I have been writing for years about the Armenian Genocide. The issue is of great emotional as much as ethical and historical significance to me. But for reasons I will explain for the first time, 1915 is also a very personal matter for me. No, not because I suddenly discovered I am of Armenian descent, but mainly because 1915 is the main reason my career took a turn toward academia rather than diplomacy.

I did not join the Foreign Service because I was detained almost 20 years ago, when I was a 25-year-old tour guide. The reason? I dared to answer a couple of questions about 1915 from a group of American tourists visiting the Museum of Anatolian Civilizations in Ankara. That day changed my life. I'm not naïve; I knew answering their question in public would be risky. And I would have probably refrained from doing so had they not asked me first whether there is freedom of speech in Turkey. Trying to make light of it, I quipped: "Yes, there is freedom of speech, but freedom after speech can get tricky." I did not know my joke would turn into self-fulfilling prophecy.

Shortly after explaining to my group why the term “genocide” is problematic for Turkish officialdom, I was arrested by guards in the museum, taken to a police station and interrogated for five hours. This unexpected encounter with Turkish law enforcement convinced me about a couple of things. First, I realized how difficult life in Turkey would be if I were of Armenian descent. "Are you Armenian?" was the first question I was asked in the police station. When I said "No," the police officer laughed and said I was not the first Turkish traitor they had interrogated. To this day, I wonder how life in Turkey would be if my name was Onik instead of Ömer.

Second, I was also convinced that I no longer wanted to become a diplomat. As a diplomat, I knew you turn into a defense attorney for your country. I also knew that in the larger scheme of things, what happened to me that day was not tragic or even very consequential. But the idea of defending a country that arrests a tour guide for speaking about what happened 100 years ago turned me off intellectually and emotionally. All of a sudden, Turkey's predicament had gained a disturbingly personal dimension in my eyes and thoughts. I remember having a conversation the night I was arrested with my father, a Turkish diplomat himself and in disbelief about my lack of situational awareness. "Do you think you think you live in Sweden?" he asked me with sarcasm and some anger. Anyway, the case was closed for me. I now had a police detention record. And this was enough to disqualify me from the Foreign Ministry exam.

Since the Turkish Foreign Service had now lost a brilliant (!) future diplomat, I turned my gaze to academia and decided to continue my seditious activities in the United States by writing a dissertation on Turkey's identity problem. My focus was on the interplay between Kemalism, the official ideology of the republic and the Kurdish question and political Islam. Ever since I started working in academia and think-tanks, I made an involuntary reputation for myself as a public intellectual with pro-Kurdish, pro-Islamic, pro-Armenian tendencies. I guess that's a small price to pay for trying to be a liberal in today's Turkey. The alternative would have been a life in Turkish diplomacy talking about the "so-called Armenian Genocide,” the separatist-terrorist organization called the Kurdistan Workers' Party (PKK) and various "coup" attempts against the sacred Turkish state during the Gezi protests and the corruption investigations.

At the end of day, my arrest 20 years ago was a blessing in disguise. I'm happy my Armenian journey took me where I am.

This article was originally published in Today's Zaman.

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Analysis of dozens of publicly created redistricting plans shows that map-making technology can improve political representation and detect a gerrymander.  In 2012, President Obama won the vote in Ohio by three percentage points, while Republicans held a 13-to-5 majority in Ohio’s delegation to the U.S. House. After redistricting in 2013, Republicans held 12 of Ohio’s House seats while Democrats held four. As is typical in these races, few were competitive; the average margin of victory was 32 points. Is this simply a result of demography, the need to create a majority-minority district, and the constraints traditional redistricting principles impose on election lines—or did the legislature intend to create a gerrymander?

Crowd-Sourced Redistricting Maps

In the Ohio elections, we have a new source of information that opens a window into the legislature’s choice: Large numbers of publicly created redistricting plans.

During the last round of redistricting, across the country thousands of people in over a dozen states created hundreds of legal redistricting plans. Advances in information technology and the engagement of grassroots reform groups made these changes possible. To promote these efforts we created the DistrictBuilder open redistricting platform and many of these groups used this tool to create their plans.

