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.

Kenya: MOH explains the NTV Kenya case of taxpayer’s loss of KES 5billion (26.10.2016)

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Kenya: “Re: Request for Information Relating to the Tax Returns of H.E. William Samoei Ruto” (24.10.2016)

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Kalonzo says he is the best suited to defeat Jubilee (Youtube-Clip)

“Wiper Democratic Movement leader, Kalonzo Musyoka said the Jubilee leadership had a hatched a plot to use a tyranny of numbers in Parliament to change the constitution in order to remain in power forever.  Kalonzo who was on a two day tour of Kisii and Nyamira counties expected his coalition partners in the opposition to support his presidential bid in the 2017 general election in a bid to kick out Jubilee. Kevin Mutai has that story” (NTV Kenya, 2016)

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

Kenya: Joint Press Briefing – Drought and Food Security situation in ASAL Counties (16.10.2016)

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Kenya: KQ Saga continues with “KALPA not withdrawing the strike notice but rather deferrring it to later date” (17.10.2016)

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Kenya Airways Statement: Flights Cancellations (16.10.2016)

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Kenya: Press Statement addressing Budgetary Allocation in Counties (14.10.2016)

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Members of the Press,
Citizens of Kenya,
We address you today after recent coverage in the dailies portraying counties to be misusing funds allocated to them. County Governments have achieved much since the inception of the devolved system of governance and each county can readily demonstrate what they have achieved in each sector.
In line with this, the Council of Governors would like to clarify some things and the set the record straight.
ACCESS TO OVERDRAFT FACILITIES
• Counties are now able to access overdrafts from the Central bank for operations at 5% of the latest audited revenue and to be repaid within a year.
• The Central Bank of Kenya is in the process of preparing guideline since they have clearance from the Attorney General on the interpretation of the law in line with Article 212(b) of the Constitution of Kenya 2010 and Sec 140(1) of the PFM Act 2012.
The borrowing will cushion Counties financial constraints necessitated by delay in disbursement of the equitable share from the National Treasury.

UTILIZATION OF FUNDS BY COUNTY GOVERNMENTS
• According to the Controller of Budgets report for the past nine months, County Governments spent Kshs.7.15 billion on domestic and foreign travel of which Kshs.2.9Billion by the County Assembly and Kshs.4.115 Billion by the County Executive.
• The National Government Ministries and departments spent Kshs.8.023Billion in the same period of which Kshs.2.6Billion was spent by the National Assembly.
• The report further indicates that the National Government spent Kshs.107.862Billion being 26.9% of the total recurrent expenditure (Kshs.400.33Billion) on other unclassified expenditure.

WHAT DEVOLUTION HAS DONE FOR THE PEOPLE OF KENYA
• Since the advent of devolution, there is evidence to show that the people of Kenya have experienced a lot of positive change especially in service delivery. Health services are more accessible in the rural areas and more affordable. In 2012, there were 8,466 health centers and dispensaries, currently the numbers stand at 10,032 health facilities.
• Counties have employed more health care personnel. In 2013 there were 874 doctors and 6,620 nurses, the statics today stand at 1,302 doctors and 8,903 nurses in the county health facilities.
• Infant mortality rate has dropped to 39% per every 1000 live births as opposed 62% per every 1000 live births before devolution.
• In Agriculture there has been an increase in crop and livestock production. 132 Value addition projects have been instituted in 34 Counties; 1,021 greenhouses installed in 36 Counties; and 911 cattle dips have been constructed and rehabilitated in 28 Counties.
• 541,627 farmers have access to extension services with the aim of improving productivity.
• Counties have witnessed a 20% increase in enrollment of students in the ECD centers. In 2013, the ECD enrollment stood at 1,691,286, today it stands at 2,074,060. Additionally, 30,049 teachers and assistants have been recruited to cater for the increased enrollment.
• County Governments have refurbished over 598 centers, built over 5,951 ECD centers and equipped them with desks in a bid to ensuring that pre-school children learn in a conducive environment.
• Counties have embraced innovative and advanced technologies like the Pro-base road construction technology which is cost effective, durable and easy to maintain. Between 2013 and 2016, County Governments have tarmacked 379 kilometers of road and constructed 35,934 kilometers of all-weather road. Furthermore, 19,148 kilometers of new roads have been opened up and 9,572 kilometers of road rehabilitated.
• In trade, new markets for locals have been constructed to facilitate trade in the counties. The numbers of markets have grown from 362 markets to 651 markets.
• In 2013, there were 1,396 cooperatives which have since grown to 1,806 cooperatives with a turnover of KES 56 billion. The Cooperative societies in Kenya are now employing more than 300,000 people besides providing opportunities for self-employment to many more.

Kenya: GoK demands action from Kenya Airways (KQ) as Kenya Airline Pilots Association planned strike (13.10.2016)

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