Monthly Archives: September 2013

International Criminal Court (ICC) and Africans: “Race-hunting” or Quest for Justice?

25 Wednesday Sep 2013

Posted by in African politics

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The International Criminal Court is the first permanent international court to try international crimes of genocide, crimes against humanity, and war crimes. But in an unprecedented move, the African Union (AU) is threatening to encourage its members to withdraw from the Rome Statute upon which the ICC is built. This threat comes as the AU is spearheading a campaign to pressure the ICC to drop charges or transfer to Kenya, the cases against Kenyan President Uhuru Kenyatta and Vice-president William Ruto. Both men are accused of crimes against humanity following the 2007- 2008 elections in Kenya.

In September 10, 2013, Mr. Hailemariam Desalegn, Prime Minister of Ethiopia and Chairman of the African Union wrote a letter to the ICC copying the UN Security Council (UNSC) formally demanding that the charges against both statesmen be dropped. On October 13, 2013, the African Union will hold an extraordinary summit in Addis Ababa to determine its political relationship with the ICC; African leaders are threatening a mass withdrawal from the Rome Status. If the withdrawal is materialized, the ICC will be seriously crippled; it will not disappear, since it can continue to try cases referred to it by the UNSC; but its political legitimacy will be seriously undermined given that the Court legitimacy derived from the consent of countries parties of the Rome Statute, of which Africa countries represent more than 1/3 of the total, 43 out of 122 countries.

There is no secret to the fact that, since the indictment of President Al-Bashir of Sudan on charges of genocide and crimes against humanity, African leaders have been suspicious of the ICC. In 2009 from the African Union summit held in Syrte, Libya, African leaders requested without success that the case against Omar Al-Bashir be dropped to give peace a chance in Sudan. While criticisms of the ICC by African leaders have been mounting, the latest threat of complete withdrawal from the Rome Status is the boldest move so far. Two main criticisms are leveled against the ICC by African leaders:

Selective prosecution or “race-hunting” – All the current eight situations before the ICC are exclusively from Africa (Sudan, Democratic Republic of Congo, Uganda, Central African Republic, Kenya, Libya, Cote d’Ivoire and Mali) and the thirty people indicted are all Africans, proceedings against twenty three of whom are ongoing. The profile of people indicted ranges from current and former heads of states to leaders of militia groups. These statistics have prompted Prime Minister Hailemariam Desalegn, Chairman of the African Union, to lament in front of reporters on May 27, 2013, that “The intention [of the ICC] was to avoid any kind of impunity…but now the process has degenerated into some kind of race-hunting.” It has to be noted however that four situations (Uganda, Mali, Democratic Republic of Congo, and Mali) were referred to the ICC by governments of these states.

Lack of legitimacy and Politicization of the ICC – This criticism is based on the complex relationship that exists between the ICC and the UNSC. The UNSC has the ability to refer to the Court situations over which the Court would not otherwise have jurisdiction; and the UNSC also has the ability to suspend investigations and prosecution at the ICC. The ICC therefore it is argued, is inherently influenced by the political processes and interests of the UNSC members; and the fact that three of the permanent members of the Council (Russia, USA, and China) are not even members to the Rome Statute, poses serious questions of legitimacy, to the extent that this legitimacy derived from the consent of the members.

While these criticisms hold some truth, it is worth noting that the last wave of outrage against the ICC by African leaders is in part due to the profile of the people indicted and not by the nature of the alleged crimes neither the profile of the victims. None of the arguments behind the AU campaign is framed around the plea of the families of the 1300 people killed during the 2007 and 2008 post electoral massacres in Kenya, or the more than 400 000 deaths of innocent lives in Darfur, neither the thousands of child soldiers whose dreams have been drawn in the blood of victims of the war in Eastern Congo.

With this frame of mind, how can a withdrawal from the Rome Statute help address the impunity and the injustice, the ICC was set to address in the first place?