Over the last several years, we have used the trove of information produced by public redistricting to gain insight into the politics of representation. In previous work that analyzed public redistricting in Virginia^[1], and in Florida^[2], we discovered that members of the public are capable of creating legal redistricting plans that outperform those maps created by legislatures in a number of ways.

Public redistricting in Ohio shows something new—the likely motives of the legislature. This can be seen through using information visualization methods to show the ways in which redistricting goals can be balanced (or traded-off) in Ohio , revealing the particular trade-offs made by the legislature.

The figure below, from our new research paper^[3], shows 21 plots—each of which compares legislative and publicly-created plans using a pair of scores—altogether covering seven different traditional and representational criteria. A tiny ‘A’ shows the adopted plan. The top-right corner of each mini-plot shows the best theoretically possible score. When examined by itself, the legislative plan meets a few criteria: it minimizes population deviation, creates an expected majority-minority seat, and creates a substantial majority of districts that would theoretically be competitive in an open-seat race in which the statewide vote was evenly split.

Figure 1: Pairwise Congressional Score Comparisons (Scatterplots) - Standardized Scores

In previous rounds of redistricting, empirical analysis would stop here—unless experts were called in to draw alternative plans in litigation. However, the large number of public plans now available allows us to see other options, plans the legislature could readily have created had it desired to do so. Comparison of the adopted plans and public plans reveal the weakness of the legislature’s choice. Members of the public were able to find plans that soundly beat the legislative plan on almost every pair of criteria, including competitive districts.

So why was the adopted plan chosen? Information visualization can help here, as well, but we need to add another criterion—partisan advantage:

Pareto Frontier: Standard Criteria vs. Democratic Surplus

When we visualize the number of expected Democratic seats that was likely to result from each plan, and compare this to the other score, we can see that the adopted plan is the best at something— producing Republican seats.

Was Ohio gerrymandered? Applying our proposed gerrymandering detection method, the adopted plans stands in high contrast to the public sample of plans, even if the overall competition scoring formula is slightly biased towards the Democrats, as strongly biased towards the Republicans on any measure of partisan fairness. Moreover analyzing the tradeoffs among redistricting criteria illuminate empirically demonstrates what is often suspected, but is typically impossible to demonstrate—that had the legislature desired to improve any good-government criterion—it could have done so, simply by sacrificing some partisan advantage. In light of this new body of evidence, the political intent of the legislature is clearly displayed.

However, when politics and technology mix, beware of Kranzberg’s first law: “Technology is neither good nor bad; nor is it neutral.”^[4] Indeed there is an unexpected and hopeful lesson on reform revealed by the public participation that was enabled by new technology. The public plans show that, in Ohio, it is possible to improve the expected competitiveness, and to improve compliance with traditional districting principles such as county integrity, without threatening majority-minority districts simply by reducing partisan advantage—this is a tradeoff we should gladly accept.

Policy makers at all levels, federal and state and local governments, are depositing great faith in innovation as a driver of economic growth and job creation. In the knowledge economy, universities have been called to play a central role as knowledge producers. Universities are actively seeking to accommodate those public demands and many have engaged an ongoing review of their educational programs and their research portfolios to make them more attuned to industrial needs. Technology transfer is a function that universities are seeking to make more efficient in order to better engage with the economy.

By law, universities can elect to take title to patents from federally funded research and then license them to the private sector. For years, the dominant model of technology transfer has been to market university patents with commercial promise to prospect partners in industry. Under this model, very few universities have been able to command high licensing fees while the vast majority has never won the lottery of a “blockbuster” patent. Most technology transfer offices are cost centers for their universities.

However, upon further inspection, the winners of this apparent lottery seem to be an exclusive club. Over the last decade only 37 universities have shuffled in the top 20 of the licensing revenue ranking. What is more, 5 of the top 20 were barely covering the expenses of their tech transfer offices; the rest were not even making ends meet.[i] It may seem that the blockbuster patent lottery is rigged. See more detail in my Brookings report.

That appearance is due to the fact that landing a patent of high commercial value is highly dependent on the resources available to universities. Federal research funding is a good proxy variable to measure those resources. Figure 1 below shows side by side federal funding and net operating income of tech transfer offices. If high licensing revenues are a lottery; then it is one in which only universities with the highest federal funding can participate. Commercial patents may require a critical mass of investment to build the capacity to produce breakthrough discoveries that are at the same time mature enough for the private investors to take an interest.

