Is the International Criminal Court fair?

Since the conception of the International Criminal Court in 2002, ten situations of war crimes are under investigation, nine in Africa and one in Georgia. The nine which are in Africa include Dr Congo, Uganda, Central Africa Republic 1, Sudan, Kenya, Libya, Ivory Coast, Mali and CAR 11.

Preliminary investigation are however underway in seven more countries includindg Afghanistan, Colombia, Nigeria, Guinea, Iraq, Ukraine and Palestine. In perusing the Rome Statutes, the prosecutor can initiate an investigation on the basis of a referral from any state party or from the United Nations Security Council. Additionally, the prosecutor can initiate investigations proprio motu (on the prosecutors own accord) on the basis of information on crimes within the jurisdiction of the Court received from individuals and organisations.

Presently, four states Party to the Rome Status - Uganda, the Dr Congo, the Central African Republic and Mali- have referred criminal situations occurring on their territories to the court. Apparently, although AU members are the highest to initiate referrals, they still feel threatened by the ICC on reasons of biases. Recent calls by AU members to pull out of the ICC are receiving positive responses. This comes as the Executive Council of Foreign Ministers of AU member states have been given the green light to plan on how African countries will collectively exit the Rome Statute. Kenyan President Uhuru Kenyata, who happens to be the brain behind this proposal said that he and his deputy Willam Ruto have been subjected to “cases built with weak investigations and pursued with politicised zeal” by the ICC. “In the face of a mutating global terrorist threat that is costing us lives and great economic loss, in the midst of playing our part in meditating multiple peace processes in our region, we have to contend with an ICC persusing weak and politicized cases....”, said the Kenyan President. The new AU chairman, Chad’s President Idriss Deby also accused the ICC of targeting African Leaders.

In the logic of the AU, there are war crimes, being committed in other parts of the world. These war crimes are committed by very powerful states including and not exclusive of France, United Kingdom and the United State of America. For instance a situation (case) could be made of Libya; there were serious violations of international laws here, namely, (i) in relation to the third Geneva Convention in 1929 which suggest that the moment that a party to an armed conflict is captured, such a person shall at all times be humanly treated and protected, particularly against acts of violence, from insults and from public curiosity. Measures of reprisals against them are forbidden.

This right is applicable to all prisoners of war except Muammar al Gaddafi whose right as a human being was violated when he was captured alive. He was repeatedly verbally and physically abused before being killed shortly after. He was executed by a young Western backed National Transitional Council fighter named Sanad al-Sadele al-Ureibi who even claimed he shot Gaddafi after capture because he did not want him alive. His body was then publicly displayed in what looked like a commercial freezer. This act by the NTC was not only criminal but barbaric. This blatant violation of the Geneva Convention led Christof Hens, UN special Rapporteur on extra – judicial killing to instruct on 21st October that “the manner of the deposed leader’s killing could be a war crime” in an RT report on October 22. This same fate was decided to Gaddafi's son Mutassim Gaddafi by his “judges and killers”, the Western Backed NTC and Nato forces. Who takes the blame for this? Legally speaking, (a) Snadal – Sadele is liable, (b) the NTC leadership (c) NATO force for their participation ( or complicity) and (d) leaders of France, UK and US but of course the are untouchable.

Again, UNSC resolution 1973 adopted in 2011 was also violated. The resolution was to establish a “no fly zone” above Libya in order to protect civilians against air power of waring parties and not to authorise attack, something I am sure Russia and China would have vetoed. Gaddafi’s convoy was fired at by a French fighter jet confirmed by French Defense Chief Gerard Longuet. Instead of denouncing the death of the Colonel, Western powers reacted joyfully as exhibited by the U.S State Secretary Hilary Clinton who exclaimed in an interview to CBS NEWS saying “wow!” “we came, we saw, he died”. President Obama said “Without putting a single US service member on the ground, we have achieved our objective” thus eliminating Gaddafi and setting up a puppet regime. Libya the then powerful country with free education and electricity as well as other basic benefits under a 'dictator' Gaddafi is now torn apart after U.S visited them with 'democracy, freedom and human right'. A once peaceful country is now the training ground for terrorists.

