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Summary

The International Criminal Court (ICC), established in 2002, has to-date initiated investigations exclusively in Sub-Saharan Africa. The ICC Prosecutor has opened cases against 16 individuals for alleged crimes in northern Uganda, the Democratic Republic of Congo, the Central African Republic, and the Darfur region of Sudan. In addition, the Prosecutor is analyzing situationsa preliminary step toward initiating a full investigationin Kenya, Cte dIvoire, and Chad, as well as in Colombia, Afghanistan, and Georgia. Recent congressional interest in the work of the ICC in Africa has arisen from concern over gross human rights violations on the African continent and beyond. On March 4, 2009, ICC judges issued an arrest warrant for Sudanese President Omar Hassan al-Bashir for war crimes and crimes against humanity. The case against Bashir represents the first attempt by the ICC to prosecute a sitting head of state. The prosecution has drawn praise from human rights advocates as a step toward ending impunity for serious human rights abuses in Africa. However, it also has raised concerns that ICC actions could endanger peace processes in Darfur and southern Sudan. Additional fears that the ICC could imperil international humanitarian operations in Sudan were heightened when the Sudanese government responded to the warrant by expelling international relief agencies. Unlike the three other African countries under ICC investigation, Sudan is not a party to the ICC; instead, the ICC was granted jurisdiction over Darfur through a United Nations Security Council resolution in March 2005. The United States, as a member of the Security Council, may influence the ICCs actions. Obama Administration officials have expressed support for the prosecution of perpetrators of atrocities in Darfur and have suggested that Bashir should face the accusations against him. Legislation before the 111th Congress references the ICC warrant against Bashir and, more broadly, U.S. government support for ICC prosecutions. Four suspects in other ICC investigations are currently in ICC custody, pending trial. Three are alleged leaders of Congolese militias, and the fourth is a former Congolese rebel leader, transitional vice president, and senator and who is accused of overseeing war crimes in neighboring Central African Republic. Additionally, a Darfur rebel leader summoned by ICC judges voluntarily appeared before the Court in May. This report provides background on ICC investigations in Africa and gives an overview of cases currently before the Court. The report also examines issues raised by the ICCs actions in Africa, including the ICCs possible role in deterring future abuses and the potential impact of international criminal prosecutions on peace processes, ongoing in many countries on the continent. In-depth background on U.S. policy toward the ICC can be found in CRS Report RL31495, U.S. Policy Regarding the International Criminal Court (ICC), by Jennifer K. Elsea.

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