INTRODUCTION

It has been argued that ‘no continent has paid more dearly than Africa for the absence of legitimate institutions of law and accountability, resulting in a culture of impunity’ (Mochochoko 2005: 249). On the contrary, this chapter illustrates the application of international criminal law in Africa prior and after the adoption of the Rome Statute of the International Criminal Court (ICC).

The ICC represents the idea that individuals who violate fundamental human rights must be held responsible. The body of laws that enables individuals to be prosecuted for such offences is called international criminal law (ICL), which provides a legal framework for the investigations, arrest, prosecution and punishment of such individuals nationally or internationally. It is crucial to investigate and assess the use of ICL as well as the incorporation of the Rome Statute crimes into national legal systems in Africa because the continent plays a vital role in ICL and justice generally. This has been made clear by the situations and cases before the ICC, the majority of which are based in Africa. The creation of a permanent ICC by a multilateral treaty was indeed a breakthrough, as it provides a forum for ensuring persons suspected of committing international crimes are held accountable. Focusing on selected countries, the chapter traces instances when national courts of African states have either attempted to investigate and prosecute international crimes or have successfully investigated, charged and prosecuted individuals for offences within the ICC's jurisdiction. This is done by first examining the notion of jurisdiction of states as sovereign entities in the context of prosecuting international crimes. It then considers the principle of complementarity under the Rome Statute framework. Thereafter, a synopsis of how African states have implemented ICL is provided and, finally, examples of how states have incorporated the Rome Statute are considered. The contention is that more needs to be done than merely the incorporation and training of a few state representatives or governments officials in order to comply with the international obligations. Addressing the culture of impunity demands that sensitisation occurs from a grassroots level and ensures that ordinary people appreciate the need to make sure every person suspected of committing international crimes is held accountable before the national courts.