UNAMID welcomes Cessation of Hostilities announcement (03.11.2016)

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UNAMID has noted and welcomes the earlier announcement by President Omar Al Bashir on 10 October of a unilateral cessation of hostilities till the end of this year.

EL FASHER, Sudan, November 3, 2016 – The African Union-United Nations Mission in Darfur (UNAMID) welcomes the unilateral six-month cessation of hostilities jointly declared by, among others, the Sudan Liberation Army-Minni Minnawi (SLA-MM) and the Justice and Equality Movement-Gibril (JEM-Gibril), which entered into effect on 31 October 2016. UNAMID has noted and welcomes the earlier announcement by President Omar Al Bashir on 10 October of a unilateral cessation of hostilities till the end of this year.

Although mindful of existing challenges, UNAMID acknowledges the positive opportunity such a cessation of hostilities offers. It is hoped that such gestures would encourage all parties to the conflict to commit to a negotiated solution, including through the signing of the cessation of hostilities document presented to the parties by the African Union High Level Implementation Panel (AUHIP) and in line with the Roadmap Agreement.

UNAMID’s Joint Special Representative, Martin Uhomoibhi, commended the declaration and used the opportunity to, once again, call upon Abdul Wahid El Nur, leader of the Sudan Liberation Army- Abdul Wahid (SLA-AW), “to make a similar declaration to signal a genuine intent that peace is a strategic choice for him and his movement.”

“Each other party to the conflict has made gestures to indicate willingness to engage in peace; now is the time for Mr. El Nur to make such a gesture,” JSR Uhomoibhi added.

In this regard, the Joint Special Representative reiterated UNAMID’s commitment to continuing to work for the achievement of its mandate to protect civilians in Darfur and creating a conducive environment for sustainable peace in the region.

Sudan: Joint Declaration of the Armed Forces of the Sudan Revolationary Front (31.10.2016)

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Burundi: A look into the UN Report of September 2016; Gross Human Rights Violations from Imbonekura and other state agents; So that President Nkurunziza can stay in power!

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Burundi has been in turmoil ever since the current President Pierre Nkurunziza decided that himself we’re more important than the nation he was running. His power and position we’re more the key needed in his equation. Nkurunziza used the Supreme Court and Parliament to get a third term and a second election in his favour as Opposition didn’t even turn out. After that the oppressive behaviour and harassment has been genuine, as the Police and Imbonerakure has been used to assassinate, kill, detain and torture the ones who doesn’t follow the party line of Nkurunziza.

After this the UN has dropped a resolution, had a peace-talks designated from the East African Community (EAC) and H.E. Benjamin Mpaka, but that hasn’t gone anywhere as the little Police Force from the UN is powerless, while the Peace-Talks haven’t even had all parties that needed to compromise as the Nkurunziza party has banned and dislodged them. So the Central Government does what it can to control them by force and intimidation.

Because of these violations and the fear of spreading information and Intel about it the press, the government has a month after the release of the UN Report done this: “A letter signed by Foreign Affairs Minister Alain Aime Nyamitwe said Pablo de Greiff of Colombia, Christof Heyns of South Africa, and Maya Sahli-Fadel of Algeria were no longer welcome in Burundi” (BBC News, 2016). So the Burundian Authorities didn’t like the effect of them there and therefore acted with silencing them like they are doing with civil society and citizens already. Now, not letting people in from the UN and as the UN mandate to make sure the Burundian Government acts righteous towards own citizens, is a crime in the eyes of Burundian Authorities, therefore, I had to look through this report. A government cannot cry that much and cry foul over nothing. Here is what I see as key aspects of it.

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Therefor days after the UN Experts released a report on Human Rights violations these we’re the words:

“The UN experts collected unverified information and did not mention sources for their report’s credibility”, deplores Martin Nivyabandi, the Minister of National Solidarity, Gender and Human Rights. He said that the UN experts toured Burundi and saw plenty of positive work but they didn’t mention anywhere the progress observed on the ground. “During their stay in Burundi, the UN experts met different officials of Public institutions involved in the Human Rights, but unfortunately, the report did not take into consideration improvements on the ground. This UN investigation is a political report rather than being technical”, the Minister said” (…) “In a statement issued on 22 September, the ruling party rejects the allegations of the UN report. «CNDD-FDD rejects unverified accusations and dangerously biased contained in that report, apparently the result of a vicious campaign against the regime, the manipulation of public opinion, which is in line with the destructive business”, said Evariste Ndayishimiye, Secretary General of the ruling party. (Uwimana, 2016).

