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Archive for the tag “International Criminal Court”

The EU is so forgetful: Forgetting the sentiment of Museveni concerning the ICC!

ICC is a bunch of useless people” – President Yoweri Kaguta Museveni on the 12th May 2016.

It is like certain leaders doesn’t learn from their behavior and attitude. At the same moment, they are forgetting the sentiment and what that been said in the past. A man or a President like Museveni has said anything between the moon and Lake Albert. However, the European Union doesn’t need to condemn this activity, they need to show force and show character. The statement made by them yesterday concerning the International Criminal Court (ICC) and the non-arrest of Sudanese President Al-Bashir. Instead of being released could have been scrapped. They should have known that he doesn’t care about the ICC.

First show the statement made by EU, before more statement of how Museveni feels about the legal international entity. Look!

Based on the information we received, on 5-7 July President Omar Al-Bashir visited Djibouti and Uganda” (…) “The European Union and its Member States regret that Djibouti and Uganda, both States Parties to the Rome Statute of the International Criminal Court (ICC), did not comply with their obligations under international law and as State Parties to the ICC and did not surrender President Al-Bashir to the Court.” (The European Council – ‘Declaration by the High Representative on behalf of the EU on President Al-Bashir’s visits to Djibouti and Uganda’ 09.07.2018).

Just as you seen the EU is regretting that the National Resistance Movement (NRM) and the President Museveni didn’t deliver President Al-Bashir after his visit in Entebbe for the Peace Summit for South Sudan there. The EU are clearly forgetful, because Museveni isn’t friendly to the ICC anymore.

At the Inauguration of Uhuru Kenyatta, the extract of the speech on the 9th April 2013:

Furthermore, I want to salute the Kenyan voters on one other issue – the rejection of the blackmail by the International Criminal Court (ICC) and those who seek to abuse this institution for their own agenda. I was one of those that supported the ICC because I abhor impunity. However, the usual opinionated and arrogant actors using their careless analysis have distorted the purpose of that institution. They are now using it to install leaders of their choice in Africa and eliminate the ones they do not like” (Yoweri Kaguta Museveni, 09.03.2013).

On the 52nd Independence Day celebration speech at Kololo on the 10th October 2014:

For International Criminal Court to handle them as just legal matters, demonstrates their level of shallowness. My view is that, at the next summit, African countries should review their membership to the ICC treaty” (Yoweri Kaguta Museveni, 10.10.2014).

At Televised Presidential Candidate Debate on the 14th February 2016, the President said this:

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” (Yoweri Kaguta Museveni, 14.02.2016).

President Museveni have not liked the ICC in recent years. The President really despise the ICC now. He has not shown any concern or care for it. He call it a mistake and also that they are blackmailing the African Nations. That is why, the EU should have figured it out. If anyone is on the ICC list or wanted for arrest. It is not like Museveni will respect it, he hates the ICC and what it does. He has shown that.

The administrators and secretaries in Brussels should know this, they should have records, even remember that the Ambassadors of EU walked out on the inauguration ceremony in 2016. The statements from 2013 unto 2016 are alone telling the story. Certainly, he has the same sentiment in 2018. He is an old man, not a miracle worker.

President Museveni doesn’t give a fig about the ICC and what they say. Neither does he fear the EU, as they need him to keep the refugees from spawning to shores of Europe. So he can say what he like and not fear for retribution. The EU knows this and therefore, will not push Museveni to comply to the provisions of the ICC. He doesn’t have to fear it or respect it even. Al-Bashir is a friend of Museveni at this point. Peace.

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Bemba Acquitted in the ICC: Witness Tampering & mistakes by the Trial-Chamber is the reasons for the Verdict!

The Movement for Liberation of Congo (MLC) Jean Pierre Bemba, who has been charged with War-Crimes as multiple rape and killings in the Central African Republic (C.A.R.) between 2002-2003. Have now this week gotten a favorable verdict in the International Criminal Court (ICC). By everything written in the Court Documents. The verdict is challenging the Trial Courts predetermination and the lack of evidence to back the supposed crimes Bemba committed. Even if all the crimes of MLC did in CAR. The evidence and the affidavits are not clear enough to indict him or prosecute him. That is why he is freed from the charges in this case against him. Though he has been charged with Witness Tampering, that might be a lead into why the verdict became what it is. As the ICC cannot establish legal grounds for his crimes. They are out of jurisdiction and out of order, to charge him and detain him, when the lack of evidence is there.

This here is a failure of previous ICC Luis Moreno-Ocampo, who indicted Bemba on the 13th October 2010 for dozens of War-Crimes counts of Rape, Murder, Pillaging and Crimes Against Humanity. If he had collected the evidence properly and haven’t let Bemba and associates off the hook. He wouldn’t have given Bemba the ability to tamper with the evidence. That is especially worrisome after he was caught in Belgium in 2008 and indicted in 2010. Later on the 19th October 2016 for crime of witness tampering in connection with the Bemba-Trial. That could give the ICC rights to keep Bemba in inside for 5 years. However, he has been behind bars since 2008. Therefore, the verdict today is dire to the ones that was in the midst of the MLC fire in Central African Republic in the time period of 2002-2003.