There are talks of creation of an African Criminal Court to try crimes of genocide, crimes against humanity, and war crimes committed in Africa by Africans or non Africans; a sort of ICC for Africa. This solution may be very attractive, as it espouses the slogan “African solutions for African problems” but it is costly as well. According to an article by Mbougeng in all.africa.com, the average cost of a trial at the ICC is 20 million USD, which represents 14% of the operating budget of the AU; the International Criminal Tribunal for Rwanda had a budget of 130 million USD in 2010. These numbers should help African leaders put things into perspectives and think of more realistic alternatives as they ponder their next move.

Maybe instead of opting for a massive withdrawal, African countries should use their leverage as the majority bloc in the Rome Statute to improve the functioning of the ICC, help it put more emphasis on principles of peace and reconciliation rather than just retributive justice; which does not necessarily recognize the pains and suffering of the victims. As African head of states gather on October 13, in Addis Ababa to consider the withdrawal from the Rome Statutes, I will encourage them to also consider ways of improving national courts, the rule of law and good governance in their respective countries, so to lessen the reliance on an International or African Criminal Tribunal in the first place. Only then can justice, peace and reconciliation be served!

Central African Republic: Descent into Chaos

20 Friday Sep 2013

Posted by in African conflicts

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Since the March 24, 2013, coup d’état that toppled President François Bozizé  of the Central African Republic (CAR), the country has  fallen on a downward spiral of lawlessness and chaos largely unnoticed by the international community and the media. Looting, extra-judicial killings, displacement and frequent outbreak of diseases have become the daily norm for this landlocked African country of 4.6 million inhabitants. According to UN agencies, since the coup, 206 000 people have been internally displaced (about 20% of the population), including 100 000 children. Furthermore, food insecurity affects 10% of the population.  

Last week in the Northeast part of the country in Bossangoa, clashes between forces loyal to the deposed President François Bozizé and the Seleka coalition of rebels killed more than 100 people. These violent confrontations accompanied with constant attacks on Muslim communities add another level of communal tension in an already unstable and volatile environment. As casualties amount and the country descend into political and civil unrest, neighboring African states in the frontline (Cameroon, Chad, Republic of Congo, Democratic Republic of Congo, and Sudan) hope the international community will “help” by  increasing the 2000 strong peacekeepers  of the Multinational Force of Central Africa (FOMAC) into a UN peacekeeping force of 3 600 peacekeepers. These numbers are a drop in the bucket, given the size of CAR (622 884 sq Km, bigger than France) and the extent of the chaos.

Michel Am-Nondokro Djotodia the new “homme fort” (strong man) with the Seleka coalition that brought him to power fails to secure the country.  Instead, the Seleka coalition presents itself as a disparate group of bandits, mercenaries and thugs responsible for massive abuses and crimes on innocent civilians. Disarming Seleka and bringing a sense of security has been a tough order for Djotodia, who is becoming  more marginalized by neighboring countries, including Chad and Sudan who have  supported  the Seleka coalition during the coup d’état. After been ridiculed in past sub regional  summits in N’djamena and Libreville; Michel Djotodia has recently learned that he will not be welcomed in the United Nations General Assembly this September; an event which he hoped would have given him the legitimacy and stature of head of state.

As the world is painfully learning in Syria, Libya, and Somalia, failed states are magnets to all sorts of ill intentioned groups, who seize ungoverned spaces, surf on legitimate grievances and fears to spread their radical views.  These radical groups further establish organized networks and bases to conduct both violent activities and illegal trafficking. Minerals and timber from the dense forest of CAR are certainly up for grab!

As the African Union remains indecisive and countries in the frontline continue to wait for France and the UN Security Council to provide financial and military assistance; the Lord Resistance Army (LRA) is charting its paths in the forest of CAR. Bokom Haram from Nigeria is assessing potential rear bases and other Al Qaeda affiliated groups chased out of Mali are also planning their next safe havens in the country. Not to forget merchants of death who are invested in the lucrative barter trade of minerals versus weapons.

Central African Republic is geographically located at the center of the African continent.  It’s not too late for African leaders to remove the dagger that is transpiercing the heart of the continent; and by so doing, give a real meaning to the slogan: “African solutions to African problems.”