If you would expect that the Burundian Government would have praised a UN Report on Human Rights Violations than you’re a fool. No Government would ever like to slap on the wrist and then answered with sweet words of joy. No, the Burundian Authorities answered the way you should expect that they want the reports and injustices put under rug. They don’t want the systematic repression of citizens by any means.

To start with a Key Ingredient to the Burundian state:  

The citizens of Burundi are not helped by friends and neighbours of Burundi who shield the Government from its national and international human rights obligations.  All countries, but particularly those who have close relations with Burundi, and especially those that have played an historically important role, including in the process leading to the Arusha Agreement, should exercise their good offices, unambiguously, in defence of the human rights of the citizens of Burundi” (UN HRC, P: 23, 2016)

How Burundian Government answered the UN HRC mission:

Several government officials said they were not in a position to provide information, but would do so in writing afterwards. By letter dated 19 July 2016, the experts requested specific questions to the Government, with a follow-up dated 1 September 2016. The last letter also offered technical capacity to document the alleged mass graves. Regrettably, no response was received until the day when the report was completed. The response consisted in a blanket denial of all violations” (UN HRC, P: 4, 2016).

General in Burundi Assassainated 25.04.2016

Estimated Killings and Sexual Violence:

According to some estimates more than one thousand people have been killed as part of the crisis.  Thousands have reportedly been tortured, unknown numbers of women victims of various forms of sexual crimes, hundreds of people disappeared, and thousands illegally detained” (…) “No official figures of the number of people killed during the crisis are available, and the system of accountability is virtually non-existent. OHCHR has informed UNIIB that, as of 30 August 2016, it has verified 564 cases of executions since 26 April 2015. Given the constraints under which OHCHR operate this is clearly a conservative estimate” (…) “UNIIB received first-hand information confirming the involvement of the Imbonerakure in murders of perceived opposition sympathizers. Thus, a former member of the Imbonerakure testified to UNIIB that he had participated in the killing of 20 individuals in Bujumbura, including two Imbonerakure who had warned persons that there were plans to execute them. The witness added that the Imbonerakure were expected to arrest all those who opposed the third mandate, were against the President, or who did not collaborate with the CNDD-FDD. The bodies of those executed in the cases mentioned were reportedly placed in bags, transported across the Ruzizi River using makeshift boats, and buried in the Democratic Republic of the Congo” (…) “Allegations of mass burials of those executed during these incidents have been widely reported.  Initial satellite imagery suggests that bodies may have been buried in mass graves during this period, including in Bujumbura (in Kanyosha and Mpanda) and Bubanza. UNIIB received testimony corroborating the existence of mass graves.  Reported intimidation by members of the Imbonerakure and SNR of persons in possession of information on this topic give further credibility to the testimony” (…) “Apparent examples of tit-for-tat targeted assassinations within the Army – particularly threatening to the integration of the armed forces – include the killings of several senior Army officers belonging either to the pre-Arusha Agreement Burundian Armed Forces (ex-FAB) or to the former rebel group “Armed Political Parties and Movements” (ex-PMPA) and the apparent retaliatory killings of alleged supporters of the regime within the forces. Among the most emblematic examples are the killings of General Adolphe Nshimirimana on 2 August 2015; General Karakuza on 25 April 2016; and Colonel Darius Ikurakure on 22 March 2016. The latter was shot dead in the compound of the headquarters of the Army Joint Staff” (…) “In a number of cases documented by UNIIB, the victims were sexually mutilated. For instance, a woman in Cibitoke, in August 2015, was sexually mutilated by Imbonerakure who were searching for her husband. She stated that when they did not find him, they tied her hands behind her back and hit her. “They put their hands inside my vagina until the uterus came out. I was left alone bleeding, screaming. The neighbours came out and they tried to put my uterus back in place.” (UN HRC, P: 7-8 + 10, 2016).

