Why to Retain Membership of the International Criminal Court? Victim-oriented Considerations

Abstract

Among internationalcriminal tribunals(ICTs), the International Criminal Court (ICC)for the first time introduced victim participation and reparationsfor victims. Against potential African withdrawals from the ICC-Statute, this articleseeks to demonstrate the need toretain membership of the ICC under victim-oriented considerations. Despite its deficits and limitations,the ICC isarguablyan important judicial forum for victims of mass atrocities committed in Africaforthree arguments.First, human rights are invoked as a standard to examine thelegitimacy of the decisions of the ICC, African Union (AU), and African states. Second, international and African regional human rights law on victim rightsbindsAfrican states. Third, since AU regionalcriminaljustice initiatives present important deficits and limitations in terms of victim rights, they are unfit to replace the ICC.