Analysis: Is ICC targeting Africans ONLY … Is The Hague racist? UHURU/ RUTO’s case

NAIROBI, Kenya — As the African Union celebrates its 50th anniversary, its position on the International Criminal Court (ICC) shows how little has changed from the bad old days when its members’ fondness for looking after each other at the expense of their people earned it the nickname the “Dictators’ Club."
Dictators are harder to find nowadays, but clubbable leaders are still commonplace. As a continental body the AU has in recent years become a more benign presence and has notched up some remarkable successes, notably in Somalia where its peacekeepers have had unprecedented success in pacifying a violently wayward nation.
But the AU complaint that the ICC is a racist institution hunting down Africans because of the color of their skin shows that prickliness and misplaced loyalty are not things of the past.
“The African leaders have to come to a consensus that the process the ICC is conducting in Africa has a flaw,” said Ethiopian Prime Minister Hailemariam Desalegn at the AU summit in Addis Ababa at the weekend. “The intention was to avoid any kind of impunity, but now the process has degenerated into some kind of race hunting.”
The ICC has indeed opened cases in eight countries, and every single one is in Africa.
But that’s not the end of the story.
The governments of Uganda, Democratic Republic of Congo, Central African Republic and Mali are all signatories of the Rome Statute, the legislation that established the court in 2002, making them member states. In a clear admission of their own inability to deliver justice, all four invited the prosecution to open investigations.
Nearly a third of current ICC member states are African. 
In the case of Darfur, in Sudan, and Libya, neither of which are ICC member states, prosecutors were asked to investigate by the United Nations Security Council. 
The African states of Benin and Tanzania were among the 11 in favor of the Darfur referral in 2005. Gabon, Nigeria and South Africa were among the countries that voted unanimously for the Libya referral in 2011. 
In both Ivory Coast and Kenya, the office of the court’s prosecutor opened investigations of its own volition. In Ivory Coast, the government of President Alassane Ouattara welcomed the investigation. In Kenya, it only began after Kenya’s lawmakers failed repeatedly to set up a local tribunal, and after Kenya’s police and judiciary failed to even begin investigations of their own.
In every case, African states and therefore African leaders have played a key role in ushering in the ICC process. 
But now that those investigations have, in some cases, resulted in indictments against their own — President Omar Al-Bashir of Sudan is wanted for genocide, war crimes and crimes against humanity, while President Uhuru Kenyatta of Kenya is accused of crimes against humanity — they are changing their minds.
At last, Africa’s powerful leaders are faced with a court they cannot bend to their will, bribe or kill, and they don’t like it.
Writing in Kenya’s Daily Nation newspaper columnist Macharia Gaitho said that in spurning the ICC, the AU was calling “for Africans to be left alone to butcher each other without external interference."
“When all is said and done,” wrote Gaitho, “the AU leaders in Addis Ababa are rebelling against the international court out of self-interest, not higher principles.”
There are other ICC investigations underway, albeit less advanced than the eight African cases.
Chief Prosecutor Fatou Bensouda, the Gambian lawyer who took over from Argentinian Luis Moreno Ocampo in mid-2012, is undertaking preliminary investigations into alleged crimes committed in Afghanistan, Georgia, Colombia, Honduras and Korea. Bensouda has also opened investigations in two more African countries, Guinea and Nigeria.
The ICC was set up as a court of last resort, the place to which victims can turn when all other courts fail — when their judiciaries fail, when their governments fail.
It is little surprise then, that the ICC targets states with weak institutions and long histories of impunity enjoyed by leaders who are so often above domestic laws.
The AU is demanding that the case against their newest member, Kenyatta, who was elected in March, be transferred from The Hague to Kenya. He is accused of masterminding some of the horrific violence that followed the 2007 polls here. Nevertheless, he went on to win the greatest number of votes this year.
The AU claims that sufficient reforms have been enacted to ensure justice is served in Kenya but this is disingenuous. Much-needed and overdue, reforms to Kenya’s judiciary — and other institutions — are underway but not completed, and they have yet to prove themselves trustworthy in the eyes of all Kenyans. If justice for the more than 1,100 dead is to be found, it will only be at the ICC.
The AU’s position puts it firmly back in the camp of impunity. On its 50th anniversary, the AU is once again marching in lockstep with the powerful, arm-in-arm with alleged perpetrators of crimes against humanity, and against Africa’s citizens and victims.
 