Disappeared people:

Marie-Claudette Kwizera, Treasurer of the CSO Ligue ITEKA was allegedly arrested on 10 December 2015 by the SNR and has not been seen since. More recently, on 22 July 2016, Jean Birgimana, journalist at Iwaku newspaper, was also allegedly arrested by the SNR and is missing since then” (UN HRC, P: 9, 2016).

Arbitrary arrests:

“Arbitrary arrests and detention have been a cornerstone of the repression in Burundi and have opened the way for a wide range of other human rights violations. Arbitrary arrests and detention surged after 26 April 2015, targeting individuals demonstrating against the third term. After the coup attempt of May 2015, the authorities intensified the repression. SNR, PNB, the Imbonerakure and FDN reportedly tracked down opponents, notably through cordon and search operations and raids in so-called opposition neighbourhoods of Bujumbura” (…) “Prison overcrowding is alarming with a 300 per cent occupancy rate in some prisons. The Mpimba prison in Bujumbura, which the UNIIB team visited, was built to house 800 prisoners; instead there were 3,800 detainees present” (…) “Although the Prosecutor General of the Republic has formally denied the existence of unacknowledged places of detention, UNIIB concludes that there are reasonable grounds to believe that the Security Forces and Imbonerakure have established several such sites” (UN HRC, P: 11-12, 2016).

Torture and Harrasment:  

“UNIIB conducted 65 interviews with witnesses and/or victims of torture or ill-treatment. Elements of the SNR, the PNB, the Imbonerakure and, to a lesser extent, the FDN, are consistently identified as the perpetrators, and some individuals, including senior figures of the security apparatus, have been repeatedly cited” (UN HRC, P: 9, 2016). “Independent journalists have been subjected to harassment, death threats, arrests, torture, and the closure of their offices and/or destruction of their equipment” (…) ”As with the other violations in this report the victims are not only those outside Government. There is also no room for dissenting positions within government circles or the ruling party” (UN HRC, P: 14, 2016).

Burundi Report Police

If you don’t see the systemic oppression, harassment and killings of citizens inside here and understand the behaviour of Burundian Government by now, then you’re blind by the arrogance of President Pierre Nkurunziza.

The Burundian Government that has after the banning of UN Experts, has decided to leave the ICC; while the UN Report on Human Rights Violations clearly shows through the process of collecting evidence that the Central Government through their Security Organizations and Youth Party Imbonerakure has violated and oppressed fellow citizens to keep power for their current President. This is why it’s red-hot and been attacked as a political document from the CNDD-FDD as they doesn’t want to hear about their killings and torture to be in charge.

We can just know that this is estimated killings, torture and harassments of citizens, the Central Government of Burundi will never in their mind release the systematic violence against their own citizens to the world. That will only happen when the shadow of this regime is gone. Because they do not want the world know about their misgivings and their acts against their own. Peace.

Reference:

BBC News – ‘Burundi bars UN investigators over report on human rights abuses’ (11.10.2016) link: http://www.bbc.com/news/world-africa-37614790

UN Human Rights Council – ‘Report of the United Nations Independent Investigation on Burundi (UNIIB) established pursuant to Human Rights Council resolution S-24/1’ (20.09.2016) – A/HRC/33/37

Uwimana, Diane – ‘Bujumbura dismisses UN report on Burundi as “political”’ (23.09.2016) link: http://www.iwacu-burundi.org/englishnews/bujumbura-dismisses-un-report-on-burundi-as-political/

Eritrea: UN Commission has urged referral to the International Criminal Court (28.10.2016)

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The Commission has concluded that the Government of Eritrea has neither the political will nor the institutional capacity to prosecute the crimes we have documented.

GENEVA, Switzerland, October 28, 2016 – States must heed the pleas of countless victims of crimes against humanity for justice and accountability, Sheila Keetharuth of the former UN Commission of Inquiry on human rights in Eritrea urged the UN General Assembly today. The Commission has recommended that the situation in Eritrea be referred to the International Criminal Court.

Speaking for the Commission of Inquiry, Keetharuth, who is also UN Special Rapporteur on the situation of human rights in Eritrea, highlighted the Commission’s clear findings that crimes against humanity have been committed since 1991 by Eritrean officials, adding that such a dire assessment left no room for “business as usual” in the international community’s engagement with the Government of Eritrea.

