반-ICC 담론의 비판적 검토 — ICC는 아프리카만을 겨냥하는 국제형사재판소인가? —

초록

The ICC plays a pivotal role in materializing international criminal justice. African States and the AU have made significant contributions to the establishment of the ICC and the activation of the ICC. Since the emergence of the ICC, the majority of cases dealt with by the ICC were related to the African region. This fact leads to criticism that the ICC is the “African International Criminal Court” which targets Africa only. The anti-ICC discourse which is developed by African States and the AU criticizes the bias of the ICC and the UNSC toward Africa and raises questions concerning the legitimacy of the ICC as the international criminal court. The anti-ICC discourse needs to be examined in the context of post-colonialism, and the implications driven by the key issues raised the anti-ICC discourse should be taken seriously. However, because the anti-ICC discourse was constructed and developed as the political rhetoric in favor of African States and the AU, a detailed exploration of the anti-ICC discourse is required for the better understanding of the anti-ICC discourse. Put it differently, the anti-ICC discourse is not directly linked with the nature of the ICC as the international criminal justice institution, but is centered on the criticism of the UNSC’s political decision related to the ICC activities. Key issues implied in the anti-ICC discourse lead to misunderstanding of the ICC by equating the political failure of the UNSC with the judicial failure of the ICC. In addition, the anti-ICC discourse externalizes the African region in the context of the international criminal justice. In other words, demonstrating African States as victims of the Western hegemony, the anti-ICC discourse succeeds in hiding the African States’ strategy that hampers activities of the ICC. Although failure of the UNSC and the ICC which is pointed out by the anti-ICC discourse should be examined thoroughly for addressing the ICC’s problems, various strategies of the anti-ICC discourse hindering the ICC from materializing the international criminal justice also should be explored. Through a critical exploration of the anti-ICC discourse, it will be possible to construct a new relationship that benefits both Africa and the ICC.

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