22 comments for Analysis: Is ICC targeting Africans ONLY … Is The Hague racist? UHURU/ RUTO’s case

  1. Gaitho seems to forget alot.....Aparthied ended in 1992, where was the Hague. Americans seconded by Uk invaded Iraq through Nato... to look for weapons of mass destruction- Chemical weapons... and they found none.

    They lied that they received wrong intelligence from Iraq officials: was there independent investigations, who are the Generals who received the fake Intelligence.... or that is why Patreaus from America who led war in Iraq had to resign....to be away from Public eye?

    The ICC was dead asleep when all these were happening?

  2. Slobedan melosovic was easter european and white so the racist idea is wrong. Its more like the icc was not ment for western dictators only weak dictators. To the icc, there is a good war criminal and a bad war criminal. This makes it a rubbish institution in our eyes

  3. All said.... and heard. All the African states and a couple of the kenyan wananchi say that the two are innocent. Ok, but why cant you stop bickering about the hague and wait for the outcome. Thank you.

  4. WE MUST RESIST THE DEMONIC MANIPULATED OUTCOME OF ICC NOW AND FOREVER USING ANY MEANS NECESSARY.

  5. Get your fact right,Milosdevic was not tried by icc but a tribunal

  6. ANY SADIST WHO ARE HOPING TO SEE UHURUTO HUMILIATED CAN FORGET IT. GOD'S WAYS AND THOUGHTS ARE NOT LIKE OURS

  7. The issue is about how ICC has handled cases. Why did they not disclose that witness 4 had withdrawn? And why has the court not reprimanded or charged the Prosecutor for presenting withdrawn testimony? Why are many more witnesses claiming they were coached and others being bribed not to withdraw? Why has the court not investigated the claims of being coached? Why has no official named by those coached witnesses been fired or charged? Is it because the court is part of it? Why did they drop Muthaura's case and conveniently continue with Uhuru's yet their charges were the same? Why did the Court allow evidence that it had disqualified in the pre-trial stage to be added later after the prosecutor had realized the case was weak after witness 4 had withdrawn? It is such developments that make us doubt the court. If ICC was truly looking for justice, we would not be hearing things like witnesses claiming they were coached. That alone has tainted the court. They hurriedly lined up a few dubious individuals as witnesses in order to save costs on investigations and get a quick conviction. It seems they feel africans can be dispensed with. Get a conviction regardless of how you get it and who you convict whether innocent or not. After all, they are just africans and we need to justify our existence. The african leaders referred those cases there because they believed the court was beyond any kind of manipulation. But they have now realized it is even worse because it is now being used by those who fund it for their own agenda. That is why on this issue, I support the African Leaders.

  8. Who killled Muamar Qaddafi of Libya? After trampling on Iraqi's human rights and killing their President without any one raising a finger they rolled into Libya. Who is next?

  9. Hague is the most racist court ever. In Bosnia, with all the genocide did they arrest anyone? Have you ever seen white people indicted? Its time Africans open their eyes and mind.

  10. we must reject discrimination we are also human beings.

  11. discrimination and falsehood being baptized as justice by icc.

  12. Well stated anonymous 07:47

  13. We love you Uhuruto and our prayers and support are with you.

  14. I say God's power, strength, authority, divine protection and victory and uncommon favour be yours forever Uhuru and Ruto in the name of Jesus

  15. There 's a a brilliant article in The African Report Magazine about this matter plaes check it out

  16. WHAT HURTS MOST IS THAT THE ICC JUST CHARGED THE PEOPLE WHOSE NAMES WERE HANDED OVER TO THEM WITHOUT INVESTIGATIONS OF THEIR OWN.THIS TO PAVE WAY FOR INDIVIDUALS WHO WERE REJECTED BY VOTERS TO SAIL THROUGH WITHOUT MUCH COMPETITION BUT IT WAS NOT TO BE.GOD WORKS IN HIS OWN MYSTERIOUS WAYS BUT THE BLIND MINDS CANNOT SEE
    THAT;UHURU AND RUTO WERE ANOINTED BY GOD AND THAT IS WHY,
    TRY AS IT MAY,THE ICC WILL FAIL SHAMELESSLY.