First, I will show what was written by the Witness tampering that the Bemba team did, before we look into the reason for the favorable verdict for Bemba. Let’s look!

di Rossella Pulvirenti wrote:

After a meticulous reconstruction of the facts, the ICC concluded that Mr Bemba, who was detained in the Scheveningen prison at that time, gave directives on the content and the modalities of witnesses’ testimonies. He was helped by Kilolo, who implemented Bemba’s instructions. He illicitly coached and prepared defence witnesses in consultation with Mangenda, who liaised between Mr Bemba and Mr Kilolo. Almost all the fourteen defence witnesses received either money, other valuable goods or non-monetary promises as a ‘gift’ or a ‘token’ shortly before their testimonies before the ICC in the main case. In exchange for those ‘gifts’, witnesses were suppose to provide false testimony declaring that Bemba’s Movement for the Liberation of Congo military was not responsible for the alleged crimes and that the Congolese army was under the command of Central African generals” (…) “Trial Chamber VII condemned Bemba, Kilolo and Mangenda, as co-perpetrators, for corruptly influencing fourteen witnesses, giving false testimony and presenting evidence that they knew was false. Moreover, Bemba was found guilty of soliciting fourteen witnesses to provide false testimony, Kilolo was convicted for inducing those witnesses to give false testimony and Mangenda was found responsible of aiding and abetting the giving of false testimony by, respectively, two and seven defence witnesses. Mangenda was found not guilty of having aided, abetted or otherwise assisted Bemba and Kilolo in convincing the other five witnesses to provide false testimony. Finally, Babala was found guilty for aiding the other defendants for corrupting two of the fourteen defence witnesses. Finally, Arido was convicted of corruptly influencing four defence witnesses” (di Rossella Pulverinti – ‘The first case on witness tampering at the International Criminal Court: conviction for Bemba and four of his associates’ – GIURISPRUDENZA PENALE WEB, 2016, 11).

Outtakes from the Verdict on the 8th June 2018:

Importantly, the Trial Chamber failed to properly analyse this evidence and address its potentially extremely low probative value. The Trial Chamber also failed to give even an indication of the approximate number of crimes that were committed at these locations. Thus, beyond the low number of individual instances of crimes found to have been established beyond reasonable doubt, it is unclear how widespread the criminal behaviour of the MLC troops in the 2002-2003 CAR Operation was; and, as a corollary, it is difficult to assess the proportionality of the measures taken. Furthermore, the Appeals Chamber notes the apparent discrepancy between the limited number of crimes for which Mr Bemba was held responsible under article 28 and the Trial Chamber’s assessment of the measures Mr Bemba should have taken, which appears to have been based on the much broader and more general ‘finding’ by the Trial Chamber concerning widespread MLC criminality in the CAR. Indeed, a finding that the measures deployed by a commander were insufficient to prevent or repress an extended crime wave, for example five hundred crimes, does not mean that these measures were also insufficient to prevent or repress the limited number of specific crimes, for example 20 crimes, for which the commander is ultimately convicted” (ICC-01/05-01/08-3636-Red 08-06-2018 75/80 EC A).

Had the Trial Chamber properly assessed the measures that Mr Bemba took and 193.had the Trial Chamber properly considered the list of measures that it stated that Mr Bemba could have taken in light of the limitations that he faced in the specific circumstances in which he was operating, it would not have been open to it to reach the same conclusion. The errors the Trial Chamber made resulted in an unreasonable assessment of whether Mr Bemba failed to take all necessary and reasonable measures in the circumstances existing at the time” (ICC-01/05-01/08-3636-Red 08-06-2018 75/80 EC A).

In these circumstances, the Appeals Chamber considers it appropriate to reverse 197.the conviction of Mr Bemba and to declare that the criminal acts listed above at paragraph 116 are outside the scope of this case and that the proceedings in that regard are discontinued” (ICC-01/05-01/08-3636-Red 08-06-2018 75/80 EC A).

You can clearly see that there is technicalities from the ICC that is the reason for the verdict. If the case was differently, if the Trial Chamber had collected their evidence and affidavits correctly. The case would have been differently, secondly, if the Bemba-Team was already charged with tampering with witnesses in the case. All of that would most likely make a difference for the case. However, the ICC are themselves to blame that Bemba is off the hook.

They have not done their job properly in the collecting of evidence, neither affidavits from witnesses. They have not done it after the statutes. That is why the MLC and Bemba possibly gotten away with their actions in the CAR.

It is not yet over, but this shows how important the collection of evidence, witness statements (affidavits) and actually have the ability to present the case after the statutes of the Court. Peace.

Opinion: I don’t believe that Nkurunziza will step down in 2020!

