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"The greatest global challenges facing the Court: from Africa, Gaza and Afghanistan to dealing with the hypocrisy of the UN Security Council" [2019] ELECD 1019; in Mendes, P. Errol (ed), "Peace and Justice at the International Criminal Court" (Edward Elgar Publishing, 2019) 195

Book Title: Peace and Justice at the International Criminal Court

Editor(s): Mendes, P. Errol

Publisher: Edward Elgar Publishing

Section: Chapter 6

Section Title: The greatest global challenges facing the Court: from Africa, Gaza and Afghanistan to dealing with the hypocrisy of the UN Security Council

Number of pages: 36

Abstract/Description:

Regarding the greatest global challenges facing the Court the chapter focuses on the unfounded allegation by African states and the African Union of bias against Africa and improperly prosecuting African leaders. The withdrawals of some African states and the unsuccessful attempt by the African Union to cause a mass withdrawal of African member states continues to be a potential threat to the Court. Likewise, the preliminary examination of the situations in Gaza and Afghanistan could lead to an investigation and prosecution of Israeli, Palestinian and possibly US military officials for serious crimes. The chapter details how the Court can develop a prosecution strategy that prevents a major backlash against the Court by the most powerful non-member states. The chapter describes how the UN Security Council refers major situations to the Court and then fails to provide essential support, including failure to assist with bringing indicted persons before the Court.