By Charles Onyango-Obbo
In Summary
- Africa should create continental or national courts that can actually investigate and try a case at international level, and define the crimes.
It has been a dramatic few days in Mother Africa.
South Africa has said it could consider quitting the
International Criminal Court “as a last resort” after accusing it of
seeking to compel it to arrest visiting Sudan President Omar al-Bashir
without following due process.
Pretoria allowed Bashir, who’s been indicted by The Hague-based
ICC for war crimes and genocide in Darfur, to “escape” on June 15 in
defiance of a South African High Court order to bar his departure.
Then on June 20, Rwanda’s General Karenzi Karake, director of
its National Intelligence and Security Services, was arrested at
Heathrow Airport in London under a European arrest warrant. A Spanish
judge indicted Karake in 2008 for alleged war crimes related to the
genocide in Rwanda.
He later dropped those charges, but kept active the case of nine
Spaniards who were murdered while working with refugees in Rwanda
between 1994 and 2000.
Karake is part of a group of top military officers in the former
Rwandan Patriotic Front rebel movement indicted by the Spanish judge.
Rwanda’s President Paul Kagame was livid, telling parliament
that the arrest of Karake by British authorities “shows absolute
contempt for Rwanda and Africa. Rwanda will not accept this rubbish of
injustice,” he said. Foreign Minister Louise Mushikiwabo posted on
Twitter that, “Western solidarity in demeaning Africans is
unacceptable!”
These sentiments mirror what many in Kenya had to say about the
ICC when President Uhuru Kenyatta was facing Bashir-like charges. His
case was dropped, but that against his deputy, William Ruto, continues.
I sense Africa is wasting an opportunity here, in these battles
against what its political class sees as racist anti-African bias of the
ICC, and “international jurisdiction” in general.
This rejectionist response, threatening to quit the ICC and all,
really won’t change much. First, the reason a Spanish judge would
indict a chunk of the Rwanda leadership is because Spain doesn’t fear
Rwanda.
It is why the arguments by many that former US president George
Bush and British PM Tony Blair be tried for war crimes in Iraq are
exercises in futility. The institutions that would do that fear America
and Britain.
For Africa to get there, we have to do two things. First, create
continental or national courts that can actually investigate and try a
case at international level.
Second, define the crimes. The British committed war crimes in
their war against the Mau Mau nationalists in Kenya. The Belgians
slaughtered and maimed millions in the Congo. France has been accused of
involvement in the 1994 genocide in which one million people were
killed.
Then when French President Francois Hollande visits West Africa,
he is arrested and handed to Rwanda. When David Cameron comes calling,
he is grabbed and thrown in a Nairobi jail.
Africa needs to develop its economies, to deepen its nations,
and build credible armies that can stand up to the French, for example,
when they stage an invasion to free Hollande from a Kigali prison.
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