“The crimes of enslavement, imprisonment, enforced disappearances, torture, other inhumane acts, persecution, rape and murder have been committed as part of a widespread and systematic campaign against the civilian population. The aim of the campaign has been to maintain control over the population and perpetuate the leadership’s rule in Eritrea,” Keetharuth told the UN General Assembly.

“The Commission has concluded that the Government of Eritrea has neither the political will nor the institutional capacity to prosecute the crimes we have documented. The Commission therefore recommends that the UN Security Council refer the situation in Eritrea to the prosecutor of the International Criminal Court and that the African Union establish an accountability mechanism.”

“My plea to you, Excellencies, on behalf of the three members of the former Commission of Inquiry on Human Rights in Eritrea, Mike Smith, Victor Dankwa and myself, is for you to pay heed to voices of victims of crimes against humanity in Eritrea.”

Keetharuth said the Commission had found that there was no material change in the country that could potentially have a positive effect on the situation of human rights.

“There is still no constitution, no parliament where laws are discussed, enacted, and where questions of national importance are debated; indefinite national service persists, with its adverse impacts on individual rights; there is no free press and no NGOs, except for Government-sponsored ones. The population lives in fear and the Government still controls their daily life, making the enjoyment of all human rights and fundamental freedoms by all Eritreans a remote possibility,” she said.

She noted that while several foreign delegations, journalists and others had been invited to visit Eritrea over the past year, the rampant human rights violations taking place in isolated locations and detention facilities were not apparent to the casual visitor.

Keetharuth noted that Eritreans were among the largest numbers of African nationals seeking asylum in Europe and that the overall recognition rate for Eritrean asylum seekers in European countries remained high.

“The findings of the Commission underscore that it is not safe to forcibly return those who have left Eritrea. The Commission, in its first report, documented that individuals forcibly repatriated, with a few exceptions, have been arrested, detained and subjected to ill-treatment and torture,” she said.

“I appeal to Member States to grant Eritreans access to their territory and asylum procedures. I strongly reiterate my call to protect all Eritrean asylum-seekers from refoulement and to refrain from any forced repatriation to Eritrea or to third countries where they may still be at risk or unwelcomed.”

Communique de la Septieme Reunion de haut niveau du Mecanisme Regional de suivi de l’Accord-cadre pour la paix, la Securite et la Cooperation pour la Republique Democratique du Congo et la Region (26.10.2016)

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Our brave New World Order… Is too leave the ICC

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“Why is UN not paying much attention to member states that are clearly sliding into turmoil and crisis and instead is majorly involved in the after effects of Humanitarian assistance. It doesn’t make sense. We can’t wait until it’s too.”Francis Mwijukye [35th Inter Parliamentary Union- Geneva: High level United Nations Management committee Meeting on Development assistance, Humanitarian assistance, peace keeping operations and Mormative treaty related knowledge, 26.10.2016]

We are living in a brave new world where the world order is switching… its twists and turns, the morning dew disappears and the sun kisses the earth yet again. The last few days the world has changed. Because Nations and States have made decisions that matters; they are not only talking, but now they are acting on it.

The International Criminal Court (ICC) of The Hague is under fire. After Burundi, South Africa and Gambia are thinking of pulling out of the International Court that access the genocides and crimes against humanity.

With the escalated conflicts, the stories of lives doing whatever they can flee nations, this is happening from the internal conflict inside Burundi, Burundians refugees are now in Tanzania, Rwanda and in the Democratic Republic of Congo. This because the President Pierre Nkurunziza decided to stay in power for a third term; when the Constitution of Burundi said the Executive only could have two!

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The same with the internal fighting between SPLM/A VS. SPLM/A-IO in South Sudan; where there is battle of power between President Salva Kiir and former FVP Dr. Riek Machar. Because of the conflict in South Sudan the civilian refugees have fled to Democratic Republic of Congo, Uganda and Ethiopia. Now MONUSCO got SPLM/A-IO and Dr. Machar from the DRC to Khartoum earlier this year.

In Kenya this is happening: while the Somali Refugees are now being sent home from Kenya under the command of the government there. This happening while opposition in all of the countries mentioned has optionally torturing, arresting, detaining and even harassing them if needed be. The Kenyan Government using the fear of Al-Shabaab to send the refugees away and also hustle more donor-funding from the United States. That happens because the Jubilee apparently didn’t’ earn enough coins on NYS, Eurobonds or whatever scheme they had in play at the time.

