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ICC is targeting Africa, continent of impunity? Then it’s doing its job

Saturday October 05 2013

Give us a break, people, and let us make some sense. Sense is one thing we can make if we try, without erecting factories or building complex machines.

Right now, we seem to have this dogged determination to avoid doing anything that would render us guilty of making sense, and we keep stumbling from one nonsensical episode to another with surprising abandon.

The favourite issue nowadays is the International Criminal Court, the ICC, which has come under attack from various African rulers who accuse it of targeting Africa and its, er, rulers. It is said that whereas there are Western rulers who have committed atrocities and crimes against humanity, the ICC only sees African offenders.

Inevitably, that kind of refrain will mention George W and his crony, Tony Blair, over the Iraq war and other crimes that the Western powers have committed against the peoples of the world.

These sentiments are well founded as they speak to the impunity that some powers have enjoyed even when their crimes have been so egregious that their nefarious effects are still with us to point an accusing finger and prove their guilt.

We may never, for instance, understand why the US is the loudest in the chorus calling for Iran to stop its nuclear programme, when we all know — except the Americans, that is — that their country is the only one to have ever used a nuclear bomb on another country.

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Even when Iran’s new leader seems to be offering an olive branch of sorts, Israel, which has its own nuclear arsenal intact, is the loudest to talk about the hypocrisy of Tehran, calling on America not to believe what it is hearing.

That Binyamin Netanyahu can even utter the word “hypocrisy” without referring to himself and his country is honestly staggering.

I know, and I accept, the truth of the hypocrisy inhering in the US talking about Bashar al Assad’s use of chemical weapons when the records of its use of napalm, Agent Orange and other chemical substances can raise neither doubt nor argument.

All that I know, and I also know that the world is a rough neighbourhood and the law of the jungle all too often punishes the innocent and rewards the guilty.

But give me a break. I am not about to accept that if we have the chance to prosecute and punish Charles Taylor, we should pass it up unless we can also prosecute George W, Blair, Ronald Reagan, Bob McNamara etc, albeit posthumously for some of them.

I trust that some of these villains will get their comeuppance one day, even if it only means their memory being appropriately vilified, but I believe those we can bring to book now we should bring to book now.

Consequently, I find it rather strange that my president should plead with the ICC to heed Africa’s concerns over the trials of the two Kenyan leaders indicted at the Hague, suggesting that if the tribunal does not do what pleases African rulers the African continent will not support it.

Stated otherwise, without necessarily doing violence to the logic, African rulers will support the ICC if the latter stops pursuing African rulers for crimes they are supposed to have committed. In other words, if you stop doing your job, we will give you our unflinching support.

It is the schizophrenic stances that we adopt so readily that really trump me. You are either in or out; you either signed up to the Rome Statute or you didn’t. You cannot have it both ways. (As a by the way, the same schizophrenia is evident when it comes to other commitments we undertake, such as the ones concerning regional integration, where we seem intent on being half pregnant).

Targeting Africa? I’m sorry, but Africa has not been indicted at the Hague, only suspected wrongdoers, who happen to be African. We may also want to remember that a couple of Serbs and Cambodians have made their appearances before the appropriate tribunals.

But also, let’s face it, Africa is where impunity is king, and the place most in need of a remedy.

Jenerali Ulimwengu is chairman of the board of the Raia Mwema newspaper and an advocate of the High Court in Dar es Salaam. E-mail: [email protected]

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