Ghana’s Attorney General, Godfred Yeboah Dame, has called on African nations to fortify their domestic legal frameworks as a demonstration of their sovereignty and a proactive means of addressing international crimes.
Speaking at the 23rd Session of the Assembly of States Parties to the Rome Statute of the International Criminal Court (ICC) in The Hague, he stressed the need for African countries to reduce dependency on external justice mechanisms by developing robust legal and judicial systems.
“The primacy of national jurisdiction over the prosecution of crime requires strong and effective legal systems for investigating and prosecuting international crimes,” Mr Yeboah Dame said.
“The ICC by itself lacks the capacity to investigate and prosecute all international crimes committed in the territories of states.”
He advocated for African nations to domesticate the Rome Statute or enact specific legislation that recognises war crimes, crimes against humanity, and genocide as distinct offences, complete with internationally aligned penalties.
“This is sovereignty in action,” he declared, “and a way to eliminate conditions suggestive of impunity that often call for the intervention of the ICC.”
Mr Yeboah Dame linked the establishment of sound legal systems to the broader principles of democracy.
“When democracy reigns and is practised in its true form, with citizens enjoying free expression, security, and adherence to constitutional governance, concerns about genocide, war crimes, and impunity will be non-existent,” he explained.
He argued that fostering democracy and justice at the national level aligns seamlessly with the ICC’s principle of complementarity, which prioritizes national jurisdictions over international intervention.
While commending the ICC for its efforts in international justice, Dame emphasized that the Court’s success also hinges on effective partnerships with local authorities and strengthened national capacities.
“We call for more complementarity initiatives of the Court and effective partnerships with local authorities,” he said, citing ICC activities in the Central African Republic as a model.
Ghana, he noted, remains steadfast in its commitment to the ICC’s ideals.
“We will continue to work closely with the Court through its organs to ensure the full realisation of the ends of justice and accountability,” he assured.
However, the Attorney General highlighted the importance of the ICC’s geographical neutrality in addressing international crimes.
“The Court must be seen to have its searchlight everywhere, responsive to crimes committed anywhere, without equivocation.”
Mr Yeboah Dame welcomed the ICC’s recent initiatives, such as preliminary investigations outside Africa and the establishment of field offices, which he believes will help dispel perceptions of the Court’s bias toward the continent.
He also expressed Ghana’s support for ongoing efforts to enhance the efficiency of the ICC.
“The Review Mechanism, the work of the Group of Independent Experts, and the Independent Oversight Mechanism are vital to improving the Court’s performance,” he noted.
Mr Dame stressed the importance of fairness in the ICC’s recruitment process to ensure geographical and gender diversity.
“Equal opportunity for competent nationals of all States Parties is essential,” he argued, “to bring varied experiences and perspectives that enhance institutional efficiency and impartiality.”
Godfred Yeboah Dame concluded by reaffirming Ghana’s dedication to international criminal justice, as exemplified by the work of the Africa Centre of International Criminal Justice (ACICJ) at the GIMPA Law School.
He highlighted the support of the ICC in advancing the Centre’s mission through research, capacity-building, and advocacy.
“Ghana cherishes and remains committed to the principles and ideals of the Rome Statute,” Mr Yeboah Dame stated.
“But the greatest support African nations can give the ICC is to consolidate democracy, establish sound systems of justice, and avoid conditions that attract its intervention.”
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