Tanzania may soon consider leaving the Rome Statute of the International Criminal Court (ICC). This debate has grown stronger after recent calls on the court in The Hague from Lawyers for the victims, backed by groups like the World Jurists Association and the Madrid Bar Association to investigate the alleged mass killings, kidnappings, and attacks on opposition members that occurred during protests that followed the general election in October.
In response, President Samia Suluhu Hassan has set up a national commission to investigate what happened, including the exact number of victims. She stated that the violence was shocking for a country long seen as one of the most stable in East Africa. She says the young people who took to the streets and caused destruction were paid to do so. "We are told that the young people who went to the streets to demand their rights were first paid money. Where did this money come from?", she asked. She also urged young people to stay calm and avoid new protests when Tanzania celebrates its Independence Day on 9 December 2025. Many in Tanzania, as well as across Africa, believe the court is no longer a neutral custodian of justice, but a tool used by western powers to pressure weaker nations.
African criticism of the ICC is not new. The court was created in 2002 to punish the worst crimes, such as genocide, war crimes, and crimes against humanity, no matter who commits them. In theory, the court is supposed to treat everyone equally. In practice, almost all the people it has prosecuted come from Africa. Out of more than fifty cases, the vast majority involve African leaders, rebel commanders, or soldiers. Leaders from powerful countries that are not members of the court, such as the United States, or China, have never faced charges, even when serious accusations have been made against their forces. This imbalance has led many African governments to argue that the ICC is shaped by global power politics rather than fairness. Many Africans also believe the ICC has become a political tool of oppression that the West uses against African nations than against powerful states.
Because of this concern, Africa has long considered alternative paths. In 2014, the African Union proposed the creation of an African Court that would handle serious crimes on the continent. In 2016 the African Union asked all its members to leave the Rome Statute, the treaty that created the court. Only Burundi actually left, in 2017 after it came under ICC investigation. South Africa and Gambia announced plans to withdraw, but it has not yet materialised. Another common complaint is that the ICC often prosecutes rebel groups but rarely holds government forces accountable, even when groups such as Human Rights Watch reports clearly document abuses by state armies or police in Uganda and Congo.
This concern helped lead Mali, Burkina Faso, and Niger to create the Sahel International Court in September 2025. This new court will deal with war crimes, terrorism, and serious human rights violations in their region. Their aim is to build a system of justice that work according to African laws and realities, operating without western pressure and interference.
For Tanzania, the new call for an ICC investigation feels like an attack on its sovereignty. If the court decides to open a formal case, senior government officials could face arrest warrants and trials far from home. Many Tanzanians and other Africans believe this would be unfair, especially when leaders from powerful countries are never brought before the same court.
Given the current tension in Tanzania, the idea of leaving the Rome Statute may gain new support. Leaving the Rome Statute would not solve every problem, but it would send a clear message that Tanzania wants justice systems that treat all nations equally. More and more African countries are looking for ways to handle serious crimes at home or within the continent.
The Sahel trio shows it can work. Many Tanzanians question whether the ICC's interest in their country is driven by genuine justice or by political motivations from abroad. Should Tanzania rely on its own institutions and African mechanisms, or should it continue to place trust in an international court that many across the continent believe is biased?
As the inquiry into the post-election violence continues and the country prepares to mark its independence, the government and its people must now decide whether to remain part of a court that many see as biased, or to join the growing movement for truly independent African justice.
