Dr David Hoile

A new 345-page study of the International Criminal Court, ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”The International Criminal Court: EuropeƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s GuantƒÆ’†’ƒ”š‚¡namo Bay?ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢, published by the Africa Research Centre to coincide with the ICCƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s first ever review conference (in Kampala, Uganda, 31 May ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” 8 June 2010), has found the ICC to be manifestly unfit for purpose.

The International Criminal Court is shown to be European-driven, Africa-focused and irretrievably flawed. The study demonstrates that the ICCƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s claims to international jurisdiction and judicial independence are institutionally flawed and that the CourtƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s approach has been marred by blatant double-standards and serious judicial irregularities. The Hague-based ICC is increasingly being seen as the European equivalent of the US tribunal at GuantƒÆ’†’ƒ”š‚¡namo Bay, which similarly claims international jurisdiction.

While the ICC presents itself as an international court this is quite simply not the case. Its members represent just over one quarter of the worldƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s population: China, Russia, the United States, India, Pakistan and Indonesia are just some of the many countries that have remained outside of the CourtƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s jurisdiction.

The truth is also that the ICC is as independent as the United Nations Security Council and the CourtƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s European Union funding lets it be. Far from being an independent and impartial court, the ICCƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s own statute grants special ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-prosecutorialƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ rights of referral and deferral to the Security Council, or more specifically its five permanent members. Political interference in the legal process was thus made part of the CourtƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s founding terms of reference.

The Court is also umbilically tied to the European Union which provides over 60 percent of its funding. The English expression, ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-He who pays the piper calls the tuneƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚, could not be more accurate. The ICC has ignored all European or Western human rights abuses in conflicts such as those in Afghanistan and Iraq or human rights abuses by Western client states. Instead, the Europeans have chosen to focus the Court exclusively on Africa. Despite over 8,000 complaints about alleged crimes in at least 139 countries, the ICC has started investigations into just five countries, all of them African. Given AfricaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s previous traumatic experience with the very same colonial powers that now in effect direct the ICC, this must create an alarming dƒÆ’†’ƒ”š‚©jƒÆ’†’ƒ”š‚  vu for those who live on the continent. The EU is additionally guilty of economic blackmail in tying aid for developing countries to ICC membership.

The CourtƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s proceedings have often been questionable where not farcical. Its judges ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” some of whom have never been lawyers, let alone judges ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” are the result of vote-trading amongst member states. The Court has produced witnesses who recanted their testimony the moment they got into the witness box, admitting that they were coached by non-governmental organisations as to what false statements to make. There have been prosecutorial decisions which should have ended any fair trial because they compromised the integrity of any subsequent process. The ICCƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s first trial stalled because of judicial decisions to add new charges half-way through proceedings. Simply put, the Court has been making things up as it goes along.

The ICC claims to be ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-economicalƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚, yet it has cost half a billion Euros to put on one deeply flawed trial, which subsequently ground to a halt for months. The ICC claims to be victim-centred yet Human Rights Watch has publicly criticised the ICCƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s ambivalence towards victim communities. The ICC claims to bring ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-swift justiceƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ but it has taken several years to bring the first accused to trial for allegedly using child soldiers. The Nuremberg trials, which addressed infinitely more serious charges, were over within a year. The ICC claims to be fighting impunity, yet it has afforded de facto immunity and impunity to several serial abusers of human rights who happen to be friends of the European Union and United States.

The studyƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s author, Dr David Hoile, has noted:

ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Africa fought long and hard for its independence. It must reject this new ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”legalƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ colonialism. The ICCƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s double-standards and autistic legal blundering in Africa has derailed delicate peace processes ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” thereby prolonging devastating civil wars. There is a clear lesson for countries in Africa and elsewhere: do not join the ICC and do not refer your country to the ICC. It is the equivalent of inviting a cancer into your system. The ICC does not have AfricaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s welfare at heart, only the furtherance of Western, and especially European, foreign policy and its own bureaucratic imperative ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” to exist, to employ more Europeans and North Americans and where possible to continue to increase its budget.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

About the Author

Dr David Hoile is an African scholar and public affairs consultant specialising in African affairs. He is the author of ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”Darfur: The Road to PeaceƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ (2008), ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”Images of Sudan: Case Studies in Propaganda and MisinformationƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ (2003), ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”Farce Majeure: The Clinton AdministrationƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Sudan Policy 1993-2000ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ (2000), ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”Mozambique, Resistance and Freedom: A Case for ReassessmentƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ (1994), and ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”Mozambique: A Nation in CrisisƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ (1989). He is also the editor of ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”The Search for Peace in the Sudan: A Chronology of the Sudanese Peace Process 1989-2001ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ (2002). Dr Hoile has been a Research Professor at the Sudan University of Science and Technology and a Visiting Professor at the University of Khartoum.

The African Research Centre, Website http://www.africaresearchcentre.org/; Email africaresearchcentre@gmail.com. The author can be contacted by email at drdavidhoile@yahoo.co.uk.