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Archive for the tag “ICC Rome Statute”

African Union Open-Ended Committee of Ministers of Foreign Affairs on the International Criminal Court Convened its 6th Meeting on the Sidelines of the 32nd Ordinary Session of the Executive Council of the African Union (27.01.2018)

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Opinion: Mugabe’s failing reputation has now even gotten stained by Botswana!

There are often many signs when someone has been in power for too long, their age and their will to serve. That is why the Mugabe family are riding new Rolls Royce’s down the streets of Harare, while the citizens are struggling to afford gasoline and possible hyper-inflation again. So, the Zimbabwean

President, the Head of State have the audacity to insult Botswana. Even if his own state is in tatters and self-indulgent of his cronies and ZANU-PF. A man like that should more careful with his words, but his use of power and His Excellence are used to be chauffeured and have enough “yes men” filling brigades. Therefore, they will not stop him or disagree with him.

That’s why these sort of acts and words comes from his mouth. President Mugabe wants to act like the wise, but comes off as the ignorant. Blaming Botswana for not sticking-up for itself. Would he have respected if someone said the same about himself, which was a fellow Statesmen? I doubt it, he would say other foreign forces had allied against him and wanted to invade his precious Republic. Because, then Mugabe become defensive.

Now, lets look at the quotes from recent events!

Mugabe publicly spatting about Botswana candidate:

Speaking at a meeting with his South African counterpart, Jacob Zuma, Mugabe said everyone in the region had tried to support Venson-Moitoi, except Khama. “We worked hard, they worked hard, sweated. They sweated, you sweated, we sweated, but one man did not sweat. He sat at home and expected miracles to happen, but that did not happen. Everybody just said you (Venson-Moitoi), we have not seen your President here, he does not attend meetings. What will happen if we placed the organization (AU) in his hands. She had worked hard and we were sorry that she lost. But we knew in advance that we were trying the impossible one,” Mugabe said, drawing laughter from both the Zimbabwe and South African delegation attending a binational commission, aimed at strengthening trade relations between the two neighbors” (Mhaladi, 2017).

Botswana retort to Mugabe:

The Ministry of International Affairs and Cooperation wishes to respond to the recent media reports in which His Excellency, Mr. Robert G. Mugabe, President of the Republic of Zimbabwe blamed the loss of the candidature bid of Botswana’s Foreign Minister, Dr. Pelonomi Venson-Moitoi for the position of the Chairperson of the African Union Commission, on the lack of support by His Excellency, Lieutenant General Dr. Seretse Khama Ian Khama, President of the Republic of Botswana. In this connection, the Government of Botswana has taken note of the comments and regrets these inaccurate and unfortunate remarks. However, the Ministry chooses not to comment any further out of respect for President Mugabe’s advanced age and as such, understands that allowances need to be made” (The Observer, 2017).

That President Mugabe has some age, that is true the President is now currently 93 years old and has been running the government since 1980. It’s high time for changes in Zimbabwe since the government is rotting on its roots. Therefore, political activists are detained on phony charges and no-sense policies are put on the people. The economy is fragile and weak, the reputation of the Bond-Notes is as low as it should be, considering it came with beautiful idea, let’s borrow money to print money. Could think they key economic adviser came from bankrupt banks and maybe it did!

So President Mugabe should be more careful, its been years since his last success, unless seeing his wife fleeing from the law in South Africa on possible assault with battery charges on a South African model. The rampant injustice of the system and total control that put the whole state into abysmal performance because of constant oversight. Clearly, the Mugabe regime and ZANU-PF has not thought of letting it go, even if it means making the situation worse, than it already is.

So that he critique the Botswana government for their African Union position and blamed them for the way it went. Shows the lack of tact the man has now. Instead of concealing defeat and discussing it with the Botswanian counterparts, he bluntly speaks ill of them with South African President Zuma. So use others misfortune to bond with important neighbor. That just how Mugabe, the supposed elder Statesman is acting and not supposed to be.

That President Khama should take is offense is natural, but Mugabe can offend anyone because of his age and get away it. Still, he deserves to be rebuked for his words. If he continues he will has less friends on the continent. Not that the Zimbabwean Republic is strong friend for them in need either. Not at this point. Peace.

Reference:

Mhaladi, Bakang – ‘Botswana mum after Mugabe jibe on Khama’ (03.10.2017) link: https://southernafrican.news/2017/10/03/botswana-mum-after-mugabe-jibe-on-khama/

The Observer – ‘“Mugabe’s comments are inaccurate and unfortunate”: Botswana responds to Mugabe’s attack on Ian Khama’ (05.10.2017) link: http://theobserver.co.zw/mugabes-comments-are-inaccurate-and-unfortunate-botswana-responds-to-mugabes-attack-on-ian-khama/

Opinion: ICJ supports the renewed notification from RSA gov. to stay within the ICC!

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:

  1. The Implementation of the Rome Statute of the International Criminal Court Act Repeal Bill [B23-2016] should not be passed;
  2. South Africa should remain a party to the Rome Statute of the International Criminal Court.
  3. South Africa should engage, where appropriate with other African States, in actively pursuing appropriate reforms within the Assembly of State Parties, with a view to making the ICC more effective in advancing the objectives of international justice.
  4. South Africa should actively encourage other African states to put in place legislation required to empower domestic courts with the ability to try genocide, war crimes and crimes against humanity.
  5. South Africa should continue to work constructively with civil society on the advancement of international criminal justice” (ICJ, P: 10, 2017).

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.