Figure 1. A rigged lottery?

High federal research funding is the ticket to enter the blockbuster patent lottery

Source: Author elaboration with AUTM data (2013) [ii]

But now, let’s turn onto another view of the asymmetry of resources and licensing revenues of  universities; the geographical dimension. In Figure 2 we can appreciate the degree of dispersion (or concentration) of both, federal research investment and licensing revenue, across the states. It is easy to recognize the well-funded universities on the East and West coast receiving most of federal funds, and it is easy to observe as well that it is around the same regions, albeit more scattered, that licensing revenues are high.

If policymakers are serious about fostering innovation, it is time to discuss the asymmetries of resources among universities across the nation. Licensing revenues is a poor measure of technology transfer activity, because universities engage in a number of interactions with the private sector that do not involve patent licensing contracts. However, this data hints at the larger challenge: If universities are expected to be engines of growth for their regions and if technology transfer is to be streamlined, federal support must be allocated by mechanisms that balance the needs across states. This is not to suggest that research funding should be reallocated from top universities to the rest; that would be misguided policy. But it does suggest that without reform, the engines of growth will not roar throughout the nation, only in a few places.

Figure 2. Tech Transfer Activites Depend on Resources

Bubbles based on Metropolitan Statistical Areas and propotional to size of the variable

Since its 50th anniversary in 1994, the World Bank has been led by four presidents: Lewis Preston until his untimely death in 1995; then James Wolfensohn, who gave the institution new energy, purpose and legitimacy; followed by Paul Wolfowitz, whose fractious management tossed the World Bank into deep crisis; and most recently, Robert Zoellick, who will be remembered for having stabilized the bank and provided effective leadership during its remarkably swift and strong response to the global financial crisis.

Throughout these years of ups and downs in the bank’s leadership, standing and lending, the overall trend of its global role was downhill. While it remains one of the world’s largest multilateral development finance institutions, its position relative to other multilateral financing mechanisms is now much less prominent. Other multilateral institutions have taken over key roles. For example, the European Union agencies and the regional development banks have rapidly expanded their portfolios, and new “vertical funds” such as the Global Fund for AIDS, Tuberculosis and Malaria have become major funding vehicles. At the same time, according to a 2011 OECD Development Assistance Committee report multilateral aid has declined as a share of total aid. Meanwhile, non-governmental aid flows have dramatically increased, including those from major foundations like the Bill and Melinda Gates Foundation, but also from new internet-based channels bundling small individual donations, such as Global Giving. The World Bank— which 20 years ago was still the biggest and most powerful global development agency and hence a ready target for criticism— today is just one of the many institutions that offer for development to the poor and emerging market economies.

Against this backdrop, the World Bank, its members and Dr. Kim face three options in its long-term trajectory over the next 10 to 20 years: 1) the bank can continue on its current path of gradual decline; 2) it might be radically scaled back and eventually eliminated, as other aid channels take over; or 3) it can dramatically reinvent itself as a global finance institution that bundles resources for growing global needs.

There is no doubt in this author’s mind that the World Bank should remain a key part of the global governance architecture, but that requires that the new president forge an ambitious long-term vision for the bank – something that has been lacking for the last 30 years – and then reform the institution and build the authorizing environment that will make it possible to achieve the vision.

Option 1: “Business as Usual” = Continued Gradual Decline

The first option, reflecting the business-as-usual approach that characterized most of the Zoellick years of leadership will mean that the bank will gradually continue to lose in scope, funding and relevance. Its scope will be reduced since the emerging market economies find the institution insufficiently responsive to their needs. They have seen the regional development banks take on increasing importance, as reflected in the substantially greater capital increases in recent years for some of these institutions than for the World Bank in relative terms (and in the case of the Asian Development Bank, even in absolute terms). And emerging market economies have set up their own thriving regional development banks without participation of the industrial countries, such as the Caja Andina de Fomento (CAF) in Latin America and the Eurasian Development Bank in the former Soviet Union. This trend will be reinforced with the creation of a “South Bank” or “BRIC Bank”, an initiative that is currently well underway.

