereignty, ultimately offering recommendations to strengthen the international judicial system.

Grantor dc:publisher.institution

University of the Western Cape

Year dc:date.issued

2026

Author dc:creator

• Karikari, Kwaku Agyemang

• International Criminal Court
• Interventions
• African states
• weak judicial systems
• complementarity

Licence

• https://uwcscholar.uwc.ac.za/bitstreams/55b1b82c-22f2-4a91-831d-46d9f2e5175b/download