Spotlight on... Africa
Background: steps toward regional integration in Africa
Media outlets suggested that the African Union (AU) had approved a “mass withdrawal” strategy from the Rome Statute and consequently from the International Criminal Court (ICC). However, it is not quite the case.
During the 28th Ordinary Session of the Assembly of the Union, AU members have indeed discussed their participation to the ICC regarding the indictment of the Sudanese President Al-Bashir, who had been accused of committing various crimes against humanity, war crimes and genocide. While observers interpreted it as rejection of the AU’s commitment to the Rome Statute, the discussion instead focused on the importance of exploring every single available legal resource at the regional level within the AU before referring any abuse to the ICC, as enshrined in Article 23 (2) of the Constitutive Act of the African Union.
African states parties to the Rome Statute are not curtailing the efficacy of the Court; they are instead reaffirming their willingness to pursue an increasingly regional integration of justice systems by empowering the African Court of Justice. The Resolution drafted during the last meeting of the AU Assembly is a clear appeal to AU States to invest their political efforts in reinforcing regional cooperation for judicial matters just like the European Union did with its own Court. Furthermore, the AU’s position toward regional integration must be also understood in the context of the recent ECOWAS regional intervention in Gambia, which successfully dissuaded former President Jammeh to undermine the results of the democratic elections.
Impact on investors
A more efficient African Court could be beneficial for potential investors as it could lead to a homogenisation of the chaotically diverse legal systems in Africa and therefore facilitate investments in the region. In addition, it could make the fight against widespread corruption and the informal economy more effective. It could also mean a further step toward regional economic integration as the legal mechanisms for the creation of an African common market could be set.
This idea of an African Common Market is not new. The Common Market for Eastern and Southern Area (COMESA) was established in 1993 and had been pursued as a goal since the 60’s. However, the structural deficit in the region in terms of infrastructures, political stability and a low foreign investments made COMESA slowly declining and neglected by its own members. The refusal of giving to the private sector a larger margin to intervene is one of the key explanations to understand why it failed. However, the recent growth of certain economic pivots such as Ethiopia and Angola and their investments in a more diversified economy gave new hope to the project, inviting the African Union to improve it.
About Bernardo Marinho da Mata
Bernardo Marinho da Mata graduated in a BA in International Relations & Political Science and is now attending a Master’s Degree in Conflict Studies at the London School of Economics. Currently working in the sub-Committee of the LSE Political Risk and Investment Society, he is also the founder of the Portuguese Youth Association for Geopolitical Understanding and an Associate Intelligence Analyst of Global Intelligence Insight. His focus is on Eurasia’s geopolitical dynamics and investments in Africa.
