MATSANGA: Why Africa Must Quit ICC Under Article 127

 

In 1998 in Rome I witnessed the formation of ICC by the late Dr Kofi Annan. Most of us seated in that Hall in Rome thought that the ICC would bring justice to the world. Over 20 years past I regret.

Corruption and non-member capture by USA and influence from some activists has destroyed the same ICC court. The highest Altar of Justice in the world ICC has turned to political with-hunt as a tool and also to selective justice thereby targeting only one continent of the world where it harvests its suspects for the menu and food.

The failure by ICC Court to adhere to the aims and objectives of the Rome Statute and by ICC being used by France and USA to target their opponets in Africa leaves only one option of escape for Africa -Article 127 of the Rome Statute. Time is now for Africa to quit from the colonial caricature called the International Criminal Court.

I have campaigned against ICC since 2005 the first case of Uganda in the ICC Court. I have no regrets for opposing the ICC court. From Pan-African lens, the ICC Court has been an expedient vassel and conduit for the West to continue executing their turpitude and vile agenda as the unipolar colonial watchdog.

The truth is that more than 20 years since its formation, the ICC has failed terribly in its mandate because the introduction of the court has not achieved what was intended for even by a soupcon.

The pressure on ICC to issue Warrants of arrest for those targeted by USA which is not a State Party of the Rome Statute or an affiliate of ICC and of which the same USA failed to ratify the Rome Treaty of 1998, is the most worrying thing on earth .

In my solicitous opinion, the court failed to live up to both its mandate and expectations. Above all, it failed to save and serve victims. The court’s performance does not match the pomp and fanfare that accompanied its launch in 1998.

Just eight frivolous, “African Only” fabricated convictions, all in nearly two decades and billions of dollars spent and nothing else to show for it, is dismal to say the least. It will be foolhardy and bigoted that Africa should continue being subject to this stooge Court, and worse still continue to pay subscription to it.

Those who are indeed delusioned to think ICC can be a panecea of African problems are indeed mistaken, the denouement of ICC has been all along to focus on African cases to the exclusion of developed countries as well as developing regions such as Latin America.

From its headquarters in The Hague, ICC court smells nothing but neocolonialism, spite and venom against Africa, if anything is to go by, the current asymmetrical conduct of the court when dealing the former colonisers and the formerly colonised people is a continuation of colonialism executed in subtle forms.

Looking at the the Rome Statue’s Preamble which is unequivocal in its intentions, jurisdiction and vision to: “put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes.” One sees the contrary done on African continent by ICC.

I believe that far from it, none but the ICC court has abused the very Preamble by instigating and pressing charges against individuals on shambolic charges and procured or bought witnesses which is a glaring travesty of justice. All these are on record. I have proved to the world that all cases in Africa were faked.

I must state here that people died. I will never say that they did not die, yes they did die but wrong suspects or people or selective justice took center stage in Investigations where ICC indicted political oppobents of those in Power in Africa.

The ICC first Prosecutors Luis Moreno Ocampo and Deputy Fatou Bensouda did a shoddy job that have dented the credibility of ICC court beyond redemption . There is no need of an African looking for Justice in The Hague.

Despite corruption, deceit, and clumsiness by the ICC court, most African countries continue to dig their heads in the sand like the proverbial Ostriches hoping that the bushfire won’t burn them, but eventually succumb to the ugly fate. The fate is coming soon.

In the Rome Statute of 1998 there lies an Article 127 – of Withdrawal from ICC once the marriage faces turbulance. “A State Party may, by written notification addressed to the Secretary-General of the United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date”.

Why do Africans complain about the ICC, threaten to leave, but yet stick around it like a boy throwing tantrums to reprobate his father who has denied him filial obligation. Many countries have talked about pulling out of the ICC, but yet eventually they flipflop and the clamour soon falls into a pin-drop silence.

Time is nigh for Africa to walk the talk of invoking Article 127 of the Rome Statute and quit ICC for good, for its marriage with Africa has been untenable, abusive and exploitative. Therefore, Africa stands to lose nothing by divorcing ICC.

MALABO PROTOCOL presents the best route Africa can take after rejecting the ICC .In June 2014, the African Union (AU) adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human rights (Malabo Protocol).

The Protocol extends the jurisdiction of the yet-to-be established African Court of Justice and Human Rights (ACJHR) to crimes under international law and transnational crimes.

The Court will have jurisdiction to try 14 different crimes, including genocide, crimes against humanity, and war crimes. The ACJHR, as envisaged in the Malabo Protocol, can play a vastly positive role in a continent persistently afflicted by the scourge of conflict and impunity for crimes under international law.

The report calls on AU member states to amend specific provisions of the Malabo Protocol. This would help Africa to build its own institutions instead of looking for solutions from a skewer diplomatic courtin The Hague

By quitting under Article 127 Africa will never again be threatened by imperial systems that USA has refused to ratify. It is here where the AU has failed to rally its member states to speak with one voice on the matter.States like South Africa have worked like turncoats in ICC .

However by staying and clinging on the jurisdictional whims of the ICC court, Africa becomes the greatest loser and will continue to lose while the ICC court assiduously continue to pursue a neo-colonial agenda.

I submit to Africa that you cannot continue doing the same thing the same way and expect different results, let’s say adios to ICC under Article 127 so that we don’t regret in 2 years time. A conflict prone continent would have been the first one to quit such a miserable organisation called ICC.      BY CAPITAL NEWS