JDAM, I am sympathetic to your view of the ICC but Let's see if I can join the most reverend Bishop Tutu in making a compelling case NOT to WITHDRAW from the ICC.
I agree that the ICC's bar is too high to make any significant difference with Africa's garden variety but equally-deadly criminals. Perhaps one reason why the bar is so high is because the ICC addresses high crimes which themselves have a high threshhold of proof. They are crimes which when properly prosecuted could lead to revenge conflicts or other cyclical conflict. They are also crimes that must be addressed for any semblance of appreciable justice for the often over-looked victims. So I say instead of withdraw from the ICC, the AU should be encouraged to form another court to address those crimes committed by their membership and others that do not rise to the level of the ICC's bar.
You have shared with us before that ICC prosecution is generally triggered when the culprit tyrant or his/her government is not capable or shows no willingness to prosecute the alleged crimes. So we do know the bar for the ICC. If we set up another lower level court that can prosecute those cases, the ICC can focus its resources on those cases (of which it has a backlog) that are of more international import. The AU can set up a court above the ECOWAS court that can handle those cases where the ICC may be ineffectual.
When the ICC prosecutes a case, the enforcement of the ICC's decision becomes the business of the UN and a greater number of nations. We have seen how the AU is incapable of mitigating the Rwanda, Congo, Mali, and Ivory Coast crimes against humanity. Without the ICC intervention, I'm not sure Charles Taylor, Gbagbo, and other criminals could be prosecuted. Certainly not by the AU. Therefore I think we should encourage the AU to prosecute those crimes so they would not reach the ICC instead of withdrawing from the ICC. There are other crimes the ICC will prosecute and will rely on African nations to enforce its decisions. In order for us to remain among the comity of civilized nations and member-nations of the UN, all AU countries will be required to enforce those decisions. In effect, withdrawal from the ICC does not absolve the AU nations of the responsibility of enforcing the ICC decisions. Its rather like Yahya withdrawing from The Commonwealth and leaving her neighbors Nigeria, Ghana, SIerra Leone, etc as members of the Commonwealth. I know Yahya does not understand the insignificance of Gambia withdrawing from The Commonwealth in this scenario but I encourage you to reconsider a bit more. There are greater reasons for the AU to remain in the ICC but I am confident you are eminently aware of those. If AU were to withdraw from the ICC and a European, Latin American, Asian, Australian, or North American Tyrant were to commit crimes against humanity then flee to an AU-member country, what do you think will happen? If the AU were to withdraw from the ICC, and an AU-member Tyrant were to commit genocide that does rise to ICC's bar, what do you think will happen?
Thank you.
Haruna.
-----Original Message-----
From: Lamin Darbo <[log in to unmask]>
To: GAMBIA-L <[log in to unmask]>
Sent: Sun, Oct 13, 2013 2:02 am
Subject: Re: Fwd: They want to be above the law
Interesting Niamorkono, but this is a campaign I cannot now, and maybe will never support given the current dynamics of international public life and the ICC record thus far. International criminal justice ala ICC does not help the pursuit of freedom in Africa. It does not restrain dictatorship in any manner meaningful to the ordinary and powerless. The standards that trigger an international
response are too high and selecting targets for prosecution too discriminatory. No question there are arguments pro and con, but on balance, the dignified conduct is for Africa to exit the ICC. It is a big area, and God willing, I shall take a look at it in the coming months, maybe years. Desmond Tutu is a conscientious human being, but on the ICC, his position is far from compelling.
LJDarbo
On Saturday, 12 October 2013, 13:15, Fye Samateh <[log in to unmask]> wrote:
I will join Tutu to sign the Petition...
Niamorkono...
Dear Avaaz friends,
In 2 days, African leaders could vote to withdraw from the International Criminal Court, crippling one of the world's best hopes for confronting genocide and crimes against humanity. I know together we can stop this. Join me in urging the voices of reason within the African Union to stand up for justice and accountability -- let's protect this great institution:
In just 2 days’ time, African leaders could kill off a great institution, leaving the world a more dangerous place.
The International Criminal Court (ICC) is the world’s first and only global court to adjudicate crimes against humanity. But leaders of Sudan and Kenya, who have inflicted terror and fear across their countries, are trying to drag Africa out of the ICC, allowing them the freedom to kill, rape, and inspire hatred without consequences.
I know that together we can change this. But we have to join hands and call on the voices of reason at the African Union (AU) – Nigeria and South Africa – to speak out and ensure that the persecuted are protected by the ICC. Join me by adding your name to the petition now and share it with everyone -- when we have hit 1 mill ion our petition will be delivered straight into the AU conference hall where Africa’s leaders are meeting in Addis Ababa.
https://secure.avaaz.org/en/justice_for_africa_icc/?bgJNBab&v=30048
In my years of work, life and travel, the fight for justice has been a long and arduous one. I have seen the very worst in Darfur and Rwanda, but also the very best with the reconciliation in South Africa. During this journey, I have seen great gains made that protect the weak from the strong and give us all hope. The ICC is one of these beacons of hope.
This threat to the ICC started precisely because the court was doing its job. It charged Kenya's Deputy President for killing people who rallied against him during an election and Sudan's President for murdering women and children in D arfur. Now Kenya and Sudan are lobbying all of Africa to pull out of the court and destroy its chance of success.
But in Darfur, Congo, Cote D’Ivoire and Kenya, the ICC has played a key role in bringing hope to those terrified by the armies, militias and madmen that have waged war against the innocent. It’s a light in the darkness that cannot be allowed to go out.
The main argument by some leaders with a guilty conscience is that the ICC is a Western witch-hunt as most of the investigations have happened in Africa. But this couldn’t be further from the truth. This was an institution that was created by 20 African countries, 5 of the court’s 18 judges are African and the chief prosecutor is African.
Friday is a key judgement day. Will our African leaders stand on the side of justice or injustice? With survivors and fallen victims or with tyrants and oppresso rs? This is the moment to choose. Join me in calling on African leaders to stand on the side of justice and support the International Criminal Court:
https://secure.avaaz.org/en/justice_for_africa_icc/?bgJNBab&v=30048
I've seen some of the brightest moments in human history, moments where we together brought hope to so many. This is our chance to do that again, together.
With hope and appreciation for this community,
Desmond Tutu
More information:
Botswana Supports International Criminal Court (Voice of America)
http://www.voanews.com/content/botswana-supports-international-criminal-court/1764960.html
130 Groups Across Africa Call for Countries to Back ICC (Human Rights Watch)
http://www.hrw.org/news/2013/10/07/%20130-groups-across-africa-call-countries-back-icc
Kenya pushing for African split from International Criminal Court (Irish Times)
http://www.irishtimes.com/news/world/africa/kenya-pushing-for-african-split-from-international-criminal-court-1.1549427
Annan defends International Criminal Court (News 24)
http://www.news24.com/Africa/News/Annan-defends-International-Criminal-Court-20131007
Africa to debate ICC role amid growing opposition (Yahoo News)
http://news.yahoo.com/africa-debate-icc-role-amid-growing-opposition-103053710.html
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