The statue of Lady Justice enthroned on the Place du Roemer is a powerful symbol, representing integrity, fairness and transparency in the judicial system. However, in recent news, this statue seems to be shrouded in shadow, tarnishing its deeper meaning.
Transparency International’s latest Corruption Perception Index, released last week, reveals a chilling picture: corruption thrives where justice systems collapse, fueled by a toxic mix of weak institutions and influential figures who manipulate the law to their advantage. And this phenomenon is not limited to authoritarian regimes; democratic leaders are increasingly complicit in the destruction of justice, leading to a global epidemic of impunity.
Corruption, abuse of power and control of all legal systems by the rich and powerful are becoming commonplace. The consequences are devastating, with vulnerable populations deprived of access to justice while the rich and powerful get away with it. This erosion of accountability creates a breeding ground for corruption, further weakening the institutions meant to guarantee the rule of law.
Africa, in particular, faces a significant challenge. Although a few countries show signs of progress, the continent remains the most corrupt region in the world. The 2023 Corruption Perceptions Index, which focuses on the last decade, is a stark reminder that action must be taken now to strengthen justice systems and hold everyone accountable, regardless of their position or power.
Across the continent, the specter of corruption looms, its tentacles stifling progress and justice. Weak courts, unable to hold influential figures accountable, become hotbeds of impunity. Mozambique’s former Finance Minister Manuel Chang, implicated in the “tuna bond” scandal, is still awaiting trial in the United States. Questions remain about a fair trial if he returned to his home country. In Angola, billionaire Isabel dos Santos, accused of embezzlement, remains on the run despite Interpol pursuits. In Zimbabwe, the practice of “catch and release” for corrupt officials has become a grisly routine, with investigations yielding little more than public disillusionment.
South Africa’s Zondo Commission of Inquiry Reveals Gupta Family’s State Capture, But Extradition Efforts Fail. Malawi is struggling with the aftermath of corruption scandals as the trust of its citizens is eroded. ‘Congo Hold-up’ in Democratic Republic of Congo Exposes Massive Looting, But Accountability Remains a Distant Dream. In Nigeria, unresolved political corruption cases reign supreme, demonstrating the grip of impunity.
The dispute between Equatorial Guinea and France before the International Court of Justice highlights the complexity of navigating existing international legal systems.
While space and time limit further exploration, the examples presented reveal a chilling truth: national courts, often influenced by the same corruption-ridden power structures, fail to deliver justice. We urgently need alternative solutions.
Regional and sub-regional courts offer opportunities. However, the fate of the Southern African Development Community (SADC) Tribunal, silenced when it dared to challenge political decisions, is a stark reminder of their limitations. Similarly, the African Court on Human and Peoples’ Rights, although tasked with handling corruption cases, lacks the political will to act, with few African countries ratifying the necessary protocol.
A third, potentially promising option is that of an International Court Against Corruption (IACC). However, African leaders, who still harbor concerns about the International Criminal Court, are reluctant to offer their support. Opponents might cite concerns of national sovereignty, but let us not forget the sovereignty of the people, deprived of their resources and justice. The IACC can complement, not replace, national efforts, ensuring respect for the rule of law and promoting international asset recovery.
The time for hesitation is over. The human cost of inaction is immense. Let us unite behind an IACC, sending a clear message: corruption has no safe haven, and justice knows no borders.
Prosper S Maguchu is an Assistant Professor of Law specializing in financial crimes and international asset recovery using a human rights-based approach.