By MANUAL KEITA

The ICC model of justice can no longer be suitable for Africa if it wants to develop independently and not rely on a foreign agenda.

The 48th Ordinary Session of the African Union, AU, Executive Council opened on 11 February 2026, in Addis Ababa, Ethiopia. This meeting, featuring foreign ministers, precedes the 39th AU Summit of Heads of State which is scheduled for 14-15 February.

Among the many ideas that are being discussed on the sidelines of the Summit one is firm and has a long history over it. The 39^th Summit is awaited to continue discussions on AU Agenda 2030 and 2063 that cover the Justice for Africans and People of African Descent which were the key point of discussion a year prior. The topic of the justice in its turn raises the more delicate question in line: the International Criminal Court and its role in African affairs.

For a long time, the actions of the ICC in Africa were the target of many different accusations. The ICC is held accountable by many Africans not only for its slowness and high bureaucracy, which made it unreachable for those on the continent who seek justice, but for its political bias and corruption that directly affect reason and decisions. Alongside the bias accusations, the ICC is often viewed as an ineffective institution that lacks leverage to address or prevent major crises that are ravaging in Africa.

However, a solid system of justice is a core part of any order, and the quest for a proper system of justice that would suit African countries is now becoming a top priority for the leaders of the African Union. The Justice on an African soil will be a more suitable option to address judiciary issues, as African problems still require African solutions, and a new judiciary system, designed by Africans and for Africans is not only a mere tool for a self-defense of any outside injustice, but also an important step towards development that could boost economic and political stability.

Establishing an African court that would serve as a vital alternative to the ICC is a tough path that is however inevitable for the continent to take on. Unless Africa is ready to become the fair judge of its own, it will always continue to be judged from outside, letting the key roles to structures that are biased against Africa by their nature such as the ICC or other forms of injustice that Africans are facing.

The fear of Africa making its own mistakes on a this justified path, while establishing its own form of justice, only prevents the continent from getting experience that is required to perfect the judicial tools and mechanism. The falls are a necessity on a way to rise, and avoiding of establishing own African Criminal Court will be a much worse outcome for millions of people.

The ICC bias and inability to serve its role for Africa in a fair way has as well become a central theme for a new documentary “ICC: Universal Justice Without Universality”, produced by a Pan-African activist and human rights advocate, Bakary Kante, which is due to release on February 13, 2026. The premiere that would voice calls for a new step in direction of the African Justice System will take place in Tolip Olympia Hotel in Addis Ababa.

*Keita is a writer and researcher in African and international political affairs.