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African
Governments Must Not Backtrack on Promoting Justice and Ending Impunity
By William
R. Pace, Convenor of the Coalition for the International Criminal Court
Governments
are meeting at the Africa Union Commission Secretariat in
Addis Ababa
from 3-6 November 2009 to continue to discuss AU concerns with the
International Criminal Court, which were triggered by the issuance of the
international arrest warrant for Sudanese President Al- Bashir. While
Africa is the continent with the most state parties to the Rome Statute of
the International Criminal Court, the AU summit declaration’s criticisms
of the ICC were imposed by leaders of governments who have not ratified
the ICC treaty, led by President Al-Bashir and Colonel Al-Qaddafi.
The
Coalition for the ICC has more than 2500 member organizations worldwide,
with over 800 member groups in 50 African countries. Thirty of the 110
governments who have ratified the ICC treaty are from
Africa
. African governments were
strong in their support for creating the treaty in 1998, and African
governments have been the main governments to use the ICC since its
founding in 2002.
The
Uganda
, DRC, and CAR governments have all asked the ICC to help in investigating
and prosecuting war crimes and crimes against humanity committed on their
territories since 2002. Though
not a state party,
Cote d’Ivoire
’s government has also asked the ICC for assistance.
In April 2005, the UN Security Council referred the crimes
committed in
Darfur
to the ICC. From this referral
the ICC judges have issued arrest warrants for President Bashir, his
Minister of State for Humanitarian Affairs Ahmad Harun, as well as other
militia and rebel leaders.
To date, all
of the ICC’s investigations and prosecutions were initiated by requests
from African governments or the Security Council. Now, victims from those
situations continuously call on the Court to extend its investigations and
prosecute more cases. Moreover, leaders such as
James
Orengo, Minister of Lands, and citizen groups in
Kenya
are asking the ICC to investigate those most responsible for the
atrocities that occurred after the 27 December 2007 elections.
Thus,
although the ICC is analyzing crimes committed in Afghanistan, Gaza,
Colombia, Georgia, Iraq and elsewhere, it is clearly African governments
and people who have been the most supportive of the new world court.
African governments also secured the agreement of the Court’s
governing body to hold the Rome Statute Review Conference in
Kampala
,
Uganda
next June.
It is
therefore very unfortunate that several issues raised in the AU summit
declaration of 1-3 July could seriously weaken the ICC treaty; these
issues are of great concern to the Coalition.
The declaration, for example, wants governments to consider
amending the treaty so that the “region” could intercede “in
determining whether or not to proceed with prosecution; particularly
against senior state officials.”
The Rome
Statute has been widely described by its supporters and opponents as the
greatest advance in international law since the adoption of the UN
Charter. One reason for this
is that the ICC treaty does not give immunity to anyone who is responsible
for committing war crimes, crimes against humanity, and/or genocide,
including heads of states. The
30 African governments that have ratified the Rome Statute have undertaken
historic responsibilities to end impunity for the worst crimes; it is
unacceptable that certain African leaders would try to use AU declarations
to undermine states’ obligations to treaties by instructing states not
to cooperate with international arrest warrants.
It is the height of hypocrisy for these leaders to blame the ICC
for disagreements between the UN and AU Security Councils.
Africa
states parties, in turn, have the responsibility to publicly and privately
stand up for their commitment and obligations to the Court.
The
challenges of restraining dictatorships, securing peace, ending impunity,
protecting peacekeepers and humanitarian organisations, and strengthening
national and regional judicial systems are important issu
es to integrate into the Review Conference. The Coalition hopes all
regions will constructively prepare for the 2010 Review Conference.
At the 3-6
November AU meeting, I urge African states parties to uphold their treaty
rights, defend the core principles of the ICC, and provide continued
leadership in its future work. The
African Union’s credibility to uphold its own stated commitment to
ending impunity is on the line.
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Addis time
