The ICC: Time for Africa to take charge

By Wisdom Katungu

On the 12th of October 2013, the extra ordinary session of the Assembly of the African Union, in Addis Ababa sought to review Africa’s relationship with the International Criminal Court.

This decision was not only long overdue, but is very plausible and it should be the first of the several other drastic measures the continental body needs to take in order to promote the continent’s self-reliance both politically and economically in order to ensure that Africa takes its rightful place in the global village.

Although the AU did not unilaterally call for the mass pull out of its members from the ICC, a clear message was sent to the west and the world that Africa will not continue to tolerate abuse and humiliation through the biased application of pseudo international law.

I firmly believe that African countries should unanimously pullout of the ICC. The following are my reasons.

Political organ

It is no secret that the ICC is a being used by the west, through their financial influence, to become a political organ targeting the cradle of mankind. The AU has at some point described the ICC as a racist, justifiably so.

The reason for that pronouncement was based on the fact that since its inception 12 years ago, the ICC has unashamedly targeted Africans. This is despite the fact since its birth, we have witnessed the most atrocious war crimes of our generation in Iraq and Afghanistan.

The masters of those war crimes continue to walk freely. Since the inception of the ICC, the world has witnessed wanton breach of international law and disregard of the UN Security Council by the so called super powers without any consequences.

On a daily basis, the Obama regime murders innocent women and children in Pakistan through drone attacks. Where is the ICC? The ICC only becomes visible when Kenyans fight in post-election violence.

Surely the domestic courts can handle those cases effectively and the perpetrators of such violence can be brought to book through the Kenyan justice system. The ICC is clearly a political organ and it has deviated from the good intentions that it was created for.

When it was created many in Africa welcomed it as a solution to unabated conflict and impunity, a cancer that is slowing down the continent’s development. This explains why a number of cases have been brought to the court by the African countries themselves.

However, it is worrying that the court itself seems to be paying its attention only to Africa and paying a blind eye to the war mongers in the west.

To underline that the ICC cannot be taken seriously, Robin Cook, the former British Foreign Secretary once said that the ICC was not set up to bring the British prime ministers or the United States presidents to book. So the question is if the ICC is not meant for the British and American leaders, then for whom was it set up? Practice shows that it was meant for African leaders.

Selective application of justice

The ICC was purportedly created to promote security, peace, justice and reconciliation. However it has become a joke because of the way it selectively targets Africans. If the ICC could charge Omar al Bashir with war crimes for his role in the Darfur genocide and recently Uhuru Kenyatta and his deputy for their role in the Kenyan post election violence, then surely George Bush and Tony Blair should definitely face war crimes for their role in the Iraq war.

These two gangsters attacked a sovereign state without mandate from the UN Security Council and we are still waiting for them to show us the weapons of mass destruction they were looking for. All we see is unabated bloodshed and looting of oil in Iraq yet the two continue to live lives of luxury, with no justice in sight for the victims. As long as Bush and Blair roam the streets freely, the ICC remains a mirage.

African voices backing the ICC

When the AU announced its intention to debate its relationship with the Hague based ICC, some eminent African figures raised concern and raised objections to that idea. Of note were Koffi Annan, the former UN Secretary General and Desmond Tutu.

Annan pointed out that it would be shameful if African nations were to pull out of the ICC. Archbishop emeritus Desmond Tutu stated that African countries should stop Sudan and Kenya from trying to drag Africa out of the ICC.

I am particularly interested in Tutu’s comments because he has at some point called for the arrest of Tony Blair for his role in the Iraqi conflict.

However, what the 1984 Nobel Peace prize laureate fails realise is that the same ICC which has failed to bring Tony Blair to book has indicted 28 Africans for far lesser crimes than Blair and his accomplice Bush.

What Tutu is again failing to appreciate is that Charles Taylor is to serve a lengthy term in some jail a couple of miles from where Bush lives in comfort.

Legal force

The legal principles underlying the creation of the ICC leave a lot to be desired and that is why countries like American have enacted laws that protect their citizens from prosecution by the ICC.

The Americans have actually gone a step further declaring their right to invade the Hague to free Americans citizens that might have indicted and facing prosecution. The Australians have also wittingly taken similar measures.

Africans are however expected to send their citizens, including sitting presidents, to face humiliation in this sham of a court. In the recent past, the discord surrounding the court’s affairs is so humiliating from an African perspective.

An example is that of Al Bashir’s case when countries like South Africa declared that they would hand him over to the ICC if he sets foot on their territory whilst others welcomed him with both hands.

It is important now that the AU has taken a bold step in dealing with the ICC and from now onwards, we expect African countries to speak with one voice and condemn the manner in which the court operates.

Both Luis Moreno Ocampo, the first prosecutor of the ICC and Fatou Bensouda, his successor, are legal minds of great repute. Their achievements in international law should enable them to take the necessary steps to ensure that the court operates freely, fairly and consistently.

As long as the court continues its bias against Africans, Africa will unanimously pull out, rightly so. As the current prosecutor, Bensouda should spruce up the court’s damaged reputation by revisiting the conflicts in Iraq, Afghanistan, Kosovo, Libya, as well as the current drone war by the Obama regime and bring all those who have killed innocent women and children to book.

Way forward

The AU has not resolved to pull out of the ICC but that still remains an option if the court’s conduct does not change drastically. I still believe October 2013 Addis Ababa summit laid a foundation for the AU to demand respect from the west and the world at large.

The next step by the AU should now focus on the reform of the United Nations, especially the long overdue permanent seat in the Security Council. The fact Africa deserves a permanent seat on the Security Council is not debatable.

Africa cannot continue to look to Russia and China for decisions that affect the continent. The AU should build from the Addis Ababa summit and begin to take some drastic decisions aimed at uprooting poverty on the continent.

With the vast amount of mineral and other resources on the continent, Africa cannot continue to rely on aid from nations can barely survive without those same African resources. Africa needs a united voice on issues affecting the continent.

This includes uniting in stopping aggression against any African countries be it overt in the form of economic sanctions and political aggression or covert in the form of pseudo international law through the ICC.

*Katungu is a social analyst and independent political thinker based in Johannesburg. You can follow him on twitter @wizziekat