William R. Pace
2 November 2009
opinion
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 Omar 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 Libya's Muammar Gaddafi.
The Coalition for the ICC has more than 2,500 member organisations 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.
Uganda, Democratic Republic of Congo and Central African Republic 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. 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 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 issues to integrate into the Review Conference. At the 3-6 November AU meeting, I urge African states parties to uphold their treaty rights and defend the core principles of the ICC. The African Union's credibility to uphold its own stated commitment to ending impunity is on the line.
William R. Pace is convenor of the Coalition for the International Criminal Court
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