I do not believe the reports that President Pierre Nkurunziza will step down in 2020 when his “final” third term is ending. As he has already rewritten the Constitution, gotten a favorable verdict in the Constitutional Court to run in 2015 and has reason to step down. As he has consolidated all powers among himself and his closest allies. Even build a youth brigade together with police, military and agents of the government oppress, detain and kill opposition activists and leaders. Therefore, he has no reason to step down. If so, what will he become if he steps down?

Will he become a shoeshine boy on the streets of Bujumbura or merchant. Since he has been the merchant of death and destruction. He has used propaganda and misused power. Shouldn’t he be afraid of stepping down? Since he has oppressed, taken total control and gotten rid of everyone standing in his way. Doesn’t he think that someone will have his crimes challenged if he steps down?

Seems like a dream after a 13 years of nightmare. He is supposed to just deliver 15 years of darkness and lack of dim light. I have feeling this isn’t real, other people like he has promised to step down and never did. They have said they would do so if the public wanted it. However, they have lingered for decades upon decades. Rigged elections, used the military as his power-tool to put the people into submission. Also the Imbonerakure to silence his opposition together with the Police. Therefore, he has little reason step down.

If someone is rewriting the Constitution to fit him, has all powers and should be afraid of prosecution and retribution after all the ills he has done. He would earn little to step down, unless he got a villa near Yahya Jammeh in Equatorial Guinea. That is the place where he should reside and surely President Obiang will give him space, like he offered Mugabe the other day. He want the dictator gathering on the outside of the African Union and no one can blame him for trying hard to do so.

However, Nkurunziza is just doing like many others of his kind. Speaking of stepping down, but never really doing so. He will rewrite and make sure he has the office. As he is using the state and the Republic as his private enterprise. The state party is all built around him and his cult-figure. He is the hero and the one that Burundi needs.

Therefore, I don’t believe the hype. At this speed there is a need for a revolution or a coup to bring him down. It is not like the elections or the CENI is built for anyone else than him. The way things are, everyone in the authorities are his stooges and his paid cronies. There are no one else than him. It is either Pierre or nothing. Peace.

Opinion: Appointing Museveni to mediate anywhere, was bound to go nowhere!

The situation in Burundi, just like the one in the Democratic Republic of Congo and South Sudan can’t be dealt with overnight. Anybody expecting a quick fix is dreaming” – Dr. Okello Oryem

Recently during this week, the Minister of State for International Affairs Okello Oryem has said this. It is very revealing of the arrogance and the stature of the talks, the dialogue and the works done by the Ugandans in the conflicts where the East African Community (EAC) has appointed President Yoweri Kaguta Museveni to be the mediator. I never had faith in Museveni and to this day, I haven’t been wrong about that. Nothing has changed in South Sudan or Burundi, where Museveni is suppose to help changing it and get into a peaceful process. Instead it is more and more volatile.

What the grandest problem with having Museveni as mediator in South Sudan, is that his army is delivering weapons and ammunitions to the Sudan People’s Liberation Army, the SPLA and the SPLM/A-IG. They are serving the government with weapons and the technical training, while they are supposed to be there and secure the negotiations to a peaceful place. That is playing with fire and expecting to have the ability to drown it too. Your providing the opportunity for the government to continue to battle the opposition, while being a party at the table negotiating the possible peace agreement. That sounds like a bad mix of sources and interests at play. Museveni should clearly, just be a weapon brother and not a mediator. Someone who isn’t involved in delivering weapons to South Sudan, should mediate and not someone who serves guns to President Salva Kiir Mayardit. That is just wrong and has self interests in prolonging the conflict. He get to trade more weapons and ammo to the government there.

While in Burundi, the Inter-Burundian Dialogue has been directed by the President. A President that helped his fellow President to return in 2015 after a tried Coup d’etat and demonstrations against his third term. That led into bloodshed and also continued oppression of the dissidents inside Burundi. Where the dialogue haven’t materialized into anything, while the ruling regime has held a new referendum and now secured legality of Pierre Nkurunziza to to rule into 2034. Which is insane, when he entered into power, he was only allowed to have two terms, but he has changed the laws just like Museveni.

President Museveni hasn’t stopped the Burundian President and his control of the dialogue, deciding who could participate and when it could happen. Nkurunziza and his administration has totally muffled the Tanzanian chief talker Mpaka. Therefore, now that he has been part of this since 2015, as the African Union, United Nations and East African Commission have all said Museveni should do this. But they never gave him a proper mandate or done anything if Nkurunziza didn’t listen. They sent some police officers and observers at some point after 2015, but nothing has materialized.

Therefore, seems more like Museveni has been appointed and is lucky to shield his friends. Looking like he makes talks, but stalling for times. While both parties in South Sudan and Burundi are allowed to get rid of opposition, they are allowed to get weapons and use scare tactics to get rid of enemies. While he looks at in sometimes blaze some strong words. But Museveni will not act upon it, as they will do talks in secret and secure that Burundi and South Sudan get what they need. To keep the leadership, which is friendly to Museveni. Not to its people, but loyal to him. So he can be the big-man in East Africa. Peace.

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