Africa’s possible Exit from the ICC

Christof Lehmann (nsnbc) : Several African nations, first and foremost South Africa, have signaled that AU member States have no advantage from being bound by the Rome Statutes and the International Criminal Court (ICC). The development comes in response to what a growing number of African policy makers denounce as the ICC’s selective prosecution and the ICC being an impediment to conflict resolution.

South_Africa_Zuma_Jacob_JZSouth Africa’s governing African National Congress is trailblazing a development that could result in South Africa’s and eventually African Union (AU) member States’ withdrawal from the Rome Statute and the International Criminal Court (ICC).

This month, former South African President Tabo Mbeki gave a lecture at the 2015 Tmali Alumni Forum that reflects a growing consensus among African nations.

That is, that the ICC is notorious for selective prosecution, and especially for the prosecution of African and other political leaders and nationals from States with a policy that opposes the western neo-colonialist discourse. This trend was previously documented by Professor Alexander Mezyaev in his article entitled “The International Justice System and the Hunt for Africans”. 

Mbeki would also stress that the ICC is an impediment to conflict resolution on the African continent. Mbeki stressed the example of the ousted Ivorian President Laurent Gbagbo. Gbagbo was ousted by a clearly French-backed coup d’état in 2010. Gbagbo has since been extradited to The Hague.

Laurent Gbagbo - An African leader with Visions of Independence

Laurent Gbagbo – An African leader with Visions of Independence

The ousted President is still being held in pre-trial detention. Mbeki stressed that the presence of Gbagbo was crucial for national reconciliation in Ivory Coast. Mbeki would add that there are several indicators that suggest that a civil war could erupt during the upcoming elections in the country, and that the ICC’s detention of Gbagbo threatens the country’s stability and is an impediment to national reconciliation.

It is noteworthy that Ivory Coast, as a former French colony, is a member of the UMEOA (UEMOA). The economies of the monetary union’s African constituents is dominated and to a large degree dictated by France. Several analysts argue that Gbagbo’s downfall came due to his ambitions to set an end to what is widely known a French Finance Nazism.

One of the latest controversies between South Africa, the ICC and several dominant western powers focused on what the ICC touted as South Africa’s failure to arrest and extradite Sudanese President Omar al-Bashir.

The South African and multiple other African governments in return, would argue that al-Bashir traveled to South Africa as President and representative of Sudan, enjoying diplomatic immunity.

Another widely voiced objection to the ICC is that core permanent UN Security Council members USA, Russia and China are not subject to the provisions of the Rome Statute while the USA is among the first to call for prosecutions at the ICC. The ICC is, arguably, the plaything of superpowers and an extension of both colonialism and of Yalta.

UNSC_Qaddafi_UNDONEQuitting the Rome Statute and ICC membership would, however, not bring an end to African States’ dominance by superpowers via the UN Security Council. AU member States would still be bound by UN Security Council resolutions if they are unanimous.

That is, if the superpowers at the UNSC can reach an agreement about how to rule the world. It was the late African leader and honorary head of State of Libya, Muammar Qaddafi, who stressed the urgent need for reforming the UN and especially the UN Security Council. Qaddafi’s criticism was most outspoken during his 2009 address to the UN General Assembly. In 2011 Qaddafi was ousted after the Security Council passed UNSC Resolution 1973 (2011) calling for the enforcement of a no fly zone over Libya.

The United States, the UK, France, other NATO member States as well as Gulf Arab allies overstepped the provisions of the resolution by bombing Libyan infrastructure, Libyan ground forces, and by functioning as de facto air force for Muslim Brotherhood and Al-Qaeda linked “rebels”.

The Russian Federation did criticize NATO members for overstepping the provisions of UNSC Resolution 1973 (2011) without mentioning that it had failed to veto the arguably illegal resolution that interfered into the internal affairs of UN member State Libya.

AU member States, quitting the Rome Statute and ICC membership would be one step into a direction that may lead to increased independence from superpowers. Historical precedence has shown that it is a hazardous undertaking to challenge any superpower. The question is, how will South Africa and the AU play their cards and whether they play them in a manner that leads to sovereignty, or whether they play them in a manner that continues the post-Yalta hegemonic world that is euphemistically sold as a multi-polar world.

CH/L – nsnbc 14.11.2015

Source Article from http://nsnbc.me/2015/11/14/africas-possible-exit-from-the-icc/

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