BEYOND THE ICC’s JUSTICE: THE ROAD TO CONSTRUCTION OF ACJ&HR

Abstract

In 2017, the African Union passed a resolution on a large-scale withdrawal from the International Criminal Court, and the relationship between the African Union and the International Criminal Court has become increasingly tense.          The “Bashir case” highlights the root cause of the tension between them, that is, the imbalance between political stability and judicial justice. The mandate of the «Rome Statute» on the UNSC and the politicization of international crimes have gradually politicized the International Criminal Court, which then plunged the ICC into a crisis of legitimacy. The hybrid tribunal model is an ideal model for the International Criminal Court to get rid of the crisis of legitimacy and balance the relationship between political stability and judicial justice. Promoting the establishment of the “African Court of Justice and Human Rights” provides a way to ease the tension between Africa and the International Criminal Court and jointly promote criminal justice in Africa.

          In a scientific article, the author emphasizes that the “Bashir case” has aggravated international relations between the countries of the African continent and representatives of the ICC. And while the ICC prosecutes international crimes committed in a highly political environment and provides criminal justice around the world, problems arise when the perpetrators of these crimes are members of political parties or high-ranking government officials. As a result of such problems, today in international law the jurisdiction of the International Criminal Court has all the signs of politicization. In this regard, the subjects of international law should fully use the full potential of the “principle of complementarity” and use the legal approach of a mixed tribunal to restore normal and constructive relations with African countries, which, to a certain extent, will stop the process of politicization of the ICC.