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Africa, International Law Bhavya Johari Africa, International Law Bhavya Johari

The Banjul Declaration on Sudan: When African-Led Accountability Risks Enabling Impunity

In this week’s post, Bhavya Johari discusses the legal and institutional implications of the 2026 Banjul Joint Declaration on Sudan, arguing that its proposal for an African-led accountability mechanism operating in “complementarity” with the International Criminal Court (ICC) is based on a misunderstanding of the Rome Statute’s complementarity regime. The post situates the Declaration within two significant developments: the ICC's landmark conviction and sentencing of Ali Kushayb in the Sudan situation, demonstrating the effectiveness of the Court’s Security Council referral mechanism, and the growing political backlash against the ICC reflected in the Alliance of Sahel States' planned withdrawal from the Rome Statute.

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