Kampala meeting to empower ICC

The International Criminal Court Review Conference that begins next Monday in Kampala, Uganda, will be a turning point for Africa in relation to crimes against humanity.

ICC member states will meet to consider adding a new crime of aggression to the list of offences the court can prosecute, which means all member nations will be required to arrest officials accused of political aggression even from countries that are not party to the ICC.

The proposal states: “Any political or military leader would be guilty of the crime of aggression if he exercises control or direction over any use of armed force that represents a manifest violation of the United Nations Charter.”

At the recent World Economic Forum in Tanzania, African leaders concurred that Africa has for the past 15 years been moving towards constitutional order, political stability and democracy.

Africa’s democracy is gaining ground despite challenges posed by delayed elections and negotiated “unity” governments. Still, the ICC’s investigations in Africa is a crucial step against impunity on the continent.

First off

Among the five East African Community members, Uganda was the first to ratify the Rome Statute in 2003. Indeed, it was among the first 60 countries globally to refer a situation— the LRA commanders including Joseph Kony — to the ICC.

As it is, the ICC’s investigations in sub-Saharan Africa have stirred concerns over African sovereignty and the long history of foreign intervention on the continent. For example, there is a feeling that the prosecutor’s role is growing into that of a global cop’s.

Sceptics in Africa argue that ICC’s success should not just be evaluated based on the punishment of past atrocities, but also in terms of the effect its investigations have on reducing impunity and crimes against humanity in the future.

Since the end of the Cold War in 1989, the world has woken up to the reality that countries or their leaders cannot get away with crimes against humanity on the pretext of protecting national interest.

With the advent of ICC in 2002, the world is becoming smaller and the concept of sovereignty is getting thinner.

The fact that some military and political leaders from Israel have reportedly cancelled trips to Britain out of concern that they might be arrested for alleged war crimes, is an indication international law is taking root.

UN Security Council’s bias

In the past, the UN Security Council was seen as serving only the interests and the whims of its five members. Campaigns to open up the Security Council for broader membership are still on.

But the ICC has now ushered in a new period of international accountability for the gravest human rights abuses by ensuring that perpetrators are brought to justice.