  17. ICC investigations are/were shoddy. They use locals to investigate but they treat them badly, they do not pay them on time and they do not even pay them the salaries as agreed in the signed contracts, the employees have to justify their pay despite having signed a contract. The ICC treats them with suspicion whenever they put in their claim/fee note. How do they expect to win when their employees/investigators are demoralised and demotivated.

  18. Quite unfortunate for Bensouda, she inherited a shoddily investigated case by her predecessor without knowing that the evidence given does not hold water at all. The evidence, the witnesses,are all crap collected by KNHRC under the leadership of one Senator Hassan Omar Hassan.

    He had RAOs name on his evidence only to be bullied and intimidated by him and his cronies to remove it.
    On the other hand some people acting like hyenas who presume a hanging hand will fall to their advantage and take over the Gava from UHURUTO as the case progresses.The case is doomed to fail in totality. Cheers African leaders for the collective decision you took.

  19. AFRICANS LET US RISE ABOVE ETHINICITY N REALISE THAT WE R USED BY WEST AS EXPERIMENT.

  20. we may be guilty for crime but we can only confess our sins in heaven because everyone is equal in the eyes of GOD,why are we not equal in the eye of man?why did Icc come into being after all world countries gained independence especially africa?we the britain/turkey investigated on crime againgst the JEWS when a whole ship with 750,000 people capsized?where the aparthied dictators,colonialist not being followed?the monarchy in britain was the beneficially of the resource,human labour(slavery),torture,burying African alive to the head(waiyaki)was that not crime against humanity where even cameron(uk PM)BELIEVE said that the colonial era doings are not obligations of his administration?as US came knocking for us(kenya)to sign a memoranda for them to be exempt from prosecution on international crime e.g where 24 iraq citizen were massarced by there soldiers where was icc?.why why is icc mum on syria-no tangible resource/benefits,let us be judged equally but not arm twisting others for their national resources

  21. Yap! its targeting Africans. The ICC does a shoddy job because in their minds Africans have no brains they do not know what the rules of evidence entail. They get a list from compromised fellows, select 3 from each side of the divide, coach and pay of witnesses, confirm charges on hearsay evidence and then tell us to give them evidence!!!! Then shout to high heaven that the government has refused to co-operate so that they have reason to lock up the indictees. They are a hogwash court and the AU is right in branding them an anti African court. They even put africans on the bench and prosecution so that it may appear like the mzungu has nothing to do with this. TUNAWACHEKI!! Hatuna nguvu lakini tuna MUNGU!!

  22. We wonder why majority of sympathisers/supporters of ICC Kenyan case cant see the tricks of our former colonisers in supporting the an institution like ICC which is funded mainly by the Western Countries some of whom are not signed up members of the ICC Charter.The UN should taken responsibility of oversight of this court.It is wrong to allow the Office of Prosecutor to be running the office without supervision from the office of the Secretary-General,UN Security Council and General Assembly.The ICC should not rush to investigate situations like in Libya and Ivory Coast. Now there is a tag-of -war between Libya and the ICC Prosecutor whether to prosecute son of late Gaddaffi.The Prosecutor is said to have insufficient evidence against Gbagbo of Ivory Coast. The Kenyan Cases are also giving ICC Court headache regarding witnesses who are dropped and new ones picked to replace those who have recanted for various reasons. Why do we have an office at UN to examine evidence gathered by prosecutor before forwarding the cases for prosecution before judges which office can inform the Office of Prosecutor to gather more evidence if he has not done enough investigations. Judges should only wait to hear the cases where they is enough evidence. The ICC Prosecutor is having problems for he rushed the Kenyan cases before carrying out sufficient investigation but relied on reports by human rights groups who had their own motives and funding from undeclared sources.

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