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Regional News of Wednesday, 10 July 2024

Source: Integrity Initiatives International

African leaders urged to establish International Anti-Corruption Court

File photo of a gavel, other objects File photo of a gavel, other objects

On African Anti-Corruption Day 2024, marking the 21st anniversary of the African Union's (AU) adoption of the Convention on Preventing and Combating Corruption (AUCPCC), several prominent organizations, including Integrity Initiatives International (III), Club de Madrid, Good Governance Africa (GGA), and the Pan-African Lawyers Union (PALU), have united to urge AU leaders to honour the commitments of the AUCPCC and work towards establishing an International Anti-Corruption Court (IACC).

Reflecting on the enduring struggle against corruption, Richard Goldstone, former Justice of the Constitutional Court of South Africa and Vice Chair of III, emphasized the destructive impact of grand corruption on the continent.

"Grand corruption holds Africa back. It diminishes public trust in institutions and prevents our people from enjoying even the most basic public goods and services they deserve. By hollowing out governments, it foments public health crises, starvation, deprivation, and even war. Corruption kills. Our leaders must come together to answer the calls for an International Anti-Corruption Court that can deter grand corruption and secure the return of looted public resources to benefit the people," he stated.

The call for an IACC is not new. Former President of Nigeria Muhammadu Buhari highlighted the need for such an institution on African Anti-Corruption Day 2022. His sentiment was echoed by Nigeria's current administration in October 2023.

Lateef Fagbemi SAN, Minister of Justice and Attorney General of Nigeria, remarked, "Nigeria, as a country deeply affected by corruption, could benefit significantly from the establishment of an IACC. Such a court could address cases involving individuals and assets located abroad, often tied to grand corruption schemes that have a devastating impact on Nigeria’s development efforts."

The proposed International Anti-Corruption Court would prosecute corrupt officials when national governments are unable or unwilling to enforce the universally agreed crimes outlined in the UN Convention against Corruption (UNCAC).

This includes bribery of public officials, embezzlement and misappropriation of public funds, and laundering the proceeds of crime. The Court would also target co-conspirators, such as bribe payers and money launderers, many of whom operate from financial centers in developed countries.

Additionally, the IACC would employ both criminal and civil procedures to recover and return illicit assets. These recovered assets would be used to address sustainable development, climate change adaptation and mitigation, and other significant public challenges. The Court's staff would also support countries in strengthening their national-level anti-corruption capacity.

"Of course, the IACC will not be perfect, no institution is, but it is nevertheless very important that we create it so that kleptocrats and their co-conspirators face consequences for their actions and so that we can return their loot to benefit the people," said Moussa Mara, former Prime Minister of Mali and Member of Club de Madrid.

In alignment with Agenda 2063's aspirations for a prosperous Africa, free from the shackles of corruption, these organizations call on African leaders to seriously consider the establishment of the International Anti-Corruption Court. The creation of such an institution represents a crucial step towards ensuring that public goods and services benefit the people, free from the grip of corruption.



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