At the same time, the World Bank’s soft loan window, the International Development Association (IDA), will face less support from industrial countries going through deep fiscal crises, heightened competition from other concessional funds, and a perception of reduced need, as many of the large and formerly poor developing countries graduate to middle-income status. It is significant that for the last IDA replenishment much of the increase in resources was due to its growing reliance on advance repayments made by some of its members and commitments against future repayments, thus in effect mortgaging its future financial capacity. The World Bank’s status as a knowledge leader in development will also continue to be challenged with the rise of research from developing countries and growing think tank capacity, as well as a proliferation of private and official agencies doling out advice and technical assistance.

As a result, under this option, over the next 10 to 20 years the World Bank will likely become no more than a shadow of the preeminent global institution it once was. It will linger on but will not be able to contribute substantially to address any of the major global financial, economic or social challenges in the future.
 
Option 2: “The Perfect Storm” = Breaking Up the World Bank

In 1998, the U.S. Congress established a commission to review and advise on the role of the international financial institutions. In 2000, the commission, led by Professor Allan Meltzer, released its recommendations, which included far-reaching changes for the International Monetary Fund and the World Bank, most of them designed to reduce the scope and financial capacities of these institutions in line with the conservative leanings of the majority of the commission’s members. For the World Bank, the “Meltzer Report” called for much of its loan business and financial assets to be devolved to the regional development banks, in effect ending the life of the institution as we know it. The report garnered some attention when it was first issued, but did not have much impact in the way the institution was run in the following 10 years.

In 2010, the U.S. Senate Foreign Relations Committee released a report on the international financial institutions, which called on them to aim toward “succeeding in their development and economic missions and thereby putting them out of business”. However, it did not recommend a drastic restructuring of the multilateral development banks, and instead argued strongly against any dilution of the U.S. veto right, its lock on leadership selection, and its voting share at the IMF and World Bank. While not dramatic in its short-term impact, these recommendations were likely a strong factor in the subsequent decisions made by the Obama administration to oppose a substantial increase in contributions by emerging markets during the latest round of capital increase at the World Bank to push for an American to replace Robert Zoellick as World Bank president. These actions reinforced for emerging market countries that the World Bank would not change sufficiently and quickly enough to serve their interests, and thus helped create the momentum for setting up a new “South Bank.”

While there seems to be no imminent risk of a break-up of the World Bank along the lines recommended by the Meltzer Report, the combination of fiscal austerity and conservative governments in key industrial countries, compounded by a declining interest of the emerging market countries in sustaining the institution’s future, could create the perfect storm for the bank. Specifically, as governments face constrained fiscal resources, confront the increasing fragmentation of the multilateral aid architecture, and take steps to consolidate their own aid agencies, they might conclude that it would be more efficient and fiscally prudent to rationalize the international development system. There is a obvious overlap on the ground in the day-to-day business of the World Bank and that of the regional development banks. This is a reality which is being fostered by the growing decentralization of the World Bank into regional hubs; in fact, a recent evaluation by the World Bank’s Independent Evaluation Group concluded that “[r]ather than functioning as a global institution, the bank is at risk of evolving into six regional banks”. With the growing financial strength, institutional capacity and dynamism, and the apparently greater legitimacy of regional development banks among their regional members, shareholders might eventually decide that consolidation of the World Bank’s operations with those of the regional development banks, in favor of the latter, is the preferred approach.

There are lots of reasons to think that this drastic step would be difficult to take politically, financially and administratively, and therefore the inertia common to the international governance architecture will also prevail in this case. However, the new World Bank president would be well advised to be prepared for the possibility of a “perfect storm” under which the idea of eviscerating the World Bank could gain some traction,. The more the bank is seen to fade away, as postulated under Option 1 above, the greater is the likelihood that Option 2 would be given serious consideration.

Option 3: “A Different World Bank” = Creating a Stronger Global Institution for the Coming Decades

Despite all the criticism and the decline in its relative role as a development finance institution in recent decades, the World Bank is still one of the strongest and most effective development institutions in a world. According to a recent independent ranking of the principal multilateral and bilateral aid institutions by the Brookings Institution and the Center for Global Development “IDA consistently ranks among the best aid agencies in each dimension of quality”.

