The creation of the International Criminal Court (ICC) in 1998 marked a substantial advance in the effort to ensure all perpetrators of mass atrocities can be brought to justice. Yet significant resistance to the anti-impunity norm, and the ICC as the implementing institution, has arisen in Africa. The ICC has primarily operated in Africa, and since it sought to indict the sitting Sudanese President Omar al-Bashir in 2008 resistance from both individual African states and the African Union has increased substantially. We draw on the concept of ‘norm antipreneurs’, and the broader norm dynamics literature, to analyse how resistance has developed and manifested itself, as well as the potential effects of this resistance on the anti-impunity norm. We conclude that the antipreneur concept helped us structure and organise analysis of the case – suggesting it could be usefully deployed in other similar cases – but that this case also suggests that antipreneurs do not always enjoy substantial defensive advantages. We also conclude that African resistance to the ICC has substantially stalled the advance of the anti-impunity norm, a finding that has significant implications for the wider effort to reduce mass atrocity crimes in the contemporary era.

Norm dynamics studies typically accord a special status to norm entrepreneurs, actors who promote new global norms. But conceptually privileging these agents of change has meant the norm dynamics literature has become unbalanced and marred by case selection bias. Accordingly, an oppositional role – the ‘norm antipreneur’ – should be recognised to correct these problems. When the normative status quo in an issue-area is entrenched, a clear distinction can be drawn between the entrepreneurs and antipreneurs, because in these contexts the antipreneurs enjoy significant but under-appreciated tactical and strategic advantages. Recognising this enables the construction of a norm dynamics role-spectrum – a sort of ‘typology of roles’ – including ‘competitor entrepreneur’ and ‘creative resister’ in addition to the entrepreneur and antipreneur roles which actors might play in particular norm contestation contexts. Understanding these roles promises to improve analyses of the dynamic interactions between actors in particular norm contestation processes, thereby bringing greater overall balance to the norm dynamics literature.1