The following article was written by Alexander Knoops and Tim Zwart in the New African magazine. Alexander Knoops is a longtime legal colleague of mine.

The relations the International Criminal Court (ICC) enjoys with states in Africa are testy. Already, the African Union has called on its member states not to cooperate with the ICC’s prosecutor regarding the case of President Omar al-Bashir of Sudan. African leaders are openly defying the Court by offering hospitality to President Bashir, despite the indictment that has been brought against him.

By recently electing Uhuru Kenyatta as their president, Kenyans have rallied behind him in opposition to the Court. The ICC should therefore watch its step in order not to lose its legitimacy in Africa. The proceedings brought against the former Ivorian president, Laurent Gbagbo, who is currently standing trial in The Hague, charged with crimes against humanity, will serve as a test case in this regard.