Institute for Security Studies (Cape Town)
4 June 2009
document
Cape Town — Background
We, the 40 representatives of African civil society organisations (including the media), the legal profession, other relevant organisations, and concerned individuals and academics (see the list below), participated in a meeting in Cape Town on 11 May 2009 to consider the implications of the African Union's recent decisions on universal jurisdiction and the International Criminal Court (ICC) in Africa. The meeting was convened by the Institute for Security Studies (ISS) and produced this statement that expresses the views of a segment of African civil society directly involved in human rights and justice work on the continent. The statement has been prepared and issued ahead of the gathering of African States Parties to the Rome Statute of the ICC convened by the African Union (AU) Commission and currently scheduled to take place from 8 – 9 June 2009 in Addis Ababa, Ethiopia.
Workshop conclusions
Considering that the rule of law and human rights form the foundation of sustainable peace in Africa, and that impunity for perpetrators of serious international crimes (genocide, crimes against humanity, and war crimes) undermines these goals, we are convinced that international criminal justice is an essential component of any democracy.
African governments also recognise the importance of ending impunity on the continent. Articles 3(h), 4(h), 4(m) and 4(o) of the AU's Constitutive Act and the objectives outlined in the AU's Protocol Relating to the Establishment of the Peace and Security Council, commit Member States to ensuring respect for the rule of law and human rights, and condemning and rejecting impunity. Article 4(h) of the Act states that "it is the right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely: war crimes, genocide and crimes against humanity". This commitment to protecting vulnerable populations during conflict and ensuring accountability for international crimes has been further demonstrated by the 30 African countries – the largest number from any continent – that have ratified the Rome Statute of the International Criminal Court which established the ICC. The support of the 13 additional African states that signed the Rome Statute at its adoption, thereby signaling their support for as well as intent to become parties to the treaty, also needs to be recognised.
It is therefore of concern that many serious international crimes are still being committed across the continent, and that the planners and perpetrators of these atrocities are seldom brought to justice.
Civil society must assist in reversing this trend. Civil society organisations have in the past played an important role in promoting international criminal justice in Africa, including the establishment of regional courts (the tribunals for Rwanda and Sierra Leone), and the development of the ICC. At the national level, members of civil society often take the lead in holding their governments to account for human rights violations.
We are determined to continue fulfilling our responsibility to promote accountability and to meaningfully contribute towards ending impunity by: i) keeping international criminal justice on the domestic and regional agendas in Africa, ii) reminding political leaders of the relevance of international justice and of their commitments and obligations under international and domestic law, and iii) assisting government officials, lawyers, the media, and victims to participate in the delivery of international justice on a practical level. In doing so, we will explore a range of approaches for delivering international criminal justice in Africa, including but not limited to, the ICC. We will not, however, deviate from the principles underpinning the Court's work, namely that individuals responsible for war crimes, crimes against humanity and genocide – including even the most senior government officials – be brought to justice, and that the interests of victims be given priority through, among others, the award of compensation and reparations.
We are concerned that recent developments indicate a growing resistance on the part of African leaders to international criminal justice in general and the role of the ICC in particular as exemplified by the two decisions taken by the AU at its February 2009 summit which could be decisive for the future of international criminal law on the continent. The AU resolved to i) examine the implications of the African Court on Human and Peoples' Rights trying international crimes (genocide, war crimes and crimes against humanity), and ii) urgently convene a meeting of the 30 African countries that have ratified the ICC's Rome Statute to discuss the Court's work in Africa.
Despite Africa's leading role in the development of the ICC and international criminal justice, including the initiation (by self-referral) of three of the Court's four current investigations, the ICC is now largely portrayed as an 'imperialist' imposition by powerful Western nations. We believe that this is a misleading and unproductive approach to the Court, and one which illustrates the urgent need to raise awareness about international criminal justice and how the ICC works throughout Africa.
We acknowledge the concerns expressed by various African leaders that Africa appears not to be treated as an equal participant in the application of international criminal justice. This is a growing perception not only in relation to the work of the ICC, but also the principle of universal jurisdiction and the notion that it is being used and abused by some Western courts at the expense of African states' sovereignty, as well as the role of the United Nations Security Council in implementing international criminal justice through its referral of the Sudan situation to the ICC Prosecutor for investigation and possible prosecution under Article 13(b) of the Rome Statute (which subsequently resulted in the ICC issuing an arrest warrant for President al-Bashir of Sudan for crimes against humanity, and war crimes).
These developments reinforce the importance of regional and domestic (African) responses to international crimes. Consistent with the doctrine of complementarity in the Rome Statute, national courts must bear the greatest responsibility for ensuring accountability for serious international crimes. To achieve this, the day-to-day capacity of such courts, and the independence of the judiciary, must be enhanced.
At the same time, the specialisation and funds required to investigate, prosecute and adjudicate serious international crime cases will also need to be developed. We are aware that the challenges in this regard are immense anywhere in the world. They are particularly acute on our continent where resources and capacity are scarce. In addition, very few African States Parties have domesticated the Rome Statute and other relevant instruments of international criminal and humanitarian law. Passing these laws at the national level would not only facilitate the prosecution of international crimes by individual states, but would also demonstrate political commitment to protecting human rights and ending impunity. This raises a more serious challenge than capacity and resources – the apparent lack of political will at national and regional level to act against alleged perpetrators or to comply with obligations under international law.
These issues have a direct bearing on the AU's decision to examine the implications of the adjudication of international crimes by the African Court on Human and Peoples' Rights. The African Court is an important continental mechanism to promote the ideals of justice, accountability and human rights. However, we recognise that the Court is currently limited in its mandate (its focus is on human rights violations of the African Charter), its judges are not specialists in international criminal law, and it has no prosecutorial or investigative powers or institutional capacity to take on the extra burden of bringing to justice perpetrators of international crimes. There is the further danger that loading this responsibility on the African Court will undermine its early progress towards acting as a dedicated regional human rights mechanism.
It is under these circumstances that an international institution like the ICC has the most to offer international criminal justice in Africa. We believe therefore that a parallel approach should be pursued: one that emphasises both national and international efforts rather than prioritising one over another. Commitment at the national and international level is essential when dealing with crimes as complex and politically charged as international crimes are.
Read comments. Write your own.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
In his piece entitled “ White Collar War Crimes, Black African Fall Guys,”
investigative journalist Keith Snow writes:
First note that the ICC can now be viewed as a tool of hegemonic U.S. foreign policy,
where the weapons deployed by the U.S. and its allies include the accusations of, and
indictments for, human rights violations, war crimes and crimes against humanity.
To understand this, we can ask WHY NO WHITE MAN HAS YET BEEN CHARGED
with these or other offenses at the ICC (International Criminal Court) which now holds
five black African warlords and seeks… [Read Full Text]
* 16 European Nations . Met And Plotted On How They Would Rob Africa Of Its Riches.
* They met during two(2) Periods of time in two(2) places
* The General Act Of Berlin Conference (Nov, 1884 to February, 1885)
* Brussels Belgium to finalize SECRET agreements ( Nov, 1889 to July 1890)
* The Book “King Leopold’s Ghost (1998) by Adam Hochschild documents some of This information.
The following Nations (Households) - Planned how they would divide among themselves our AFRICAN Riches.
1) Austria-Hungary - Francis Joseph I Charles - August 18,… [Read Full Text]
This post was deleted because it contravenes AllAfrica's commenting guidelines.
This post was deleted because it contravenes AllAfrica's commenting guidelines.
This post was deleted because it contravenes AllAfrica's commenting guidelines.
See all comments (8).
Active Discussions: African Leaders Should Stand Up For Justice