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20-Apr-2024
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African Countries withdraw International Criminal Court

     The  West African country   Gambia alleges that the International Criminal Court(ICC) is biased against Africans  withdrawing from the ICC  the third nation to do so this.  South Africa and Burundi’s decision to quit the I C Cort and strong opposition by Gambia against its supposed ‘Caucasian‘ justice are likely to embolden other African states to leave the world’s only permanent war crimes tribunal. 

     In announcing the decision, Gambia accused the court for unfairly targeting Africa and calling it as “International Caucasian Court" for humiliation of people, especially Africans.

     Gambia has begun the process of withdrawing from the court. 
 
     South Africa, once a strong I C CORT supporter, under former President Nelson Mandela, notified the United Nations secretary-general last week that it would leave the court.
 
     Burundi’s president last week signed legislation to leave the court as well.

      All eyes are now on Kenyan President Uhuru Kenyatta, the criminal Court chief tormentor, who made history in 2013 by becoming the first sitting head of state to appear before the court, on charges of crimes against humanity.

The case relating to Kenyatta’s alleged role in post-election violence in 2008 in which at least 1,200 people died.  And the case is collapsed in 2014 for want of evidence.

         Kenyatta, who faces another election next year, then played the global security card, saying this compromised Kenya’s ability to fight Islamist militancy, a genuine concern in the wake of a major attack in 2013 on Nairobi’s Westgate mall.

     International criminal court  set up in 2002 and is often accused of bias against Africa and has also struggled with lack of co-operation, including from the US, which has signed the court's treaty but never ratified it. Under the Rome Statute that created the International Criminal Court, signatory countries have a legal obligation to arrest anyone sought by the tribunal.

       Seven countries voted against the International Criminal Court statute: China, Iraq, Israel, Libya, Qatar, the United States, and Yemen. China objected on grounds that "the statute is an attempt to interfere with the domestic affairs of a sovereign nation." Other non-members include India, Iran, Japan, North Korea, Pakistan, Saudi Arabia, Sudan, Syria, and Turkey. While most Western European and South American countries are signatories, there are only two Arab nation members—Jordan and Tunisia. There are eighteen Asian members of the  International Criminal court. 

      However, some  African  states allowed people  wanted  by  the  criminal  Court, notably  Sudanese  President Omar  al-Bashir,  to  visit, and   some  say  leaders ought  to  be  immune from  prosecution.  It was  set up  after  the  adhoc  tribunals  to deal with  Rwanda  war crimes  proved ineffective.

International criminal Court ensures that serious international crimes will not go unpunished, those who commit serious human rights violations are held accountable. Rwanda war crimes proved ineffective, after the adhoc tribunal.

     International  Criminal  Court was not created to  supplant  the authority  of national courts. However, when a state’s legal system collapses or when a government is a perpetrator of heinous 

crimes, the International Criminal court  can exercise jurisdiction. International Criminal Court is a court of last resort.

      The I C   court is facing allegations of pursuing an imperialist agenda in Africa.

     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.  "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 International Criminal Court and not a single Western war criminal has been indicted," He said.

     He singled out the case of Tony Blair, former British prime minister, who the International Court decided not to indict over the Iraq war.

     The U.S. State Department spokesperson John Kirby said "We do think that the International Criminal Court has made valuable contributions in service of accountability in a number of situations, and we hope other governments would share that analysis."

     The U.S. is not a member of the International Criminal Court. USA opposed the International Criminal court  for fear that it will be used politically against U.S. nationals.    Gambia has been trying, to use the I C court  to punish the EU for the deaths of thousands of African refugees and migrants who reached its shores.

     One EU supporter said, Nelson Mandela, the former South African president, had to avoid new massive crimes in Africa.

Jacob Zuma,  leadership, decided to cover up the crimes and abandoned African victims. 

     Former Congolese Vice President Jean-Pierre Bemba — who was found guilty in March of war crimes and crimes against humanity for rapes and murders committed in the Central African Republic — was the most recent African leader convicted by the criminal Court. He was sentenced to 18 years in prison.

     The Judicial Divisions consist of the 18 judges of the Court, organized into three chambers—the Pre-Trial Chamber, Trial Chamber and Appeals Chamber—which carry out the judicial functions of the Court. Judges are elected to the Court by the Assembly of States Parties. . They must be "persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices".

      A judge may be removed from office if he or she is found to have committed serious misconduct or a serious breach of duties or is unable to exercise his or her functions.