UN/ICC RACIAL DISCRIMINATION: Targets only non-western non-white nations
Posted on March 12th, 2014

 Shenali D Waduge

“If I may say so, this is not a court set up to bring to book prime ministers of the

United Kingdom or presidents of the United States.”

(Former British Foreign Minister ” Robin Cook)

When the Treaty for an international court is hastily drafted in 4 weeks by a Coalition of NGOs and is almost 70% funded by EU member nations and has to date since becoming a permanent tribunal (11 March 2003) indicted 27 Africans from 7 African countries only it is extremely hard to not wonder why only one continent and only black leaders have become targets of the International Criminal Court. It rekindles Church-partnered colonial imperialism wherein the aim of the Church was to steal the Africans from Africa while the aim of European colonial imperialists was to steal Africa from the Africans. This theft has been taken to a new level through the ICC in a bid to legally remove Africa’s leaders and secure neocolonial expansion.

While the ICC can prosecute crimes committed only on or after 1st July 2002, over 70% of the world’s population does not come under its jurisdiction with hardly 27% seeking membership of the ICC. The populations of the countries that have ratified the Rome Statute ((Andorra, Antigua, Dominica, Barbuda, Nauru, Liechtenstein, San Marino) is hardly 347,000 while the populations of countries that have not ratified the Statute runs into billions – China 1.25b, India 1b, Indonesia 230m, Russia, 150m, USA, 312m, Japan 125m.

That tribunals have been aimed against anti-Western targets is proven by the ad hoc courts held thus far:

  • International Criminal Tribunal for the Former Yugoslavia (ICTY)
  • International Criminal Tribunal for Rwanda (ICTR)
  • Tribunals for East Timor, Sierra Leone and Cambodia
  • NOT A SINGLE has been held to investigate the military interventions since 2003 that led to civilian deaths through NATO air strikes, unarmed civilian killings by coalition forces, use of banned chemicals by coalition forces. This is where the double standards and hypocrisy is question.

With regard to the establishment of the ICC we raise some question:

  • Has the UN Charter given power to the UN Security Council to bind non-state parties to any international treaty? The answer is no because under the Law of Treaties, no state can be forced to accede to a treaty or be bound by the provisions of a Treaty it has not accepted. Thus the ICC Statute is violating the fundamental principle of international law by conferring power to the Security Council which it does not have the power to do since the Security Council has non-state parties and how can non-state parties bind other non-state parties?
  • Is it also true that NGOs set up the agenda, drafted documents and lobbied delegates of the ICC and questions the credibility.
  • When the ICC’s budget is financed by the European Union providing over 75% of funds would the EU members allow the crimes of its countries to be taken for trials? The biggest contributors to the ICC in 2009 were Germany €12.95m (almost 14%); UK €10.03m (10%); Italy €7.67m (8%); France €7.55m (8%); Spain €4.48m (4%). The five dominant EU countries paid 44% of the ICC budget.
  • Why should people be taken from their homes and shipped to Europe to sit in European prisons before awaiting ICC trial?.How fair is this system and does it not resemble colonial justice system?  
    • When Article 116 of the Rome Statute provides for voluntary contributions but details of the mysterious donors are kept hidden we again question the indirect influence being exerted especially when donors can be  major multinational companies who can influence even governments.
    • Is it also true that the ICC Chief Prosecutor, Luis Moreno-Ocamp who took up Darfur had never been to Sudan, his office had not visited Sudan and they relied only on tidbits given by ‘advocacy’ groups and NGOs?
    • Why has the ICC completely shut out the need to investigate human rights abuses by super power states and their puppet client states?
    • Why has the ICC ignored Iraq, Afghanistan, Libya?
    • If Article 13(b) and 166 of the ICC Statute grants special “prosecutorial” rights to refer to defer an ICC investigation/prosecution to the UN Security Council how valid is it when 3 of the 5 permanent members are not members of the ICC?
    • If the ICC is logistically dependent on the UN and can exercise territorial jurisdiction/personal jurisdiction ONLY to the states party to the Rome Statute how ‘universal’ is the ICC to be defined a world court?
    • If Article 16 enables the UN Security Council to delay prosecutions for a year how accountable is the ICC as it is not accountable to any public entity.
    • On what grounds can ICC deny allegations made by the US that the Rome Statute creates a ‘self-initiating prosecutor answerable to no state or institution other than the Court itself”.
    • What can the ICC say when US support for ICC was based on referring Darfur (Sudan) in line with its political agenda despite US accusing ICC of being used to pursue political vendettas? When Hillary Clinton in January 2009 says ‘we will end hostility toward the ICC and look for opportunities…..that promote US interests by bringing war criminals to justice’ does it not imply that the US plans to use ICC for its own agenda?
    • Is it true that the ICC Statute says that the use of weapons of mass destruction is NOT A WAR CRIME?

