Certainly, there have been blowing a wind of dismay towards the International Criminal Court; the reasons are not subtle, but understandable by the men and woman fearing for their future. The ICC has for some reasons been finding lots of criminal activity and leaders misusing their powers to create crimes against humanity on the African continent. While the same ICC has not used their powers and laws on certain other questionable wars and legality behind the support of internal wars elsewhere. Therefore, the totalitarian and the lingering presidents that fear their respect and legacy, as they could be taken to court for their acts while being Presidents!
Well, here is a key piece of knowledge from the briefing written by the International Commission of Jurist (ICJ) that was dropped this March, in the same amount of days that the Republic of South Africa has released their Withdrawal of the Withdrawal from the ICC and the Rome Statute. Therefore, the ICC can be rest assured that the South African republic will not leave now.
ICJ Reasoning for problems with ICC:
“While there are no doubt many serious situations that have so far escaped the Prosecutor’s purview, it is important to note that because the ICC functions within the jurisdictional limits of the Rome Statute, it cannot assume jurisdiction and commence investigations in respect of States that are not parties to the Rome Statute or nationals of such States. As noted above, in such situations, it is up to the Security Council, to decide whether to refer a situation to the Prosecutor, who will then decide whether to prosecute. The powers of the Security Council, including those concerning the use of the veto when referring situations to the ICC for investigation, also require reconsideration and reform. Efforts toward reconsideration and reform could be led by South Africa and other African States” (…) “The ICJ notes that most African States that are parties to the Rome Statute appear to remain committed to the Court. It is significant that the newly installed President of Gambia has decided to withdraw the notice of withdrawal that was issued by his predecessor” (ICJ, P: 8-9, 2017).
Recommendation of the ICJ:
“Honourable Parliamentarians should ensure that:
Still it is good to see the ICJ support the Republic of South Africa will to stay within the Rome Statute and the ICC. Even as they did have questions towards the African leaders and States, as the ICC has not acted towards the United States or United Kingdom for their ill-will wars in Iraq and Afghanistan.
So the good news is that the Republic of South Africa still is a member of the ICC, but there is a will to leave there. That will not dwindle away, as the staunch controversy towards the ICC does not go away with a briefing like this or the ways the image of ICC is seen on the continent. That does not leave with the Gambian and South Africa now returning, or not leaving at all. This shows the problems that the leadership has with the court and their legal battles on the continent. That will not be diffused, even as this is good news for those who want to believe in International justice.
Still, there are enough issues that the ICC has to work-on and show less bias in the pursuit of criminal offenders to give the people on the continent faith in their judgement. Peace.
International Commission Jurist (ICJ) – ‘South Africa should not withdraw from the International Criminal Court’ (March 2017)
When you look into how a man gets into power and then keeps it. Then that story might show why the person doesn’t leave the Executive, the reign or the Presidency. I am today looking into Yayah Jammeh who made a coup d’état in the Islamic Republic of Gambia. Since of today the President-Elect of Gambia are living in Exile in Senegal. Therefore I have to address the man who is ceasing the power and control of a nation. A nation he did run, but lost an election and the result we’re announced on the 2nd December 2016. President Jammeh even called President-Elect Adama Barrow who won on an Opposition-Coalition ticket. After that the Army has pledged alliance with the incumbent, the Electoral Commission head has fled to Senegal and radios has been switched off. Just as the days before the polls the borders we’re closed and the internet we’re turned out. The Museveni-Blackout session was all in fashion in November 2016. So let’s take a brief look into the reports of 1994 coup d’état and how long he has said earlier he wanted to rule!
Yayah Jammeh pledges difference after 1994:
“BANJUL, Gambia, Aug. 26— When Lieut. Yahya Jammeh seized power in this West African country in a bloodless coup last month, breaking one of the continent’s longest traditions of electoral democracy, he joined the increasingly crowded ranks of soldiers who have risen to power in Africa” (…) “But even as he pledges to announce a timetable for a transition to democracy by the end of September, Lieutenant Jammeh, a child of the rural upcountry whose formal education ended in the 10th grade, complains that suspensions of vital donor aid in the meantime amount to “neocolonialism.” (…) “We are here for reasons that are peculiar only to Gambia, and what has happened in other parts of the continent, that does not concern us,” Lieutenant Jammeh said in an interview in a crimson-carpeted salon of State House. Political Activity Banned” (French, 1994).
