1.1 million Somali refugees remaining in
neighbouring countries and elsewhere.
In the three years since the start of the
conflict in South Sudan, the number of
refugees in neighbouring countries reached 1
million, while a total of 1.7 million people
continued to be displaced within the country,
and 4.8 million people were food insecure.
Kenya’s government announced its
intention to close Dadaab refugee camp,
home to 280,000 refugees. Some 260,000 of
these people were from Somalia or of Somali
descent, who – as a result of other changes
to Kenya’s refugee policy – were at risk of
being forcibly returned, in violation of
international law.
IMPUNITY AND FAILURES TO
ENSURE JUSTICE
Impunity remained a common denominator
in all of Africa’s major conflicts, with those
suspected of crimes under international law
and gross human rights violations rarely held
to account.
Despite having a clear mandate, the AU
had yet to take concrete steps towards setting
up a hybrid court for South Sudan, as
required by the country’s peace accord. Such
a court would represent the most viable
option for ensuring accountability for crimes
such as war crimes and crimes against
humanity committed during the conflict, and
for deterring further abuses.
Some progress was made towards setting
up the Special Criminal Court in CAR, but the
vast majority of suspected perpetrators of
serious crimes and gross violations of human
rights remained at large, free of any arrest or
investigations. In addition to the serious
weakness of the UN’s CAR peacekeeping
mission, impunity remained one of the key
drivers of the conflict and civilians faced
deadly violence and instability.
In Nigeria there was compelling evidence
of widespread and systematic violations of
international humanitarian and human rights
law by the military, leading to more than
7,000 mainly young Nigerian men and boys
dying in military detention and more than
1,200 people killed in extrajudicial
Amnesty International Report 2016/17
executions. However, the government did not
take any steps towards investigating such
allegations. No one was brought to justice
and the violations continued.
The International Criminal Court (ICC)
declared the charges against Kenya’s Deputy
President William Ruto and radio presenter
Joshua Arap Sang dismissed, and thus all
cases before the ICC in relation to Kenya’s
post-election violence in
2007-2008 collapsed. This decision was
seen as a major setback by thousands of
victims who had yet to see justice.
In a betrayal of millions of victims of
international crimes across the world, three
states in Africa – Burundi, Gambia and South
Africa – signalled their intention to withdraw
from the Rome Statute.
The AU also continued to call on states to
disregard their international obligations to
arrest Sudanese President Omar Al-Bashir
despite his being wanted by the ICC on
charges of genocide. In May, Uganda failed
to arrest visiting President Al-Bashir and
hand him over to the ICC, failing hundreds of
thousands of people killed or displaced in the
Darfur conflict.
There were, however, some heartening
and historic moments for international justice
and accountability.
Many African member states of the ICC
affirmed their support for and intention to
remain within the Rome Statute’s system
during the 15th Session of the Assembly of
State parties in November. This commitment
was previously reflected at July’s AU Summit
in Kigali where many countries – including
Botswana, Côte d’Ivoire, Nigeria, Senegal and
Tunisia – opposed a call for a mass
withdrawal from the Rome Statute. In
December, Gambia’s President-elect
announced his intention to rescind the
government’s decision to withdraw from the
Rome Statute.
Positive developments included the
conviction of Chad’s former President
Hissène Habré in May for crimes against
humanity, war crimes and torture committed
between 1982 and 1990. The Extraordinary
African Chambers in Dakar sentenced him to
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