 Why does ONLY US enjoy immunity

In a world where every country is to be treated equally irrespective of their size how is it that the US which has not ratified the Rome Statute on the grounds that US forces overseas could be prosecuted by the ICC can force bilateral immunity agreements (BIA)?

 US passed the American Service Members Protection Act in 2002 known unofficially as “the Hague Invasion Act” wherein even American lawyers can face legal action if they work on a case which could lead to a US citizen being put before the ICC. This US Act even enables the US to come and free any American on trial in The Hague using Article 98 Agreement signed with other ICC member countries where state parties are made to assure that they will not hand over any US citizen to the ICC or any other international tribunals. US has also thought of punitive actions for countries refusing to sign BIA’s with US and through the 2004 Nethercutt Amendment, US can penalize member countries by cutting foreign aid. Thus by 2006, over 100 bilateral agreements had been signed with 53 countries refusing to sign.

 ICC & EU

 ICC’s 4 biggest funders are Germany, Britain, France and Italy ” not only do they dominate the court, they hold the key to the existence of the ICC. We would not be exaggerating if we say that the ICC is a project of the European Union. Influence of EU over ICC is seen by the EU issuing over 275 demarches (60  per year) against over 110 developing countries to ratify the Rome Statute and the Agreements on Privileges and Immunities.

  • How ethical is it for the EU to fund 21 pro-ICC NGO projects that were tasked to campaign to get nations to ratify the ICC?
  • What level of impartial and unbiased productivity can we expect when close to 60% of the employees working for the ICC are Europeans or non-whites worshipping Europeans and not caring what happens to the natives of the countries they originated from?
  • Isn’t it odd that out of 294 professionals, 147 come from Europe, Australia, Canada, New Zealand and the US ” the countries that have not ratified the Rome Statute?

Statements that clearly show Western influence over ICC

“The EU will continue to use all means available to it to promote the ICC in its policies and the principles of international criminal justice. It will accordingly bring the ICC into its policies, particularly in development, conflict prevention, justice, freedom and security.” (2008)

“The ICC is mainstreamed into EU internal, as well as external, policies targeting areas where the Court is under-represented, such as Asia, Central Asia and the Middle East.”

“The ICC badly needs to regain the confidence and trust of the people whose interests it is pursuing. It must correct the image it has acquired of an institution subject to manipulation by the Ugandan government for political expediency. It must restore the image of a credible international institution.” (Human Rights Watch)

The Uncle Toms & Aunt Jemima’s

Joining the list of Uncle Tom’s is Fatou Bensouda (Gambian lawyer) who takes over as ICC Chief Prosecutor. She is an African and probably chosen for the role to counter claims that ICC only targets Africa. From Obama, Condelezza to Tutu, to Pillay the trend is to place non-whites on the pedestal and have them bring their own people to the gallows and they are doing a marvelous jobs on behalf of the white imperialists for which they are remunerated by gratifying their personal complexes.