A third, radically different option from the first two, would build on this strength and ensure that the world has an institution 10 to 20 years from now which helps the global community and individual countries to respond effectively to the many global challenges which the world will undoubtedly face: continued poverty, hunger, conflict and fragility, major infrastructure and energy needs, education and health challenges, and global warming and environmental challenges. On top of this, global financial crises will likely recur and require institutions like the World Bank to help countries provide safety nets and the structural foundations of long-term growth, as the bank has amply demonstrated since 2008. With this as a broad mandate, how could the World Bank respond under new dynamic?

First, it would change its organizational and operating modalities to take a leaf out of the book of the vertical funds, which have been so successful in tackling major development challenges in a focused and scaled-up manner. This means substantially rebalancing the internal matrix between the regional and country departments on the one hand and the technical departments on the other hand. According to the same evaluation cited above, the World Bank has tipped too far toward short-term country priorities and has failed to adequately reflect the need for long-term, dedicated sectoral engagement. The World Bank needs to fortify its reputation as an institution that can muster the strongest technical expertise, fielding team with broad global experience and with first rate regional and country perspective. This does not imply that the World Bank would abandon its engagement at the country level, but it means that it would systematically support the pursuit of long-term sectoral and sub-sectoral strategies at the country level, linked to regional and global initiatives, and involving private-public partnership to assure that development challenges are addressed at scale and in a sustained manner.

Second, recognizing that all countries have unmet needs for which they need long-term finance and best practice in areas such as infrastructure, energy, climate change and environment, the World Bank could become a truly global development institution by opening up its funding windows to all countries, not just an arbitrarily defined subset of developing countries. This would require substantially revising the current graduation rules and possibly the financial instruments. This would mean that the World Bank becomes the global equivalent of the European Investment Bank (EIB) and of the German Kreditanstalt fuer Wiederaufbau (KfW)—development banks that have successfully supported the infrastructure development of the more advanced countries.

Third, the World Bank would focus its own knowledge management activities and support for research and development in developing countries much more on a search for effective and scalable solutions, linked closely to its operational engagement which would be specifically designed to support the scaling up of tested innovations, along the lines pioneered by the Bill and Melinda Gates Foundation.

Fourth, for those countries with strong project management capacities, the World Bank would dramatically simplify its lending processes, following the example of the EIB. This would make it a much more efficient operational institution, making it a more attractive partner to its borrowing member countries, especially the emerging market economies.

Fifth, the membership of the World Bank would fix some fundamental problems with its financial structure and governance. It would invite the emerging market economies to make significantly larger contributions to its capital base in line with their much-enhanced economic and financial capacities. It would revamp the bank’s voting and voice rules to reflect the changed global economic weights and financial contributions of emerging markets. The bank would also explore, based on the experience of the vertical funds, tapping the resources of non-official partners, such as foundations and the private sector as part of its capital and contribution base. Of course, this would bring with it further significant changes in the governance of the World Bank. And the bank would move swiftly to a transparent selection of its leadership on the basis of merit without reference to nationality.

Conclusion: The New World Bank President Needs to Work with the G-20 Leaders to Chart a Course Forward
 
The new president will have to make a choice between these three options. Undoubtedly, the easiest choice is “business-as-usual”, perhaps embellished with some marginal changes that reflect the perspective and new insights that an outsider will bring. There is no doubt that the forces of institutional and political inertia tend to prevent dramatic change. However, it is also possible that Dr. Kim, with his background in a relatively narrow sectoral area may recognize the need for a more vertical approach in the bank’s organizational and operational model. Therefore, he may be more inclined than others to explore Option 3.

If he pursues Option 3, Dr. Kim will need a lot of help. The best place to look for help might be the G-20 leadership. One could hope that at least some of the leaders of the G-20 understand that Options 1 and 2 are not in the interest of their countries and the international community. Hopefully, they would be willing to push their peers to contemplate some radical changes in the multilateral development architecture. This might involve the setting up of a high-level commission as recently recommended by this author, which would review the future of the World Bank as part of a broader approach to rationalize the multilateral system in the interest of greater efficiency and effectiveness. But in setting up such a commission, the G-20 should state a clear objective, namely that the World Bank, perhaps the strongest existing global development institution, should not be gutted or gradually starved out of existence. Instead, it needs to be remade into a focused, effective and truly global institution. If Dr. Kim embraces this vision and develops actionable ideas for the commission and the G-20 leaders to consider and support, then he may bring the right medicine for an ailing giant.

