Challenges Of Peace Building In Africa

Conflict transformation refers to the various process of transforming a conflict from a violent to non-violent situation. It comprises peace-keeping, peace enforcement and peace building.

It is one of the strategies often resorted to by the International Criminal Court (ICC) in resolving conflicts in troubled nations of the world especially in Africa.

However, the ICC does not concern it self with the nations themselves but with persons accused of committing heinous bestiality against mankind. The likes of Saddam Hussein of Iraq who committed unpardonable acts of barbarity became a deterrent for others.

There is no gainsaying that the impact of the ICC is being felt across the globe more so because there are of course no “sacred cows.”

The ICC has jurisdiction to intervene in situations of actual or potential conflict.

Nevertheless, the fundamental problem that is encountered in international law is that of enforcement. The United Nations and its agencies depend on member nations to enforce international law. This is because it lacks enforcement mechanism. Often, the problem encountered is the lack of will by nations to enforce these international sanctions.

The strategy adopted by the ICC in these conflict situations more often exacerbate tension between justice and peace, that is justice may be achieved by bringing the culprits to books but does it  bring sustainable peace in the troubled nation?

Some scholars believe that the recourse to the courts in situation of armed conflicts expressed in form of civil wars, rebellion, secession and militia actions tend to worsen the situation.

Peace cannot be achieved through the dispensation of just desert: It is only justice that has been underscored. But how far justice is able to bring peace and heal wounds inflicted on the psyche of the warring factions is yet to be tested.

On the other hand, proponents of peace believe that prosecution of offenders does not bring the enduring peace that is needed. The posit that when peace is enforced, subsequent peace building should be devoid of prosecution. But how far this can go to stop the denigration of humanity, nobody knows.

Prosecution  of offenders especially key actors during armed conflicts only narrows the crime to these individuals, while many who participated in the heinous crime go Scot free.

Today, Africa presents a sordid picture of poverty, disease, war and corruption. Poverty is endemic in Africa but the amazing contrast is that while more than 70 per cent of Africa are reeling in poverty the remaining 30 per cent comprising the ruling class and their cohorts is living in splendour. This iniquitous in-equality has been the source of problems in the world’s troubled region. While it must be admitted that the ICC’s achievements in conflict transformation are quite laudable, especially in other parts of the world, little success has been recorded in Africa.

There is a helluva of problems in terms of enforcement in Africa as exemplified in Uganda, Sudan and Libya. In Libya, it has been quite difficult to enforce peace. The conflict has lingered, bringing in its wake a helluva of problems.

Consequently, the involvement of the ICC in conflict transformation in Africa will to a great extent determine the scope of conflicts in the world’s most vulnerable region.

But  a half-hearted approach with regard to the prosecution of offenders alone will do more harm than good. This is because little success has been achieved with prosecution as a model for conflict transformation. A holistic approach of involving all the ingredients of conflict transformation will help the situation.

The ICC must find ways of resolving the conflicts in Africa. The court must avail itself of the opportunity of using other pacific ways of settling disputes.

The ICC must realise that Africa with its peculiar experiences, will prefer the use of suitable pacific means of settling disputes. The post-war situation demands the healing of wounds and the reconciliation of hitherto estranged society.

The recourse to adjudication in spite of other pacific means alienates the people from one another.

It is therefore, important that the ICC should be able to determine the appropriate model to use in achieving peace instead of sticking to a formula that has achieved little success. It must be able to vary its mechanism in order to enthrone lasting peace in the troubled countries.

Again,  one must appreciate the ability of the ICC to investigate and  prosecute war crimes and other barbaric acts against humanity. The involvement of the ICC in prosecuting war crimes should be as a result of the inability of the countries concerned to do same. When a country has the capacity to investigate and prosecute these barbaric acts committed in its domain, such country should be allowed to do so.

The ICC must work in concert with national institutions rather than working alone in terms of peace building in a post war situation. It has to explore other mechanisms that  are appropriate in a given situation. Every problem has its own solution. The ICC must work with national institutions for lasting peace in troubled nations of the world. It must evolve a more aggressive mechanism for enforcing peace, building peace and working with national institutions. It is only then that the challenge being faced in Africa will be a thing of the past.

Chidi Enyie