African States coerced into signing/ratifying ICC Rome Statute

Revised Cotonou Agreement of 2002 came with a carrot of millions in ‘development’ aid and coerced 34 African states into signing/ratifying the ICC Rome Statute. This is where advisors who may be functioning as Uncle Toms end up manipulating state leaders for having signed and even ratified the ICC statute they must take responsibility for willingly joining the body. African leaders and Asia’s leaders need to be mindful of what they sign and most importantly be certain that the advisors they have chosen are not Uncle Toms or Aunt Jemima’s.

These actions clearly show that the non-whites are bribed by development aid into signing and ratifying agreements and signing immunity clauses that would put only non-white nations on trial and allow white-western nations to enjoy immunity. So where is there justice without racial bias?

If we take the leaders of the countries ICC has charged we raise some questions

  • Uganda ” Why does ICC charge LRA rebels but not pro-US Government headed by President Museveni?
  • DR Congo ” why is the ICC mum on links between armies of Uganda and Rwanda (both pro-US)
  • Sudan ” If Sudan is a non-signatory of the Rome Statute why did ICC take action on Darfur?

Rwandan President Paul Kagame has dismissed ICC as a new form of imperialism created by the West ‘put in place only for African countries’ and reflected ‘colonialism, slavery and imperialism’.

Uganda case study: The International Court of Justice in a 2005 landmark case adjudicated on claims by DR Congo that the Ugandan government had invaded Congolese territory and plundered its natural resources and massacred civilians. ICJ held that Ugandan troops occupying DRCongo were bound by IHL and HR obligations and the Ugandan Government were liable under doctrine of responsibility. ICC however did not indict any Ugandan officer/official for these crimes but instead indicted Thomas Lubanga for allegedly using child soldiers in DRCongo. While ICC did not charge Uganda it went after Ugandan rebels. Is this because of the US support involved?

Congo case study: ICC has also turned a blind eye to crimes committed by the Congolese government inside Congo giving impunity to the government in Kinshasa.

African Unity

It has been long coming but finally the 54 nation African Union has closed ranks demanding ICC drop criminal charges against sitting presidents. “African states parties should comply with African Union decisions on the ICC and continue to speak with one voice….There is an imperative need for all member states to ensure that they adhere to and articulate commonly agreed positions …”

The level to which Africa’s nationalism has degenerated following imperial influence and presence is seen by the emergence of Uncle Tom’s influencing the thoughts of the masses using their Western lobbies and mass media. As such the Uncle Tom’s led by likes of Desmond Tutu openly professed Africa should not withdraw from the ICC which was embraced and trumpeted in western capitals.

There are many Uncle Toms and surrogates not only in Africa but in Asia and Latin America as well. These are people reluctant to question on what grounds the US can rescue its citizens from The Hague but US insists all others stand trial.

The calls by the 54 African Union to withdraw from the ICC shows that Africa is finally waking up from slumber and is seeing the ICC as another instrument of apartheid and discrimination.

NAME COUNTRY DETAILS
1.       Narcisse Arido Central African Republic Arrested in France on 23 November 2013

Indicted 20 November 2013

2.       Jean-Jacques Kabongo Central African Republic Case in pre-trial stage

Indicted 20 November 2013

3.       Aime Kilolo Musamba Central African Republic Case in pre-trial stage

Indicted 20 November 2013

4.       Fidele Wandu Central African Republic Case in pre-trial stage

Indicted 20 November 2013

5.       Jean-Pierre Bemba Central African Republic (CAR) Trial began on 22 November 2010 / second arrest warrant issued on 20 November 2013

Indicted 23 May 2008

alleged to have led the Movement for the Liberation of the Congo (MLC), a Congolese rebel group, into the CAR after Central African President Ange-F©lix Patass© sought Bemba’s assistance in suppressing a rebellion led by Fran§ois Boziz©. Bemba was arrested in Belgium on 24 May 2008, transferred to the Court’s custody on 3 July 2008

