Kenya joins league of African nations with cases at ICC; ocampo six

By Lillian Aluanga

The issuance of summonses by the International Criminal Court for suspects of the 2007 post-election violence now has Kenya officially joining the league of African nations that have appeared before the court.

The case against ‘Ocampo Six’ is the latest of at least four others before The Hague court, which include individuals from Sudan, the Democratic Republic of Congo, Central African Republic, and Uganda.

Other nations currently under consideration by the court even though no formal proceedings have been launched are Guinea and Ivory Coast.

Libya revolt

The revolt in Libya has also earned the Muammar Gaddafi regime a referral to the ICC from the United Nations Security Council. This makes it the second, after Sudan, to have its case presented by the UN body for possible prosecution.

Although Libya and Sudan are not parties to the Rome Statute, which establishes the ICC, there are provisions, which allow for the referral of cases to the court by the UN Security Council.

A case may also be referred to the ICC through a State party to the Rome Statute, or the ICC Prosecutor (like in Kenya’s case).

Besides the Arab states in the north, Zimbabwe, Togo, Ethiopia, Eritrea, Guinea Bissau, Angola and Cameroon form the list of over 20 countries on the continent that are not signatories to the ICC.

Neo-colonialism

With 31 of 114 members to the ICC, Africa forms the largest regional block of nations to the court and registers the highest number of cases – a scenario, which has earned it both criticism and praise.

Critics of the court have denounced it as an extension of neo-colonialism towards African states.

But those in favour argue that African states supported its establishment.

"It’s not true the ICC has specifically targeted African leaders. The governments presented the Uganda, DRC, and Central African Republic cases. Sudan and now Libya are referrals from the UN Security Council. So far it is only Kenya where the prosecutor sought the court’s permission on the matter," says International Centre for Transitional Justice Executive Director Njonjo Mue.

Such views, he says, would not be supported by victims of human rights violations in a continent that has been notorious for its breed of ‘untouchable’ leaders.

Darfur genocide

Mue is, however, quick to point out that the ICC is not perfect.

"There are other cases outside Africa and it would be good to also see them expeditiously followed up," he says.

Sudan’s President Omar al Bashir became the first sitting Head of State to be sought by the court over crimes against humanity and genocide in Darfur. But three years later, the National Congress Party leader has remained defiant, rubbishing the arrest warrants and successfully seeking re-election last year.

Besides Bashir, Ali Kushayb, a former Janjaweed leader also known as ‘the colonel of colonels’, rebel leaders Bahar Garda, Abdallah Banda and Saleh Mohammed Jamus, and a former minister Ahmad Harun are also on The Hague’s wanted list.

Banda, a former leader of the Justice and Equality Movement (JEM) and Jamus are accused of leading a 2007 attack against African Union peacekeepers, killing 12 officers. The two voluntarily appeared before the court last year. Garda’s case was dismissed for lack of sufficient evidence.