So ICC is a laughing stock yes, but the problem it was launched to tackle remains. Which actually is very bad news and no occasion for celebration!
This point is lost on many, especially among African "leaders". Ultimately, these cries of the court as a "tool of declining, neo-colonial and imperialist powers" is self-defeating. The notion of victory in such cases ought to be carefully considered: victory against whom? how do Africans actually benefit from said "victory"?
As it is, there is already an "Africa-fatigue" when it comes to such things; whatever guilt the world felt about Rwanda 94 has dissipated, although Kagame has managed to milk it quite well. Trying to get the "worst of the worst" in Africa has proved to be very tough work, with little gratitude shown, and increasingly the view is and will be that The Beloved Continent is best left to sort itself out. South Sudan is a good case study today: there will be numerous expressions of "concern" and some humanitarian aid, but that will be about it.
The "failures" of the ICC have also confirmed certain things that we knew all along, but hoped were no longer the case:
* If you want justice in Africa, you'd be well advised to get it on your own. The African Way.
* If you are a bad man in Africa, you'd be well advised to get power and to hang on to it.
Forward to the past.
That said, the ICC will continue to do plenty of African business. That's because Africans (on the winning side of whatever is going on in their countries) will continue to send Africans (on the losing side) to the court. And, "naturally", while they are filling the court with Africans, the very same African "leaders" will have the cheek to say that they are being targeted by neo-colonial powers.
One notes, for example, that none has been breathing out as much anti-ICC fire as Museveni. That was until a few months ago when he decided to hand over Ongwen. Since then, he's gone rather quiet on the matter. But his Foreign Minister has issued an "explanation" to the world: any idea that Museveni has/had problems with the court is a "misunderstanding".
Also: You will not hear it from the AU, but while that organizing has been beating up on the court, new African countries have joined, and existing ones have sent over additional business. And one African fellow simply decided that he'd be better off going there on his own than facing his fellow Africans.
So, then. How about an "African ICC"?
Seems like a good idea for people who keep complaining about an "imperial tool". And the AU has in the last couple of years made a lot of noise to that end: We will have our own court for this sort of thing! We will extend the jurisdiction of this or that court to include crimes against humanity, genocide, etc.! No more Europe!
And the reality?
The court in question is the so-called African Court of Justice and Human Rights (replacing the African Court on Human and Peoples' Rights), and we need not get into such facts as that until recently Kenya has done more to undermine that court than has any other country---stuff to do with Ogiek, Mau forest, etc. (Never mind this: www.capitalfm.co.ke/news/2015/01/kenya-commits-1mn-to-unstoppable-african-court-of-justice/ )
What we need to focus on, for now, is progress towards this "African ICC" that will replace the "Imperial Tool".
Well, things certainly started off (re-started last year) with a bang, an African bang: Item #1--national leaders to have immunity in said court. But why stop there when the national leaders have friends: #1(b) said immunity to extend to senior government officials. Next, taking a note of funny "Springs" up north: Item #2--the court to also deal with "popular uprisings" and the like. So far, so good. So where are we in mid-2015? A couple of problems:
* The first is that, all the noise notwithstanding, the Africans themselves don't seem particularly keen on their "unstoppable" replacement of the ICC:
www.theeastafrican.co.ke/news/Continent-governments-yet-to-ratify-African-Court-protocol/-/2558/2729244/-/rjpvkr/-/index.html
* The second problem is that, despite Uhuru's "ONE MILLION CASH, HAPA HAPA!", the Unstoppable Court doesn't have the money to handle anything more than the tinker-toy cases it has been looking at. And nobody is keen to follow Uhuru. What to do? Have no fear. AU budgets show that there is a plan: "donors" and "development partners" to come up with the money. Yes, that would be the nasty imperial/neo-colonial types whose court is to be replaced.
Anyways .... in the meantime, the Unstoppable Court seems to be at a temporary stop.
On specific matter of Sudan:
Bensouda, in her reports to the UN Security Council has done her best to issue warnings. There was this in June last year:
www.un.org/apps/news/story.asp?NewsID=48071#.VYCvXGdFAzt
In December, she made the most sensible decision possible in the circumstances: tell the UNSC (who sent Bashir their way) that she no longer plans to waste time and money in chasing the fellow. That makes a great deal of sense: those who most insist that Bashir is a menace should lead the way on doing something about it. What else is she supposed to do without the necessary support?
www.un.org/apps/news/story.asp?NewsID=49591&Kw1=ICC+&Kw2=Sudan&Kw3=Bashir#.VYCwCGdFAzs
Oh, and here's a funny bit about "declining imperial powers" supposedly going out of their way to f**k Sudan and Africa:
Africa's representatives on the UNSC at the time were very much for it and voted in support of the resolution. The Tanzanian rep gave an emotional performance: any delay would be a disaster, the people of Darfur could not be abandoned at this critical time, blah blah blah. On the other hand, the Great Satan did not vote. Nor did Kung Fu, Africa's newest and best friend for ever.