In this New World order that is arranged while the Government are using their Security Organizations to silence opposition. While the Nation with the African Union (AU) Headquarters and are the leader of the Intergovernmental Authority on Development (IGAD), the Ethiopian Government even uses helicopters, artillery and soldiers to kill civilians in the regions of Amhara and Oromo people. This is a Nation who has soldiers in Peacekeeping mission all around the Continent, but using all kind of force to oppress their own.

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So in this place and time with more totalitarian regimes, with more leaders not leaving offices and with less political freedom; the International Justice is winding down. The rule of law internationally right now is losing its power, while the United Nation’s negations and diplomatic missions like the Inter-Burundian Dialogue under former Tanzanian President Benjamin Mpaka hasn’t gone anywhere. While the dialogue between UN’s own Edem Kodjo hasn’t created anything resembling a General Election run by the CENI in the DRC. That is because President Joseph Kabila has no plan of leaving office without using force on his own. This is happening while the bloodshed continues in the Kivu’s, while the MONUSCO and FARDC watching it in silence. ADF-NALU and the Mayi-Mayi continues as well together with the Ex-FARDC Gen. Muhindo  Akili Mundos has also blood on his hands. This is happening while the Rwandan State still can export high-grade minerals that they cannot even produce or has mines to extract on their soil. This has been happening since the first war in the late 1990s.

So the New World Order is more of the same… the same kind of violence, the other change is the new brave leaders who defy the International Order. They don’t want to follow it when they feel it is unfair. United Nations (UN) might be next or the World Trade Organization (WTO) or the World Health Organization (WHO). As they might respect the International Monetary Fund (IMF) or the World Bank (World Bank) because they need their financial stability or the financial stimulus that backs the budgets and aspects the government needs to pay their elites, businesses and whatever it takes to keep the regimes a-float.

This is the grand issues… the human rights violations, killings and detentions… so the Presidents and their Administrations are now afraid of the ICC. They are worried that their actions be served by the Court and they have to answer for their crimes. Doesn’t matter if this court exists or not; the UN should put up Tribunals after the Internal Conflicts like they done in the past. Than it is not direct prosecutions or charges that the ICC has put on Executives or any in the inner-circle of ruling regimes as they know their using illegal forces to silence their people and citizens. Though the feelings from African Nations that they are feeling threaten by the ICC and their actions as they are not going-in on Europeans or Americans in general, while African Generals and Politicians are hand-picked.

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I’m just waiting for the honourable nations of Morocco, Mauritania, Egypt, Sudan, Somalia, Republic of Congo, Mozambique, Angola, Zimbabwe, Lesotho, Swaziland, Togo, Guinea, and Equatorial Guinea, and so on… There are more that will make decisions to leave, as even Cote d’Ivoire might revoke their place.

There are fears on the horizon, the ICC is losing its standing, the international community better listen as the men who are greedy on power and resources take it in these days by any means and hope to get away with it, while their people suffer. The only differences at our time are that information is not forgotten or not told. It’s there for those who listen; time to consider and rethink the World Order and where we want to be. Peace.

Gambia to withdraw from International Criminal Court (Youtube-Clip)

“Gambia has announced its withdrawal from the International Criminal Court, accusing it of targeting Africans. Tuesday’s announcement follows similar decisions this month by South Africa and Burundi to abandon the Hague-based court.Information Minister Sheriff Bojang said in an announcement on state television that the court had ignored crimes committed by the West. He said, “not a single Western war criminal has been indicted”, and that the withdrawal is, “warranted by the fact that the ICC, despite being called International Criminal Court, is in fact an International Caucasian Court for the persecution and humiliation of people of colour, especially Africans”. The ICC was set up in 2002 to try the world’s worst crimes but has been accused by African leaders of bias and racism. This latest decision will also come as a personal blow to the court’s chief prosecutor, Fatou Bensouda, a former Gambian justice minister” (CCTV Africa, 2016)

Burundi: Ordonnance Ministerielle 530/1960 du 24/10/2016 Portant Suspension Provisoire de Certaines Associations Sans but Lucratie (24.10.2016)

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Opinion: My 2 Cents on why the African Nations leave the ICC or want to!