6.       Thomas Lubanga DR Congo Appealing sentence of 14 years’ imprisonment

Indicted 8 July 2005

founding leader of the Union of Congolese Patriots (UCP), a rebel movement in the northeast part of the DRC, as well as the founding commander-in-chief of the UCP’s armed wing, the Patriotic Force for the Liberation of the Congo (FPLC)

Lubanga Dyilo was arrested on 19 March 2005 by Congolese authorities after allegedly ordering an attack on UN peacekeepers

7.       Bosco Ntaganda DR Congo Case in pre-trial stage / second arrest warrant issued on 13 July 2012

Indicted 22 August 2006

Third highest-ranking official in the Patriotic Force for the Liberation of the Congo (FPLC), the armed wing of the Union of Congolese Patriots (UCP), a rebel movement in the northeast part of the DRC. The Congolese government refused to arrest him and in 2009 Ntaganda became a general in the Congolese army but after he defected to form March 23 Movement the Congolese issued arrest. He entered Rwanda and asked the US consulate to facilitate surrender.

8.       Germain Katanga DR Congo Convicted on 7 March 2014, awaiting sentencing

Indicted 2 July 2007

O n 7 March 2014, Katanga guilty of four counts of war crimes and one count of crime against humanity

9.       Mathieu Ngudjolo DR Congo Acquittal pending appeal (released on 21 December 2012)

Indicted 6 July 2007 – Trial Chamber II acquitted Ngudjolo Chui.

commander of the Nationalist and Integrationist Front

10.   Callixte Mbarushimana DR Congo Charges dismissed on 16 December 2011 (released on 23 December 2011)

Indicted 28 September 2010

 Executive Secretary of the Democratic Forces for the Liberation of Rwanda (FDLR)

Mbarushimana was arrested in France on 11 October 2010 and transferred to the Court on 25 January 2011

11.   Sylvestre Mudaumura DR Congo FUGITIVE

Indicted 13 July 2012

commander-in-chief of the Democratic Forces for the Liberation of Rwanda (FDLR), a Hutu Power rebel group

12.   Mohammed Ali Kenya Charges dismissed on 23 January 2012

Indicted 8 March 2011

Commissioner of the Kenya Police,

13.   Uhuru Kenyatta Kenya current President of the Republic of Kenya

Case in pre-trial stage

Indicted 8 March 2011

14.   Henry Kosgey Kenya Charges dismissed on 23 January 2012

Indicted 8 March 2011

top leader in the ad hoc Kalenjin organization

15.   Francis Muthaura Kenya Charges withdrawn on 18 March 2013

Indicted 8 March 2011

Head of the Public Service, Secretary to the Cabinet, and Chairman of the National Security and Advisory Committee of Kenyan President Mwai Kibaki

18 March 2013, the Trial Chamber granted the Prosecutor permission to withdraw the charges and terminated all proceedings against Muthaura

16.   William Ruto Kenya Current Deputy President

Trial began on 9 September 2013

Indicted 8 March 2011

17.   Joshua Sang Kenya Trial began on 9 September 2013

Indicted 8 March 2011

18.   Walter Barasa Kenya FUGITIVE

Indicted 2 August 2013

accused of two counts of corruptly influencing a witness and one count of attempting to corruptly influence a witnesses.

19.   Col. Muammar Gaddafi Libya Died on 20 October 2011; proceedings terminated on 22 November 2011

Indicted 27 June 2011

20.   Saif-al-Islam Libya Arrested in Libya on 19 November 2011

Indicted 27 June 2011

 alleged to have been the de facto prime minister and the “unspoken successor and the most influential person” to Muammar Gaddafi

21.   Abdullah Senussi Libya Case referral to Libya pending appeal

Indicted 27 June 2011

He was head of Libyan military intelligence

22.   Laurent Gbabgo Republic of C´te d’Ivoire President of C´te d’Ivoire

Case in pre-trial stage

Indicted 23 November 2011

Gbagbo was detained by Ivorian forces loyal to Ouattara in the presidential residence on 11 April 2011

