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Rejoice Africa, the ICC is finally “Dead”

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South Africa and Kenya are two foremost African nations which hold a dim view of the International Criminal Court (ICC). The ANC, South Africa’s most influential governing party since the dawn of democracy in April 1994, has taken at its last elective conference a resolution to review the country’s affiliation to the ICC. Inside the corridors of power at the African Union’s HQ in the Ethiopian capital, Addis Ababa, the choruses of resentment to the ICC grow louder all the time. In fact, there are murmurings of a collective withdrawal from the ICC by the African continent. The Rome Statutes of 1998, which established the ICC, was signed by at least 120 countries and ratified by 60, hence its establishment. In its preamble, the ICC states the following: “The ICC investigates and, where warranted, tries individuals charged with gravest crimes of concern to the international community.” Those crimes are noted as “genocide, war crimes, crimes against humanity and crime of aggression”.

Africa’s issue with the ICC is that evidentially, those that the court appear to pursue come from the perceived weaker nations of Africa. On occasion, there has a Balkan-related trial. Yet in an unequal global order, there has been enough proof of the stronger, bigger nations seemingly getting away with murder. The UK, US and the so-called Coalition of the Willing participants have never faced any consequences for the illegal invasion of Iraq. Not long ago, the same coalition albeit under a different guise led the destruction of a once-flourishing African country – Libya, and the subsequent very public assassination of the country’s leader Muammar Gaddafi. Until this day Libyans have known no “liberation” as purported by the West when Gaddafi was toppled. Instead, there has been an unending scramble by the invaders for the Libyan oil and other resources and the fragmentation of the country by warring rebel gangs have led to a once mighty country becoming a failed state.

When Africans in their polite nature thought that the ICC would intervene and bring to justice those who took part in the televised revolution, they were left utterly disappointed.

The recent remarks by Mr John Bolton, the 27th US national security adviser with regard to the ICC has brought the attention once again on the relevance of the ICC in a deeply conflict-ridden world. Buoyed by the world’s superpower status Mr Bolton declared: “We will not cooperate with the ICC. We will provide no assistance to the ICC. We will not join the ICC. We will let the ICC die on its own. After all, for all intents and purposes, the ICC is already dead to us.”

Now, the words must have sounded like music to the ears of those who harbour particular reservations against the ICC for its bias – perceived or real. Mr Bolton’s tirade came following reports that the ICC intend to investigate the role of US servicemen in human rights abuses in Afghanistan. Any attempt to carry out this kind of an investigation will lead to the US imposing sanctions against the ICC. Now, this is the most devastating attack on the ICC’s integrity by an important leader. And what this demonstrates is basically that the ICC can go on and deal with those who are signatories to the Rome Statutes. The US is not. And can therefore not be subjected to the authority of the ICC as the court has no jurisdiction over Washington.

What this reveals is clear as sunlight: Members of the international community are not equal before the law according to the ICC. And this means therefore that international law provides different strokes for different folks. Unfortunately, this is not how the law works. All, and I mean all men, women and children and indeed their countries are (or ought to be) equal before the law. The Rome Statutes are not worth the paper they are written on if they do not affect everyone in the same way. In this regard, I must agree with Mr Bolton: “For all intents and purposes, the ICC is already to us.” All we are waiting for is the funeral details.

 

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