Iraq

In Iraq, 2003, the situation was similar. according to theWest, Sadam Husein was carrying weapons of mass destruction but after he was killed the weapons were not found. In that war against Sadam, 1,455000,590 Iraqis were slaughtered; official records in U.S suggests that 4,800 U.S soldiers died in Iraq according to informationclearinghouse.info. And then British Prime Minister offers a qualified apology for the use of misleading intelligence. That was all he needed to say because he has immunity from prosecution. Further cases of countries that were either introduced to “Democracy” or “War on Terror” include Afghanistan, Yemen, Syria, Palestine and many more.

Yemen

In Yemen, over the last 10 months, over 8,000 civilians lives are lost, 15,180 civilians handicapped for life and 75,000 family homes are destroyed from 163,000 Saudi led coalition airstrikes according to Yemen Post figures. As warned by the UN General Secretary last month January that the Saudi led coalition that is supported by the U.S may have committed war crimes by using cluster bombs in heavily populated neighbourhood in Yemen. Washington provided intelligence, targeting information and logistical support to the air coalition. Mr. Stephan Dujaric, spokesperson for UN said “As a matter of principle, those who sell arms also bears some responsibility in how they are used”. The spokesperson further said on behalf of the Secretary General, that Ban “is deeply concerned about the intensified airstrikes and ground fighting and shelling in Yemen, despite repeated calls for renewed cessation of hostilities”. In January 7, Human Right Watch report, Steve Goose, Arms Director said “The coalition’s repeated use of cluster bombs in the middle of a crowded city suggest an intent to harm civilians, which is a war of crime. These outrageous attacks show that the coalition seems less concerned than ever about sparring civilians from war’s horrors”. The U.S supplied the Saudi military with cluster bombs between 1970 and 1995.

Palestine

In the Occupied Palestinian Territory, over 2000 Palestinians are killed and many more injured. Meanwhile, the U.S has exercised it veto powers to halt any UNSC resolution to condemn and sanction Israel for her crimes. The United Nations General Assembly has adopted a number of resolutions saying that the strategic relationship with the U.S encourages Israel to pursue aggressive and expansionist policies. The 9th Emergency Session of the GA was convened at the Security Council because the U.S blocked efforts to adopt sanctions against Israel. The U.S responded to frequent criticism from UN organs by adopting the Negroponte doctrine. This doctrine states that the U.S will oppose any Security Council resolution concerning Israeli – Palestinian conflict that condemns Israel without condemning “terrorist groups”. In effect, Israel and U.S commits war crimes with impunity.

Syria

An attempt to overthrow Syrian president Bashar al Assad and possibly tear the country apart by dismembering it in pursuit of geopolitical and economic gains which is in line with the Wolforwitz doctrine was near completion, but for the decisive and timely intervention by Vladimir Puttin. Since coalition forces consisting of over 60 countries led by the U.S began airstrikes in Syria without permission from the Syrian government, which is a gross violation of international law, over 250,000 civilians are killed, eleven million more displaced flooding Europe with a refugee crisis. Apart from these, one also talk about secret detention sites and places like Guantanamo Bay that serious human right violation occur everyday. To make matters worse, international mainstream media has become mouthpieces for the neocon establishment of warmongers through which they manufacture global consent for toppling unfavourable regimes disguised as democracy.

The AU's logic for opting out of the Rome Statute is not that African leaders should not be tried when they commit such crimes, but as the anti-apartheid hero and Nobel peace prize winner Archbishop Desmond Tutu puts it “ On these grounds, alone, in a consistent world, those responsible for this suffering and loss of life should be treading the same path as some of their African and Asian peers who have been made to answer for their actions in The Hague”. This, I think is a legitimate claim, after all, the ICC is not an African but a global institution.

The writer, Michael Tawiah Botei is a journalist, a social commentator and a past student of the Ghana Institute of Journalism. He can be reached on mickin1988@gmail.com.