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“A founding signatory of the Rome Statute, on ICC: Yes we should be out of the ICC. ICC is not serious. It is partisan. There are so many people who should have been tried if they were serious. The way to go is to have our own African Criminal Court. Trying to work with ICC was a mistake” – President Yoweri Kaguta Museveni [at the Second #UGDebate on the 13th February 2016]

As Washington is shocked by the recent events, that the International Criminal Court which is stationed in The Hague and the Netherlands; where they ironically are closing down prisons because of lacks of criminals. The International Community and the African Nations are triggering the Article 127 of the Rome Statute of 1997 to Withdraw from the honourable justice chambers of this so-called earth. There is certain reflections and vivid reasons for why this is happing. And I will try to sort it out, the Westerns and Europeans, even some Americans might be offend, but still carry it and take it for what it is.

“In June 2009, Comoros, Djibouti, and Senegal called on African States Parties to withdraw en mass from the Statute in protest against allegations that the ICC was targeting Africans. This declaration was specifically in reference to Sudanese Pres. Omar al-Bashir’s indictment” (Mbaku, Weber State University).

The ICC is not a pre-historic relic of the European Colonial past, still the actions of is of a seemingly imperialistic affair where the smaller newer nations and less resourceful have been targeted at much higher extent than the ones of more sophisticated countries who are not former colonialized. That is a fact and not NRM fiction. Just a certainty that the further hurt the African sovereign nations that they even has Executives under the microscope for their actions while Tony Blair and George W. Bush walks around like Kings on this earth. It’s not like the powers to be, touches the big-men from there, but around the corner they get taken away quicker than ice-cream on a hot-summer-day.

Not that the men and woman who has been questioned and been under investigations has been involved in crimes and activity against the humanity. They have and many using child-soldiers, used ethnicity to win power and even some killings to the level of genocide.

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“Article 127

Withdrawal

  1. 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.

  1. A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective” (ICC, P: 74, 2011).

Burundi withdraws:

“President Pierre Nkurunziza, who critics accuse of human rights abuses, signed a decree late on Tuesday that paves the way for his east African nation’s departure from the court. His decision comes at time when the ICC is conducting a preliminary investigation into politically motivated violence in Burundi in which several hundred people died” (Alionby, 2016).

South Africa withdraws:

“Under the Rome Statute, the 2002 treaty that established the court, countries are obligated to arrest anyone sought by the tribunal. “Legal uncertainty” around the statute blocks South Africa from resolving conflicts through dialogue, including inviting adversaries for visits, Justice Minister Michael Masutha said, and handing over a foreign leader to the court would have amounted to an infringement of South Africa’s sovereignty” (…) “The Rome Statute “is in conflict and inconsistent with” South Africa’s law giving sitting leaders diplomatic immunity, Mr. Masutha said at a news conference on Friday. The question is before the country’s high court” (…) “Foreign Minister Maite Nkoana-Mashabane this week formally notified the United Nations secretary general, Ban Ki-moon, of South Africa’s intention to withdraw from the international court. Leaving the body would take about a year, during which South Africa would still have to cooperate with the court’s proceedings”  (Chan & Marlise, 2016).

This is happening while the ICC has asked for Nations who has signed up for the Rome Statute and the ICC. This has been South Africa, Rwanda, Burundi and Kenya. The Non-compliance documents of Djibouti and Uganda has even come in 11th July 2016. The Arrest Warrant on President Omar Al-Bashir we’re set on 4th March 2009. There has gone 7 years has passed and his still roaming around with countries willingly delivering “non-compliance” documentations to the ICC for their non-cooperation towards them.

