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- miltonlaw: Africa and the Concept of Positive Complementarity The answer to the allegation that Africa is inappropriately targeted by international criminal court could as well lie in the sui generis concept of positive complementary. My doctoral thesis research title is: The international criminal court and positive complementarity: Institutional and legal framework. I. Introduction It is the... (more)
- almariam: Saving the ICC: A Proposal for a Witness Protection Program Justice delayed, again? In late January of this year, I wrote a commentary entitled, “Kenyatta at the ICC: Is Justice Deferred, Justice Denied?” In that commentary I openly expressed my angst over the endless delays, postponements and backpedalling talk about “false evidence” and “lying witnesses” surrounding the Uhuru Kenyatta trial at The Hague. I felt there was perhaps... (more)
- almariam: Kenyatta at the ICC: Is Justice Deferred, Justice Denied? I am getting a little jittery over the repeated delays, postponements and all the backpedalling talk about “false evidence” and “lying witnesses” in the Uhuru Muigai Kenyatta International Criminal court trial. I don’t want to say I smell a rat but I feel like I am getting a whiff. Is the stage being set to let Kenyatta off the ICC hook? There has been feverish... (more)
- Marius_: How can we choose to hide behind claims of moral inappropriateness when - in fact - these crimes are indeed taking place on sacred African soil!? Yes! It is imperative that the ICC should, despite the influence of the 'Powers-that-be', focus on initiating proceedings on crimes within its jurisdiction taking place outside the African continent, so as to meet the dictates of fairness. But that is not to say that the ongoing cases in Africa are without their individual basis. The victims of those... (more)
- ecalmeyer: Mass African Withdrawal from the ICC: Far from Reality Introduction One hundred and twenty two countries are States Parties to the Rome Statute of the International Criminal Court (“ICC”).1 Thirty-four are in Africa, making African states the largest continental bloc of ICC signatory countries.2 Many African nations believe that the International Criminal... (more)
- John Litwin: The International Criminal Court and African Politics Introduction Given the recent vote by the Kenyan parliament to withdraw from the Rome Statute,1 it is necessary to examine the non-meritorious, political reasons that may be motivating the proposed African boycott of the International Criminal Court (ICC).2 Comprising over a quarter of all member-states,3 a withdrawal from the ICC by... (more)
- Jenevieve Discar: Potential ICC Responses to Kenya’s Proposed Withdrawal Introduction Kenya’s recent, precedent-setting vote to withdraw from the ICC highlights the critical nature of this debate; regardless of whether the ICC is actually unfairly biased towards Africa or not, the perceived bias is greatly affecting its reputation and its ability to operate effectively. Kenya’s withdrawal should... (more)
- emilygiven: Complementarity: Too Stringent a Test? While critics claim that the ICC’s focus on crimes committed in Africa is inappropriate, its defenders cite the Prosecutor’s preliminary examinations of non-African crimes as evidence to the contrary. Because the Office of the Prosecutor is evaluating situations outside Africa with an even hand, defenders argue, the Court exhibits no bias against Africa. Several preliminary examinations of non-African... (more)
- karen.kwok: Syria: a Case Study of the ICC’s Limited Jurisdiction Since its inception in 2002, all situations under investigation or prosecution have been in Africa. Critics have claimed that the ICC’s focus on Africa has been inappropriate. In particular, the ICC has been accused of having an African-bias in situation selection. However, such critiques regarding ICC’s unfair targeting of Africa... (more)
- kennygbite: The question “Is the International Criminal Court targeting Africa inappropriately?” is influenced obviously by the fact that all the cases so far being handled by the ICC fall within Africa as if crimes within the jurisdiction of the Court are not taking place in other continents. However, assuming Africans so far indicted by the Court actually committed these crimes, should the question still arise simply because their counterparts in other continents are not being investigated nor prosecuted... (more)
Comment on the Africa Question: “Is the International Criminal Court targeting Africa inappropriately?”
The International Criminal Court and several other international organizations have always considered Africa as a weak link where they can test their numerous concepts and also as a perfect platform for them to show their supremacy.
Article 13 of the Rome Statute lay down the conditions in which the International Criminal Court can exercise its jurisdiction,'Article 13 Exercise of jurisdiction
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.'
Article 5 on its part contains crimes within the jurisdiction of the International Criminal Court, 'Article 5 Crimes within the jurisdiction of the Court
(a) The crime of genocide;
(b) Crimes against humanity;
(c) War crimes;
(d) The crime of aggression.
Since the inception of the International Criminal Court in 2002, all matters that have been referred to the court are from Africa being citizens from Uganda, Kenya, Democratic Republic of Congo, Ivory Coast, Libya, Sudan and Central Africa Republic. The following matters are being referred either by the countries or by the United Nations Security Council.
On the strength of the above paragraphs, it is very clear that although some nations have not ratified the International Criminal Court Convention this does not in any way prevent the International Criminal Court from instituting actions against citizens from such nations since by its Article 13 matters can also be referred to the court by the United Nations Security Council or by its own motion.
However it is sad to say that since the inception of the court in 2002 all the cases that have been brought before the court are from Africa. Does this imply that since the inception of the court only Africans have indulged in criminal activities that falls within the jurisdiction of the court? Or can we safely say that the reasons why citizens from western nations have not been brought before the court is because they are amongst the big financiers of the court “he who pays the piper dictates the tune”.
From the actions of the International Criminal Court so far, it is very glaring that Africa is the only continent where it can exercise its authority which is contrary to one of the major reasons behind its creation (social justice).
The actions of the International Criminal Court and other international organizations clearly shows that Africa is been considered as their testing ground and as a place where they can show their supremacy. This continuous disrespect and black listing of Africa have contributed immensely towards the destruction of its reputation and have also affected the self esteem of most Africans.
Africa has always been painted as a continent of wars, diseases, hunger, poverty and hopelessness. Africans are been looked upon by citizens of other continents as under dogs. This continuous show of disrespect and other demeaning appellations like Dark Continent, Underdeveloped Continent, and Third World are amongst the major reasons of the snail pace growth rate in Africa. Such appellations in this 21st century is tantamount to taking hope away from the Africa people, that is no matter how hard we try, our image and status can never be augmented.
My opinion should not in any way be misconstrued to mean that Africa or its people are all righteous but that in administering justice, the International Criminal Court and other International Organizations should adhere to the principles of equality and fairness.