More on the Coup in 1994:
“Weak borders and weak governments still characterize much of West Africa, and the coup d’état brewing in the graveyard would not be the Gambia’s first. Sanneh was on summer break from middle school in 1994 when, one morning, a group of junior army officers angry about their low salaries seized the national radio station, the airport, and government buildings in Banjul. The incumbent president, Dawda Jawara, who had led the country since independence, found safety on a docked U.S. warship while his guards evacuated the State House. When the disgruntled officers arrived, Andrew Winter, then the U.S. ambassador to the Gambia, told me, “I think much to their surprise, it was theirs.” At about 6 o’clock that evening, an announcement came on the radio: A four-member group called the Armed Forces Provisional Ruling Council, or AFPRC, had taken over. Its chair was Yahya Jammeh, then a 29-year-old army lieutenant who was little known outside the barracks” (Reid, 2016).
Real acts of Jammeh:
“Atrocious stories such as that of Imam Baba Leigh succeed one another, always more violent. As the day the authorities locked up 1,000 people in a stadium and made them drink hallucinogenic drinks. This surreal act is in the image of President Yahya Jammeh who claims to be able to cure AIDS, sterility or epilepsy using traditional plants and mystical incantations, hence his nickname “Fou de Kanilaï” his birth place. In 1993, Democrat Dawda Jawara, whom Jammeh overthrew, abolished the death penalty. In 1994, as soon as he took power, the master of Banjul, the Gambian capital, restored it and incorporated it into the Constitution in 1997” (Serieys, 2017).
What the President Jammeh says about the coup:
“I have seen banners saying no to coup, but the reality is that people will say how then did he become head of state because he overthrew somebody’s government? Yes, I came through a coup d’etat, because what was happening in this country is unacceptable. On 22 July 1994, not even a frog died, much more a human being. When we came that day, in broad day-light, which Imam missed a Friday prayer?” (…) “Let me also ask you this question. On July 22,1994, who among you missed his lunch because of the coup? In fact, July 22, 1994, our coup d’etat was more peaceful than any general election that was held in this country. When we came, we told you that we were soldiers with a difference. We were not power hungry, greedy soldiers that are looking for wealth and power to subjugate Gambians. We were development hungry. We want this country to move forward and be a beacon of hope for all of Africa, because what is happening in Africa is a sad story” (Jammeh, 2006).
How long did he want to rule:
“On the final day of campaigning, President Yahya Jammeh vowed to rule for the next 40 years. Mr. Jammeh, who seized power in 1994 as a 29-year-old army lieutenant and went on to win elections in 1996 and 2001, told supporters that he ruled through God and that ”no coup d’?t or elections can remove me.” He faces two challengers but warned at the rally in Serekunda, east of the capital, Banju, ”I will develop the areas that vote for me, but if you don’t vote for me, don’t expect anything.” (NYT, 2009).
So the man who conceded did the phone-call in December 2016 and then went back on it. Therefore we know today that the President-Elect of Gambia is exile, because of one totalitarian leader didn’t want to stepdown or give way to new leadership in the Republic. As he said in 2009 before another election he proclaimed that no election could beat him. Certainly the recent did, as even the Electoral Commission did rig the tally, which must hurt the pride of the former soldier and lieutenant. He will not bow down to pressure, even the ECOWAS and African Union haven’t sanctioned anything of pressure, have made some arrangements and mediation, but not substantial. That with the knowledge that the man all of sudden didn’t want to step down and become an President Emeritus, instead now he is yet another lingering President in power.
Adama Barrow is the one that is supposed to rule, but Yahya Jammeh isn’t supposed to reign anymore. His time is up, his time in the executive and in power. Therefore now that the President-Elect is now in exile and will be there until Jammeh leaves. By my reckoning will not be quickly or swift. He will linger until somebody coup d’état him now. Since he isn’t stepping down for the one who won the Presidential Election in 2016! Peace.
French, Howard W. – ‘In Gambia, New Coup Follows Old Pattern’ (28.08.1994) link: http://www.nytimes.com/1994/08/28/world/in-gambia-new-coup-follows-old-pattern.html
Jammeh, Yahya – ‘PRESIDENT JAMMEH’S ADDRESS ON THE 10,000 MAN MARCH’ (15.04.2006) link: http://qanet.gm/statehouse/peace-march_address_150406.htm
The New York Times (NYT) – ‘World Briefing | Africa: Gambia: Leader Vows To Rule For Next 40 Years’ (22.09.2009) link: http://query.nytimes.com/gst/fullpage.html?res=9B00EEDF1E31F931A1575AC0A9609C8B63&rref=collection%2Ftimestopic%2FJammeh%2C%20Yahya&action=click&contentCollection=timestopics®ion=stream&module=stream_unit&version=latest&contentPlacement=14&pgtype=collection
Reid, Stuart A. – ‘’Let’s Go Take Back Our Country’ (28.03.2016) link: http://www.theatlantic.com/magazine/archive/2016/03/lets-take-back-our-country/426852/
Serieys, Jaques – ‘Gambie : Yahya Jammeh au pouvoir par un coup d’état militaire’ (02.01.2017) link: http://www.gauchemip.org/spip.php?article23135