Reference:

International Commission Jurist (ICJ) – ‘South Africa should not withdraw from the International Criminal Court’ (March 2017)

South Africa: Withdrawal of Notification of Withdrawal from the Rome Statute of the International Criminal Court (07.03.2017)

RSA: ICC Withdrawal Welcomed and Process With Parliament – Committee (03.11.2016)

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CAPE TOWN, South Africa, November 3, 2016 – The Portfolio Committee on International Relations and Cooperation has welcomed the withdrawal of South Africa from the International Criminal Court (ICC).

The Chairperson of the Committee, Mr Siphosezwe Masango, said the repeal process will soon begin, once the Speaker of the National Assembly has referred the matter to relevant parliamentary Committees.

“We agree with Justice Minister Mr Michael Masutha’s statement on South Africa’s withdrawal from the ICC this afternoon in the House. For a long time we have witnessed the unevenness of international justice and the lack of universality of application in the manner in which countries are treated,” Mr Masango said.

“The ICC is biased towards selectively targeting African heads of states. Leaders of the permanent members of the United Nation’s Security Council are never acted against when they transgress,” he said.

On 19 October, the Minister of International Relations and Cooperation, Ms Maite Nkoana-Mashabane, handed to the United Nations Secretary-General South Africa’s intention to withdraw. Subsequently, Mr Masutha presented a statement that was discussed in Parliament. Of the nine cases in front of the ICC currently, eight involve African presidents.

South Africa: Time to account for crippling the state (01.11.2016)

Mandela Quote

South African citizens across the land are speaking out and taking action to express their dissatisfaction. The Nelson Mandela Foundation supports the demand to hold to account those responsible for compromising our democratic state and looting its resources.

Twenty years since Nelson Mandela signed South Africa’s Constitution into law and as the third anniversary of his passing approaches, it is painful for us at the Nelson Mandela Foundation to bear witness to the wheels coming off the vehicle of our state.

We have seen a weakening of critical institutions such as the South African Revenue Service, the National Prosecuting Authority and law enforcement bodies due to political meddling for private interests.

We are reaping the results of a political trend of personalising matters of state around a single individual leader. This in a constitutional democracy is to be deplored.

The ability and commitment of the Head of State to be a ‘constitutional being’, is one of the wheels of our state. The unanimous judgment of the Constitutional Court of the Republic in the matter of President Zuma and the use of state resources on a private residence was one such test. It is increasingly a national consensus that he has failed the test.

As this particular wheel rolls away, other critical institutions of state break off to follow it. The legislative, business, and public service sectors of the country are severely affected, compromising the ability of the state to serve the people. A battle now rages to keep SARS attached to the vehicle of state. What public discourse has described as ‘state capture’ by private and political interests is, we believe, a real threat to the Republic.

Another wheel is an accessible and well-functioning education system. Arguably this wheel has never been fully attached, but the failures of the last two decades threaten that it rolls away. Schools, in our view, particularly those in townships and rural areas, have largely been captured to political interests and have deteriorated to unimaginable levels. And now universities are being brought to their knees as they lurch from crisis to crisis while a semblance of normality is enforced under what are effectively states of emergency. This is not sustainable for any education system. The potential collapse of universities will damage our democracy to its core.

We call on the governing party to take the steps necessary to ensure that the vehicle of state be protected and placed in safe and capable hands. And we join the call for a national convention of stakeholders to begin to reimagine South Africa’s future beyond the unsustainable stresses of the moment.

Written Press Statement by the Nelson Mandela Foundation

Readout of the Secretary-General’s telephone call to H.E. Mr. Jacob Zuma, President of the Republic of South Africa (31.01.2016)

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The Secretary-General expressed his regret over South Africa’s decision to withdraw from the International Criminal Court.

NEW YORK, United States of America, October 31, 2016 – The Secretary-General spoke with H.E. Mr. Jacob Zuma, President of the Republic of South Africa. He acknowledged South Africa’s leading role in addressing pressing global issues, particularly with respect to peace and security in Africa and the Climate Change agreement. He thanked President Zuma for the constant support he has given to the Secretary-General on these issues.

The Secretary-General expressed his regret over South Africa’s decision to withdraw from the International Criminal Court and recalled the key role that the Government of South Africa had played in the negotiations that led to the adoption of the Rome Statute and as one of its first signatories. Noting that he appreciates the continued and unwavering commitment of the South African Government to justice and accountability, the Secretary-General expressed the hope that it would reconsider its decision before the withdrawal takes effect in twelve months’ time.

The Secretary-General also expressed his preoccupation with the situation in the South Sudan, and urged South Africa’s support in calling for an end to hostilities and a return to an inclusive political process.

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.

UN Burundi

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.

Botswana: Statement on the Withdrawal of South Africa from the Rome Statute of the International Criminal Court (ICC) – (25.10.2016)

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Statement attributable to the Spokesman for the Secretary-General on South Africa’s withdrawal from the International Criminal Court (25.10.2016)

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The Secretary-General believes that the International Criminal Court is central to global efforts to end impunity and prevent conflict.

NEW YORK, United States of America, October 25, 2016 – The Secretary-General regrets the decision of the South African Government to withdraw from the Rome Statute of the International Criminal Court. He recalls the significant role played by South Africa in the establishment of the International Criminal Court, including as one of the first signatories of the Rome Statute. He hopes South Africa will reconsider its decision before its withdrawal takes effect.

The Secretary-General believes that the International Criminal Court is central to global efforts to end impunity and prevent conflict. He is confident that Member States will continue to further strengthen the Court, thus helping deter future atrocities across the globe. He also hopes that States that may have concerns regarding the functioning of the Court seek to resolve these matters in the Assembly of States Parties to the Rome Statute.

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