The International Criminal Court is the forerunner of Yugoslavia and Rwanda adhoc tribunals created by the Security Council to deal with violations of human rights. It’s sometimes referred to as the Rome statutes, which became operational in 2002.
The Courts’ jurisdictions extends to individuals unlike the International Court of Justice whose jurisdiction does not go beyond UN Membership, who have been indicted on genocide, Crimes Against Humanity, war crimes, aggression, enlisting child soldiers, mass rape or contempt of court.
The International Criminal Court has constantly drawn sharp criticisms since its establishment, mainly especially the African governments who have expressed indignation towards it because of its alleged bias towards more powerful states and individuals against Africans who have been the majority to have been indicted before it.
Since its inception the court has presided over several African leaders cases among others AL Bashir, former Sudanese President, Charles Taylor, former President of Liberia, Jean Pierre Biemba Rebel leader of DRC, Laurent Gbagbo former President and his wife Simone Gbagbo, both of Cote d’ivoire, William Ruto then vice President and current President of the Republic of Kenya, Uhuru Kenyatta, former President of Kenya, Germain Katanga of DRC, Joseph Konne Rebel leader of Uganda to mention but a few passing sentences ranging from fewer years to life sentences. The Court has now indicted the Russian President and his Commissioner for Children.
The court has unfortunately, unfavorable record on its alleged failure to indict former President of the United States of America and Prime Minister of the United Kingdom George W Bush and Tony Blair respectively for their roles when they invaded Iraq on false pretext that Saddam Hussein had Weapons of Mass Destruction (WMDs)
It is against this record that Africans have condemned the court for allegedly double standards because of its failure to act fairly. This record has to a greater extent eroded the confidence of most countries against it to be an impartial court.
It is equally interesting that three of the 5 permanent members of the United Nations, The USA, China and Russia never ratified/acceded as members of this court and yet it is through the United Nations Security Council which sometimes recommend for some individuals or countries to be indicted before it. It is absurdity of the worst kind.
The current declaration to indict Vladimir Putin before does not only make it interesting development as the Russians have already called the court as being the puppets of the Western countries and have clearly said that they do not recognize it, but also highly divisive with western countries on one hand and Russia and many African countries on the other.
Russia has gone further to warn nations who will arrest its leader to be a declaration of war on such a nation.
It is unlikely that this that this indictment will be carried through risk, further making the world more divided than it is today.
African states were agitated with the ICC such that in February 2017, the African Union, which has 34 signatories to the Rome statutes, called for the withdrawal of its members led by South Africa. South Africa’s attempt to leave the ICC was only blocked by the South African Constitutional court on 18th February 2017.
It is clear that the latest decision of the ICC will further divide the already politically divided nations.
The shifting of political hegemony towards a multipolar world will in no doubt have serious effect on the International bodies such as the ICC and United Nations Security Council which have been driven only by fewer nations especially the 5 permanent members.
The world is facing unprecedented levels of conflicts that are threatening World War lll, and unless the world reconciles itself with pragmatic leadership, the threat remains real.
Francisco Mumba
Governance and Conflict Resolution Expert
