Africa must establish new anti-corruption court

Africa remains one of the regions most battered by corruption’s effects. From crippled development projects to weakened governance, the costs have been enormous. Worse still, grand corruption – the kind committed by those at the highest levels of power – continues to flourish, often protected by a stubborn culture of impunity. Vrije Universiteit Amsterdam’s Assistant Professor Prosper Maguchu and the Integrity International Initiatives’ Karam Singh note that at the recent launch of a new policy brief titled International Anti-Corruption Court: How Will It Serve Africa?, a panel of judges, scholars and policymakers sent a clear message: African leaders must take ownership of the movement to establish a new international anti-corruption Court (IAC court) – or risk allowing the same old cycles of injustice and theft to continue unchallenged. ‘Proponents envision a tribunal that would treat high-level corruption as a crime of international concern – similar to war crimes or crimes against humanity. This court would not replace national justice systems but complement them, stepping in where domestic courts are unable or unwilling to hold the powerful to account.’ In their Thought Leader column in the Mail & Guardian, the authors note the IAC court proposal is gaining momentum. By 2024, a draft treaty and commentary were well under way, prepared by a task force of judges, prosecutors and legal scholars. ‘The vision is clear: a court capable of pursuing the kleptocrats and corporate enablers who now operate with near-total impunity.’

The authors argue the scale of theft remains staggering. The report from the High-Level Panel on Illicit Financial Flows – chaired by former South African President Thabo Mbeki – estimated that Africa has lost more than $1trn to illicit outflows over the past 50 years. ‘The IAC court could play a transformative role here, helping to recover and repurpose stolen assets, returning funds to the communities they were stolen from through orders of restitution and civil suits.’ They note that the choice ahead is ‘stark’. ‘Africa can either sit back and let others design yet another international institution with little regard for African priorities; or it can seize this moment to demand a court that truly serves African interests – one that respects sovereignty, enforces accountability and helps return stolen wealth to the people to whom it belongs.’ Noting that corruption thrives when accountability is absent, they add: ‘The IAC court is not a magic bullet, but it could be an essential tool in breaking the cycle of impunity that continues to rob Africa of its future.’

Full Thought Leader column in the Mail & Guardian