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There are more running cases on the continent… some of them are:

The ICC Prosecutor has opened cases against 26 individuals in connection with five African countries. Twenty-five of these remain open; the 26th, against Darfur rebel leader Bahar Idriss Abu Garda, was dismissed by judges, though the prosecutor may attempt to submit new evidence in an attempt to re-open it. The cases stem from investigations into violence in Libya, Kenya’s post-election unrest in 2007-2008, rebellion and counter-insurgency in the Darfur region of Sudan, the Lord’s Resistance Army insurgency in central Africa, civil conflict in eastern Democratic Republic of Congo (DRC), and a 2002-2003 conflict in the Central African Republic. The Prosecutor is also examining 2010-2011 violence in Côte d’Ivoire, a 2009 military crackdown on opposition supporters in Guinea, and inter-communal violence in central Nigeria, but has not opened formal investigations or opened cases with regard to these situations. Uganda, DRC, CAR, Kenya, Nigeria, and Guinea are states parties to the ICC. Sudan, Libya, and Côte d’Ivoire are not. ICC jurisdiction in Sudan and Libya stems from U.N. Security Council actions, while jurisdiction in Côte d’Ivoire was granted by virtue of a declaration submitted by the Ivorian Government on October 1, 2003, which accepted the jurisdiction of the Court as of September 19, 2002.25 Five suspects—four Congolese nationals and one Rwandan—are currently in ICC custody. The ICC Prosecutor has sought summonses, rather than arrest warrants, in connection with attempted prosecutions of Darfur rebel commanders and of Kenyan suspects. The Prosecutor has not secured any convictions to date” (Congressional Reaserch Service, 2011).

The Kenyan case we’re like the Prosecutor said wasn’t done, but for now there wasn’t able to follow through on evidence and make a case worth living. That is me translating the jurors lingo. The IGAD communique on the 6th April 2016: “The Intergovernmental Authority on Development (IGAD) joins Kenyans of all walks of life to rejoice the collapse of cases against the Deputy President, H.E. William Samoei Ruto and his co-accused, radio journalist, Joshua Arap Sang at the International Criminal Court in The Hague yesterday” (…) “It would be recalled that IGAD had condemned the way the ICC had handled the Kenyan cases from the beginning. During a press conference held in Nairobi on 22nd March 2011, Amb Mahboub stated clearly IGAD’s position on the deferral request of the ICC cases by Kenya pointing out that the trials would “weaken the country and weaken the region” (IGAD, 06.04.2016).

The Kenyan government President Kenyatta the day before on the 5th April 2016:

“Earlier today, Trial Chamber V (a) of the International Criminal Court acquitted my Deputy President, Honourable William Ruto, and Mr. Joshua Arap Sang. I welcome the aforementioned decision, which reaffirms my strong conviction from the beginning about the innocence of my Deputy President. From the start of this case, I have believed that this case was ill-conceived and never grounded on the proper examination of our experience of 2007/2008 as a nation” (…) “Each and every Kenyan was touched by the tragedy that befell our nation in 2007-2008. Each and every victim of this unfortunate happening matters. Not one of them has been forgotten. Their suffering demanded of us as leadership to seek reconciliation. My Deputy and I campaigned and were elected on a platform to unite and reconcile our motherland. When you entrusted the leadership of the country to our administration, you made us responsible for the healing and reconciliation of our people” (Kenyatta, Uhuru – ‘H.E. Uhuru Kenyatta Statement on ICC verdict on the Ruto and Sang Case’ 05.04.2016).

So with this in mind, the Kenyan Government have been thoroughly investigated by the ICC recently over time since the ICC charged people close connected to the current leadership and government. They even at some point had a case against the Kenyan President Kenyatta, but they let it slide because they got no witness angle on him. The Jubilee has fought back and has done their duty towards Courts. Still the wound of charges, the appearance and the trial has hurt.

The newest ICC cases into Africa is the post-election violence where even the Parliament we’re put on fire.  “In the letter of referral to the ICC signed by Gabon’s Justice Minister Denise Mekamne Edzidzie, the government accuses Ping and his supporters of incitement to genocide and crimes against humanity” (…) “It highlights a speech which Ping gave during his electoral campaign, in which he allegedly called on his supporters to “get rid of the cockroaches.” (…) “These words were an incitement to commit the crime of genocide,” the letter says” (France24, 2016). The Gabonese Authorities tries to pin it on the Opposition as the election rigging made the public mad and not just the supporters of Jean Ping. If the ICC uses this opportunity not to pin it on themselves as the Second Generation for life President Bongo!

