• Live
    • Audio Only
  • google plus
  • facebook
  • twitter
  • International Criminal Court focuses on Africa.

    International Criminal Court focuses on Africa.

Published 2 November 2016
Opinion
To date, the ICC has investigated about 39 cases and 38 of them are on the African continent.

The International Criminal Court was initially viewed as the world's haven from atrocities and a tribunal that would protect the rights of those whose freedoms had been taken away and whose voices had been silenced. The court was established by the 1998 Rome Statute with 139 signatories and 123 ratifications.

RELATED
Another African Nation Drops 'International Caucasian Court'

Fast forward about 14 years from the year the statute entered into effect in 2016, when three ratifying countries—South Africa, Burundi and Gambia—have announced their withdrawal from the entity. Although the decisions have proven to be controversial both within and outside of nations' borders, the question is why?

One of the biggest criticisms facing the international body is that it is biased against African states. The African Union has long pointed this out and in 2013 it called for immunity for sitting leaders indicted by the court. It was denied in 2015 in the pursuit of Sudanese President Omar al-Bashir along with the subsequent prosecution against the South African government for failure to detain him.

To see why these accusations persist is to understand the context: to date, the ICC has investigated about 39 cases and 38 of them are on the African continent. This fact undoubtedly places the court's supposed impartiality under scrutiny when it appears to cast a blind eye on the doings of Western leaders. The court's legitimacy is further questioned by the fact that super powers such as the U.S., China and Russia have yet to be subjected to its authority.

The legal body shrugged off the claims by reiterating that the ICC is comprised of some African officials and therefore cannot be biased against the continent. The ICC flaunted its double-standards when it announced that it would not investigate former British prime minister Tony Blair for sending U.K. troops into Iraq under false pretenses. However, British soldiers may still face prosecution.

According to an article published by Forbes in 2014, the ICC had only convicted two out of all the people it had indicted with an expenditure of about US$1 billion. Earlier in 2016, the court pursued its third prosecution against former vice-president of the Democratic Republic of Congo Jean-Pierre Bemba Gombo who was sentenced to 18 years for rape and pillage committed by his troops in the Central African Republic.

RELATED
ICC Won’t Investigate Blair but Might Prosecute Soldiers

The irony of this conviction lies in the countless incidents of child abuse committed by European troops deployed in peace-keeping missions in that very nation. The U.N. rid itself of responsibility, stating that the onus is on each country to prosecute its own troops.

So another criticism of the legal body is that it has so far been ineffective and expensive, that in all of its 14 years, only perpetrators from two parts of the whole world have been indicted while everyday there are crimes ravaging humanity in all corners of the globe, many at the hands of the same members of the institutions who dominate the world.

It is not to say that such crimes should not be addressed, however if humanitarianism is going to continue to be used as a cloak that serves both as a hero's cape during the day and a blanket to cover the truth at night, then the court's mandate is skewed. Justice should not only be a privilege for the 1 percent.

Comment
0
Comments
Post with no comments.