“However, William Nyarko, Executive Director at the Africa Center for International Law and Accountability in Ghana, says the allegations of bias are not supported by facts.
“There are three ways by which the ICC becomes [involved in] a case,” he told Newsweek. “The first is a referral by a state party. The other two are a referral by the United Nations Security Council and a referral by the ICC prosecutor acting pursuant to proprio motu powers, i.e. based on information received.
“The ICC is a court of last resort and it operates by complementarity, meaning it only opens an investigation into a situation if a state is unable or unwilling to bring alleged perpetrators to justice,” he continued. “Out of the nine situations that the ICC has prosecuted in Africa, African states parties referred five of those cases themselves—DR Congo, Uganda, Mali, Central African Republic twice.”
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