African Union Letter to the ICC on the 29th January 2014:

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So the long-stemming grievances are now coming into effect. The feeling of being targets while others walk scotch-free. The inaccurate acts of being the main ones, even as the violence, genocides and crimes against humanity happen; the leaders don’t want a hanging gallows over their heads. Still, the acts of many current Presidents and their Regimes are using armies like Ethiopia against civilians. If they weren’t a strong ally of the United States, they would have a cherry to pick at the courts. President Museveni fears for place, the same should President Mugabe that never been for the Gukurahundi massacres we’re Zimbabwean Republican Police killed 20,000 people. These are men who fear the ICC and would do what they can to not be touched by their current sins and the ones of old.

Sudan, the country of President Omar Al-Bashir has said this in the recent our about the matter:

“This wise decision is established by the Republic of Burundi on objective grounds that the so-called International Criminal Court has become a tool of pressure and instability in the under-development countries. Further, the opening of investigations against some leaders is a result of pressures exercised by the western force,” the statement cited by the Sudan Tribune said” (Akwei, 2016).

So the country who has the Executive under charges, the other one of late has been forces away from power, but still men who was in charge of their respectable nations President Laurent Gbagbo who have now recently been in trial at ICC:

“On Thursday, Mr. Gbagbo, the former president of Ivory Coast, will go on trial at the International Criminal Court in The Hague, facing four counts of crimes against humanity stemming from the violence surrounding the 2010 presidential election. He was narrowly defeated in a runoff, but he insisted that he had won and refused to cede power, leading to months of turmoil and the deaths of more than 3,000 people before his arrest in April 2011” (…) “The trial of Mr. Gbagbo is an important challenge for the International Criminal Court. He is the first former president to reach trial at the tribunal, which has been in operation for a decade with a mandate to deal with war crimes and genocide. Also on trial with him will be Charles Blé Goudé, one of Mr. Gbagbo’s militia leaders in the 2011 upheaval, which followed more than a decade of ethnic political violence in Ivory Coast” (Rothschild, 2016).

So with this in mind, he isn’t a guerrilla fighting with child-soldiers like the ones charged by the ICC when coming to Lord Resistance Army and others who has been charged for violations against humanity in the ICC. These being Bosco the Terminator from the Democratic Republic of Congo, also that the former Vice President of Pierre Bemba of the MLC has been charged for his crimes, while his President Joseph Kabila walks free for his sins. This proves the neglect and the handpicked cases of the ICC. Reasons why the African Union and others are claiming so, partly righteous, partly wrong! The key to this, if the ICC want to be serious as an International legal institution… it needs cases and probes into states in Europe, America and Asia; not only War-Lords in Africa. That is just Neo-Colonialism and proves the questionable attributes to the character of the laws and big-man politics of the world. Peace.

Reference:

Akwei, Ismail – ‘Sudan urges mass African withdrawal from the ICC’ (21.10.2016) link: http://www.africanews.com/2016/10/21/sudan-urges-mass-african-withdrawal-from-the-icc/

Alionby, John – ‘Burundi becomes first nation to quit International Criminal Court’ (19.10.2016) link: https://www.ft.com/content/ce408588-95bf-11e6-a1dc-bdf38d484582

Chan, Sewell & Simons, Marlise – ‘South Africa to Withdraw From International Criminal Court’ (21.10.2016) link: http://www.nytimes.com/2016/10/22/world/africa/south-africa-international-criminal-court.html?_r=0

Congressional Research Service – ‘International Criminal Court Cases in Africa: Status and Policy Issues’ (22.07.2011) link: https://www.fas.org/sgp/crs/row/RL34665.pdf

France24 – ‘ICC opens preliminary probe into Gabon unrest’ (29.09.2016) link: http://www.france24.com/en/20160929-icc-opens-preliminary-probe-situation-gabon

Mbaku, John Mukum – ‘Africa’s Case Against the ICC’, Weber State University

 

Rothschild, Saskia de – ‘Trial of Ivory Coast’s Laurent Gbagbo Will Test International Criminal Court’ (27.01.2016) link: http://www.nytimes.com/2016/01/28/world/africa/ivory-coast-laurent-gbagbo-hague-trial.html

 

International Criminal Court – Rome Statute of the International Criminal Court (17.07.1998 in force on 01.07.2002) Copyrighted 2011

UNSC: Draft Press Statement on the Implementation of Resolution 2303 – Burundi (13.10.2016)

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