RL34665
International Criminal Court Cases in Africa: Status and Policy Issues
September 12, 2008
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Summary
The International Criminal Court (ICC), which was established in 2002, has todate initiated investigations exclusively in Sub-Saharan Africa. The ICC Prosecutor has opened cases against 12 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 situations -- a preliminary step toward initiating a full investigation -- in C�te d'Ivoire, Kenya, 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 continent. Legislation before the 110th Congress references the ICC with respect to several ongoing African conflicts, including those in northern Uganda, the Democratic Republic of Congo, and the Darfur region of Sudan. On July 14, 2008, the ICC Prosecutor requested a warrant for the arrest of Sudanese President Omar Hassan al-Bashir, accusing him of genocide, crimes against humanity, and war crimes in Darfur. The request, which awaits a decision by a panel of ICC judges, represents the first attempt by the ICC to prosecute a sitting head of state, and the first ICC case to cite the crime of genocide. Although the Prosecutor's action has drawn praise from human rights advocates, it also has raised fears that ICC actions in Sudan could threaten ongoing peace processes in Darfur and southern Sudan or endanger international humanitarian and peacekeeping operations. 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, can influence the ICC's actions. The Bush Administration, which holds the Sudanese government responsible for genocide, has sought to balance its strong opposition to the ICC with its policy on alleged crimes in Darfur. 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 vice president, senator, and former rebel leader who is accused of crimes committed in neighboring Central African Republic. 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 ICC's actions in Africa, including the ICC's 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, by Jennifer K. Elsea. Further background on Sudan and an analysis of U.S. policy options can be found in CRS Report RL33574, Sudan: The Crisis in Darfur and Status of the NorthSouth Peace Agreement, by Ted Dagne. This report may be updated as events warrant.