23.   Charles Ble Goude Republic of C´te d’Ivoire Arrested in Ghana; transferred to C´te d’Ivoire on 18 January 2013

Indicted 21 December 2011

leader of the Congr¨s Panafricain des Jeunes et des Patriotes, the youth organization that supported Ivorian President Laurent Gbagbo

Bl© Goud© was arrested on 17 January 2013 in Ghana, and extradited to C´te d’Ivoire 

24.   Simone Gbagbo Republic of C´te d’Ivoire Arrested in C´te d’Ivoire on 11 April 2011

Indicted 29 February 2012

wife of Ivorian President Laurent Gbagbo, Ms. Gbagbo is alleged to have co-organized, as a member of her husband’s inner circle of advisers, a policy targeting against civilians during post-election violence that began on 28 November 2010

She has not been transferred to the Court and the Ivorian government has yet to extradite her

25.   Ahmed Haroun Sudan FUGITIVE

Indicted 27 April 2007

alleged to have coordinated the operations of Sudanese military, police, security, and Janjaweed forces in the Darfur region while he was Minister of State for the Interior from April 2003 to September 2005

26.   Ali Kushayb Sudan FUGITIVE

Indicted 27 April 2007

alleged to be “one of the most senior leaders in the tribal hierarchy in the Wadi Salih Locality” who commanded thousands of Janjaweed forces in the Darfur region from August 2003 to March 2004 during the Darfur conflict. The Sudanese government has refused to cooperate with the Court and to execute the warrant of arrest for Kushayb.

27.   Omar al-Bashir Sudan President of Sudan

FUGITIVE / Second arrest warrant issued on 12 July 2010

Indicted 4 March 2009

ccused of implementing a government policy that used the state apparatus (the military, police, security, and Janjaweed forces) to attack FurMasalit, and Zaghawa populations that were perceived to be sympathetic to rebel groups. Among the counties he traveled to include Chad, Kenya, Djibouti, and Malawi which are states parties to the Rome Statute, and were therefore obligated to have arrested him

28.   Bahr Abu Garda Sudan Charges dismissed on 8 February 2010

Indicted 7 May 2009

commander of a splinter group of the Justice and Equality Movement (JEM), a rebel group fighting in the Darfur conflict against the Sudanese government

29.   Abdallah Banda Sudan Case in pre-trial stage

Indicted 27 August 2009

commander of a splinter group of the Justice and Equality Movement (JEM), a rebel group fighting in the Darfur conflict against the Sudanese government. 

30.   Saleh Jerbo Sudan Died on 19 April 2013; proceedings terminated on 4 October 2013

Indicted 27 August 2009

commander of a splinter group of the Sudan Liberation Movement/Army (SLM/A), a rebel group 

On 22 April 2013 Radio Dabanga reported that Jerbo had been killed on 19 April

31.   Abdel Rahim Hussein Sudan FUGITIVE

Indicted 1 March 2012

Minister of the Interior and Special Representative of the President to Darfur, Hussein continues to play an active role in the Sudanese government (which has refused to cooperate with the Court) and he is currently serving as Minister of Defense.

32.   Joseph Kony Uganda FUGITIVE

Indicted 8 July 2005

Chairperson and commander-in-chief of the Lord’s Resistance Army (LRA)

33.   Raska Lukwiya Uganda Indicted 8 July 2005

DIED 12 August 2006 ” Proceedings terminated

Former general and commander of the Lord’s Resistance Army (LRA) On 12 August 2006 the Ugandan military killed Lukwiya in a battle with LRA forces

34.   Okot Odhiambo Uganda FUGITIVE

Indicted 8 July 2005

member of the policy-making leadership of the Lord’s Resistance Army (LRA)

35.   Dominic Ongwen Uganda FUGITIVE

Indicted 8 July 2005

military commander and the second-in-command of the Lord’s Resistance Army (LRA),

36.   Vicent Otti Uganda Fugitive; reported to have died on 2 October 2007

Indicted 8 July 2005

military commander and the second-in-command of the Lord’s Resistance Army (LRA),

 

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