The continued misanalysis of mass violence in most of Africa by the ICC—perceived as simply criminal and not principally political—can only vindicate the harsh criticism against the ICC as indeed being an ‘International Caucasian Court’ deploying a Nuremberg-styled victor’s justice.

A good deal of the ill-feeling within the AU toward the ICC has been generated by Kenya’s political leadership, whose president, Uhuru Kenyatta, and deputy president, William Ruto, were under investigation by the court for crimes against humanity committed during the 2007-2008 post-election crisis. They have successfully converted personal interests into continental grievance.

The case of Augusto Pinochet illustrates that international law has fundamentally changed to make it difficult for the perpetrators of international crimes to escape justice by hiding in safe havens. Individual criminal acts cannot be attributable to an impersonate state for the purpose of absolving one from criminal liability. It is therefore incumbent upon the new government of The Gambia to take all measures necessary to deliver justice for the victims of crimes committed by former ruler Jammeh.