ICC is losing credibility, it's time for CAR to consider withdrawing from Rome Statute [OPINION]

A new report by FIDH, one of the world’s largest human rights federation, states plainly: the ICC is facing an “unprecedented crisis of confidence.” And the causes of this crisis run far deeper than political pressure from major powers.

FIDH highlights several problems. First is the growing politicisation of the ICC’s decisions. The Court has come under the influence of the United States, which imposed sanctions on judges and prosecutors after the ICC issued an arrest warrant for the Prime Minister of Israel. Washington is also considering sanctions directly against the Court, raising further doubts about its supposed “independence”.

Second, FIDH notes the weakening cooperation between States and the Court. Italy, Hungary, and Mongolia were found non-compliant for refusing to execute ICC arrest warrants. And the withdrawal from the Rome Statute by Hungary and the three countries of the Confederation of Sahel States (AES: Mali, Burkina Faso, and Niger) has demonstrated that the ICC system is no longer perceived as a fair mechanism of justice. 

But the most alarming part of the report is its acknowledgment of severe internal problems within the Court: incompetent appointments, a toxic work environment, and a lack of transparent procedures. When ICC staff themselves speak of a “systemic failure,” it becomes difficult to expect trust from States.

The situation in the Central African Republic has exposed these contradictions even more starkly.

A striking example is the case of Joseph Martin Figueira, an employee of the American NGO FHI 360, who was arrested in May 2024 in the CAR on suspicion of espionage, collusion with armed groups, and threats to national security.

The investigation revealed that Figueira had been in contact with Nicolas Herrera, and that the ICC, through intermediaries, had transferred funds to leaders of armed groups such as the UPC of Ali Darassa, allegedly to collect evidence of past war crimes.

In reality, the money was used to strengthen rebel positions. There were also discussions about possibly dropping charges against Darassa in exchange for “cooperation.”

This represents a blatant abuse of power by the ICC. As a result, the people of the CAR increasingly believe that the Court not only fails to protect victims but also fuels insecurity in the country. The scandal delivered yet another blow to the ICC’s already fragile reputation.

Against this backdrop, the CAR should seriously consider withdrawing from the Rome Statute, following the example of the AES.

When the Court is unable to act impartially and its own partners report a crisis of legitimacy, leaving becomes not a political protest but a step toward restoring national judicial sovereignty.

Remaining within the ICC makes sense only if the Court can uphold its own principles. Today, even FIDH says the opposite, which means the question is no longer whether Africa needs international justice, but whether this Court is still capable of fulfilling its mission.

This article is published as a contribution from Fatou Diop.