The replenishment process for concessional resources of the multilateral development banks is broken. We have come to this conclusion after a review of the experience with recent replenishments of multilateral development funds. We also base it on first-hand observation, since one of us was responsible for the World Bank’s International Development Association (IDA) replenishment consultations 20 years ago and recently served as the external chair for the last two replenishment consultations of the International Fund for Agricultural Development (IFAD), which closely follow the common multilateral development bank (MDB) practice. As many of the banks and their donors are preparing for midterm reviews as a first step toward the next round of replenishment consultations, this is a good time to take stock and consider what needs to be done to fix the replenishment process.

So what’s the problem?

Most of all, the replenishment process does not serve its key intended function of setting overall operational strategy for the development funds and holding the institutions accountable for effectively implementing the strategy. Instead, the replenishment consultations have turned into a time-consuming and costly process in which donor representatives from their capitals get bogged down in the minutiae of institutional management that are better left to the boards of directors and the managements of the MDBs. There are other problems, including lack of adequate engagement of recipient countries in donors’ deliberations, the lack of full participation of the donors’ representatives on the boards of the institutions in the process, and inflexible governance structures that serve as a disincentive for non-traditional donors (from emerging countries and from private foundations) to contribute.

But let’s focus on the consultation process. What does it look like? Typically, donor representatives from capitals assemble every three years (or four, in the case of the Asian Development Bank) for a year-long consultation round, consisting of four two-day meetings (including the meeting devoted to the midterm review of the ongoing replenishment and to setting the agenda for the next consultation process). For these meetings, MDB staff prepare, per consultation round, some 20 substantive documents that are intended to delve into operational and institutional performance in great detail. Each consultation round produces a long list of specific commitments (around 40 commitments is not uncommon), which management is required to implement and monitor, and report on in the midterm review. In effect, however, this review covers only half the replenishment cycle, which leads to the reporting, monitoring, and accountability being limited to the delivery of committed outputs (e.g., a specific sector strategy) with little attention paid to implementation, let alone outcomes.

The process is eerily reminiscent of the much maligned “Christmas tree” approach of the World Bank’s structural adjustment loans in the 1980s and 1990s, with their detailed matrixes of conditionality; lack of strategic selectivity and country ownership; focus on inputs rather than outcomes; and lack of consideration of the borrowers’ capacity and costs of implementing the Bank-imposed measures. Ironically, the donors successfully pushed the MDBs to give up on such conditionality (without ownership of the recipient countries) in their loans, but they impose the same kind of conditionality (without full ownership of the recipient countries and institutions) on the MDBs themselves—replenishment after replenishment.

Aside from lack of selectivity, strategic focus, and ownership of the commitments, the consultation process is also burdensome and costly in terms of the MDBs’ senior management and staff time as well as time spent by ministerial staff in donor capitals, with literally thousands of management and staff hours spent on producing and reviewing documentation. And the recent innovation of having donor representatives meet between consultation rounds as working groups dealing with long-term strategic issues, while welcome in principle, has imposed further costs on the MDBs and capitals in terms of preparing documentation and meetings.

It doesn’t have to be that way. Twenty years ago the process was much simpler and less costly. Even today, recent MDB capital increases, which mobilized resources for the non-concessional windows of the MDBs, were achieved with much simpler processes, and the replenishment consultations for special purpose funds, such as the Global Fund for HIV/AIDS, tuberculosis, and malaria and for the GAVI Alliance, are more streamlined than those of the MDBs.

So what’s to be done?

We recommend the following measures to fix the replenishment consultation process:

1. Focus on a few strategic issues and reduce the number of commitments with an explicit consideration of the costs and capacity requirements they imply. Shift the balance of monitoring and accountability from delivery of outputs to implementation and outcomes.
2. Prepare no more than five documents for the consultation process: (i) a midterm review on the implementation of the previous replenishment and key issues for the future; (ii) a corporate strategy or strategy update; (iii) the substantive report on how the replenishment resources will contribute to achieve the strategy; (iv) a financial outlook and strategy document; and (v) the legal document of the replenishment resolution.
3. Reduce the number of meetings for each replenishment round to no more than three and lengthen the replenishment period from three to four years or more.
4. Use the newly established working group meetings between replenishment consultation rounds to focus on one or two long-term, strategic issues, including how to fix the replenishment process.

