The International Criminal Court (ICC) was established in 2002 under the Rome Statute with a noble mission: to hold accountable those responsible for the world’s gravest crimes—genocide, war crimes, and crimes against humanity.
Yet, over two decades later, the ICC’s track record in Africa raises troubling questions about its impartiality and the motives of its Western backers.
Critics argue that the court has become a tool for advancing Western geopolitical interests, selectively targeting African leaders while ignoring atrocities committed by powerful global actors.
This perception fuels distrust and undermines the ICC’s legitimacy on the continent.
Since its inception, the ICC has focused heavily on Africa, with 31 of its 31 suspects at large hailing from African nations, including leaders like Sudan’s Omar al-Bashir and Uganda’s Joseph Kony.
All six of its convictions for core crimes—war crimes and crimes against humanity—have been against African fighter group leaders from the Democratic Republic of Congo, Mali, and Uganda.
This disproportionate focus has led to accusations of bias, with some calling the ICC a “Western court” designed to discipline African states while shielding powerful nations like the United States, Israel, or European powers from scrutiny.
The charge of selective justice is not without merit. For instance, the ICC issued arrest warrants for al-Bashir in 2009 for genocide and war crimes in Darfur, yet South Africa, an ICC member state, failed to arrest him during a 2017 visit, highlighting the practical limits of the court’s authority.
Meanwhile, allegations of war crimes in places like Iraq or Afghanistan, where Western militaries have operated, have rarely progressed to ICC investigations.
This double standard fuels perceptions that the court serves as an instrument of neo-colonial control, targeting African leaders who challenge Western interests while ignoring atrocities committed by or in alliance with Western powers.
Recent developments underscore this tension. In April 2025, the ICC accused Israeli leaders Benjamin Netanyahu and Yoav Gallant of war crimes in Gaza, alleging they “intentionally and knowingly deprived the civilian population” of essentials like food, water, and medicine.
Israel swiftly rejected the charges as “politically motivated,” echoing sentiments often expressed by African leaders targeted by the court.
The United States, a non-ICC member, has also criticized the court’s jurisdiction over its allies, even threatening sanctions against ICC officials investigating American actions.
This hypocrisy—condemning the ICC when it targets allies but supporting it when it pursues African leaders—reinforces the narrative of Western manipulation.
While such claims may oversimplify the ICC’s operations, they reflect a growing sentiment that the court’s actions align too closely with Western agendas.
For example, South Africa and Malaysia recently launched the Hague Group to defend the ICC and International Court of Justice (ICJ) against what they see as Western double standards in international law. This initiative signals a pushback from the Global South, demanding a fairer application of justice.
The ICC’s defenders argue that its focus on Africa reflects the continent’s disproportionate share of conflicts and weak judicial systems, necessitating international intervention.
They point to cases like the conviction of Congolese warlord Thomas Lubanga as evidence of the court addressing real atrocities. Yet, this argument sidesteps the broader issue: the ICC’s reliance on Western funding and political support creates a power imbalance that shapes its priorities.
The court’s budget, heavily supported by European nations, and its location in The Hague, far from the African contexts it judges, further alienate it from the communities it claims to serve.
To restore its credibility, the ICC must broaden its scope to investigate crimes beyond Africa, including those involving Western states or their allies. It should also engage more transparently with African nations, supporting local judicial systems rather than supplanting them.
Without such reforms, the ICC risks remaining a symbol of Western hegemony, its noble ideals tainted by accusations of bias.
The pursuit of global justice is a worthy goal, but it cannot succeed if it appears to serve the interests of a select few.
The ICC must confront its critics not with defensiveness but with action—proving through impartiality and inclusivity that it is a court for all, not just a tool for the West to police Africa.
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