Clinton signed it but didn't send it through Congress for approval which means it was not binding to clarify.
Angola: ICC actions focus on Africans - Foreign minister
Wed, 26 Oct 2016 08:28 - Updated Wed, 26 Oct 2016 08:28
Luanda - The minister of Foreign Affairs, Georges Chikoti, said on Monday in Luanda that the actions of the International Criminal Court (ICC) has been targeting more the African states or personalities or less strong regions.
FOREIGN AFFAIRS MINISTER, GEORGES CHIKOTI. PHOTO: MOTA AMBRÓSIO
In this regard, the minister spoke of the intention of the withdrawal of South Africa, Namibia, Kenya and many other African countries that also intend to abandon the ICC as it has proven to be a court focused only to condemn African or less strong countries .
The minister, who was speaking to the Angolan Public Television (TPA) in "Grande Entrevista" programme, highlighted that it is not very good from the law point of view.
"For example, if we look at the case of President Laurent Gbagbo, the ICC cannot build a case against him, but it keeps him there, and this is just one example of the actions of ICC", he said.
Should the threats be given effect, he said, the court will fall apart because if most African countries withdraw there will not be much basis to survive.
He also pointed out that if we look at the major crimes, most of them were not committed by Africans, such as the great wars in Libya, Iraq, among others, "so there cannot be a court that trial some culprits and ignore others".
For this reason, the minister considers that there is a prejudice created particularly by the Western world, in which one tries to blame Africans for everything.
GAMBIA WITHDRAWS FROM INTERNATIONAL CRIMINAL COURT
Gambia has announced its withdrawal from the International Criminal Court, accusing the Hague-based tribunal of “persecution and humiliation of people of colour, especially Africans”.
Tuesday’s announcement comes after similar decisions earlier this month by South Africa and Burundi to abandon the institution, set up to try the world’s worst crimes.
The ICC was set up in 2002 and is often accused of bias against Africa and has also struggled with a lack of cooperation, including from the US, which has signed the court’s treaty but never ratified it.
The court had been used “for the persecution of Africans and especially their leaders” while ignoring crimes committed by the West, Sheriff Bojang, Gambia’s information minister, said on state television.
He singled out the case of Tony Blair, former British prime minister, who the ICC decided not to indict over the Iraq war.
“There are many Western countries, at least 30, that have committed heinous war crimes against independent sovereign states and their citizens since the creation of the ICC and not a single Western war criminal has been indicted,” Bojang said.
The withdrawal, he said, “is warranted by the fact that the ICC, despite being called International Criminal Court, is in fact an International Caucasian Court for the persecution and humiliation of people of colour, especially Africans”.
Gambia has been trying, without success, to use the ICC to punish the EU for the deaths of thousands of African refugees and migrants trying to reach its shores.
The decision will also come as a personal blow to the court’s chief prosecutor, Fatou Bensouda, a former Gambian justice minister.
Burundi had said earlier this month it would leave the court, while Namibia and Kenya have also raised the possibility.
OPINION: African leaders and the bias of international justice
Over the weekend, the ICC asked South Africa and Burundi to reconsider their decisions, which came as a major blow to the institution.
“I urge them to work together with other states in the fight against impunity, which often causes massive violations of human rights,” Sidiki Kaba, president of the assembly of state parties to the ICC founding treaty, said in a statement.
Alleged war crimes
South Africa’s decision followed a dispute last year when Sudanese President Omar al-Bashir visited the country despite being the subject of an ICC arrest warrant over alleged war crimes.
Kaba said he was concerned that South Africa and Burundi’s decisions would pave the way for other African states to leave the court.
The tribunal is entrusted with “prosecuting the most serious crimes that shock the conscience of humanity, namely genocide, war crimes, crimes against humanity and crimes of aggression”.
Luis Moreno Ocampo, the former ICC chief prosecutor, criticised Burundi and South Africa, accusing them of giving leaders on the continent a free hand “to commit genocide”.
“Burundi is leaving the ICC to keep committing crimes against humanity and possible genocide in its territory. Burundi’s president wants free hands to attack civilians,” he said.
He said Nelson Mandela, the former South African president, had “promoted the establishment of the Court to avoid new massive crimes in Africa. Now under the [Jacob] Zuma leadership, South Africa decided to cover up the crimes and abandoned African victims. The world is going backward.
“The chaos is coming. Genocide in Burundi and a new African war are in motion.”
Kenya's formal process to quit ICC yet to begin
MONDAY OCTOBER 24 2016
A man outside the International Criminal Court in The Hague, the Netherlands. Kenya is yet to begin the formal procedure of pulling out of the court. PHOTO | FILE | NATION MEDIA GROUP
By EUNICE KILONZO
The government is yet to begin the formal procedure to pull out of the International Criminal Court, State House Spokesperson Manoah Esipisu has said.
Mr Esipisu, on Sunday said while there were two resolutions of Parliament calling for Kenya’s withdrawal from the ICC — one during the era of President Mwai Kibaki and the other during President Uhuru Kenyatta’s administration — the ultimate decision lies with the Cabinet.
“In terms of procedure, the ultimate decision as to whether Kenya will pull out or not is subject to Cabinet deliberations,” said Mr Esipisu. “To withdraw from a treaty, we need Executive deliberations and then the Cabinet directs the CS for Foreign Affairs to prepare the appropriate instruments and deposits them with relevant authorities.”
He said in this light, these “processes have not come up yet, so it is accurate to say the decision of the Executive is still pending.”
This is despite all cases against six Kenyans — including President Kenyatta and his Deputy William Ruto — being dismissed by the court. The cases were seen to precipitate the clamour to leave the ICC.
CRIMES AGAINST HUMANITY
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A move to leave the 124-member court takes one year to take effect after the notice is formally received by the United Nations secretary-general.
Mr Esipisu’s sentiments come days after Burundi and South Africa issued notices of withdrawal from The Hague-based court set up to try world crimes.
The court handles cases on crimes against humanity and most recently a judgment against the destruction of World Heritage in Timbuktu, Mali.
This is even as the ICC asked the two countries to reconsider their positions to leave the nearly 14-year old court that has been accused of bias against Africa.
The head of the Presidential Strategic Communication Unit said in the event that Kenya comes out of the Rome statute, which established the court, the alternative is the African Court of Justice and Human Rights, the continent’s version of the ICC.
“The president has expressed support of the court and you will recall that Kenya has made a contribution of $1 million (Sh100 million) to this court to ensure that it is strengthened. Kenya has a commitment to African processes.”
