ABSTRACT
The punishment of crimes against humanity and genocide can be accomplished by national courts, international criminal tribunals, and the International Criminal Court (ICC). Experience has shown, however, that states have been reluctant to prosecute such crimes, especially when their own high-ranking state officials have been involved in them. It is no secret that tension exists between various African states and the ICC. Indeed, various African states have perceived the ICC as a new form of colonization. The ICC was established by a treaty: the Rome Statute of 1998. It is universally recognized that states become parties to any given treaty via the principle of free consent. In light of the fact that the majority of the cases have been referred to the ICC by the governments of those states concerned, it is untenable to assert that the court has been selective.