The initiative for such changes lies with the donor representatives in the capitals, and from our interviews with donor representatives we understand that many of them broadly share our concerns. So this is a good time—indeed it is high time!—for them to act.

In recent years, relations between the International Criminal Court (ICC) and the African Union have been crumbling. Relations between the two were once solid with strong support from AU member countries.  The ICC has had support from African countries because of the court’s ability to prevent Rwandan genocide-type atrocities and ease power differentials between small and large African nations in international trial situations. 

Brookings nonresident scholar, John Mukum Mbaku, discusses the rising tensions between the ICC and African countries in his contribution to Foresight Africa, a collection of short briefs on the top challenges and opportunities for Africa in 2014.

Read the related paper »

According to John Mbaku, some African countries see the ICC as quite problematic because of the perceived bias that the court brings mostly African criminal cases to trial.  Other countries feel their sovereignty is threatened by the court.  The African Union has gone so far as to ask member countries not to comply or cooperate with the ICC and has attempted (unsuccessfully) to withdraw from The Hague.  A major trigger for these the recent issues with the ICC and African countries was the election of Uhuru Kenyatta as president of Kenya. Kenyatta was indicted by the ICC for crimes against humanity and for allegedly inciting ethnic violence following the highly disputed 2007 elections in Kenya.  

John argues that repairing the ties between African countries and the ICC will be difficult, but might be possible through reforms to the ICC process and commitment to stronger judicial systems in African nations.

Read Foresight Africa 2014, which details the top priorities for Africa in the coming year, to learn more about the prospects for strengthening  international justice in Africa, and other critical issues for the region.

For many years, Africans have complained that the International Criminal Court (ICC) has concentrated its efforts exclusively in Africa, a process that has made a mockery of the court’s claims to bring about an end to global impunity. Some Africans have even argued that the ICC’s claims that it is helping bring about justice in Africa are not unlike those made by proponents of the colonial order established by the Berlin Conference in 1884-1885.

On Tuesday, March 11, I participated in a panel discussion entitled, “The International Criminal Court in Africa: Bias, Legitimate Objections, or Excuses for Impunity?” co-hosted by New York University’s School of Continuing and Professional Studies (SCPS), Center for Global Affairs and the International Center for Transitional Justice (ICTJ).  The program brought together experts interested in justice and peaceful coexistence in Africa to examine the role that the International Criminal Court (ICC) can play in minimizing impunity in the continent.

I was joined by Ambassador Tiina Intelmann, president of the Assembly of States Parties of the International Criminal Court; Richard Dicker, director of the International Justice Program at Human Rights Watch; and Jennifer Trahan, clinical associate professor at the New York University’s School of Continuing and Professional Studies (SCPS), Center for Global Affairs.  David Tolbert, president of the International Center for Transitional Justice, moderated the discussion.

The most important conclusions from what was a robust dialogue were that (i) it is very important that African countries develop the legal and institutional capacity to deal effectively and fully with impunity and other extra-legal activities that impede human development and peaceful coexistence; (ii) the international community should help African countries develop that capacity; (iii) the ICC should make a concerted effort to open dialogue with the African Union in particular and Africans generally in order for the court to gain a better insight into African problems, while, at the same time, help Africans understand and appreciate the nature of the ICC’s work, how it functions, and why it is a critical international body in the fight against impunity; and (iv) the ICC needs to improve openness and transparency in its activities. To make the ICC a truly international court, important countries such as the United States, India, the People’s Republic of China and the Russian Federation need to be brought aboard. Obviously, more dialogue is needed and it is my hope that soon, we will be able to undertake a discussion of this type somewhere in Africa.

During my presentation, I argued that an important part of improving relations between Africa and the ICC is that Africans must take ownership of their problems and find ways to resolve them themselves. For one thing, justice is most effectively delivered locally. Hence, the first line of business is for each African country to develop the legal and institutional capacity to deal with impunity and other governance problems. External actors, notably the ICC, should only be considered conflict-resolution instruments of last resort.

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