Professor accuses ICC of re-colonizing Africa
By Norman S. Miwambo
14th March 2011
International Criminal Court (ICC) Prosecutor, Luis Moreno-Ocampo, with diminutive understanding of Africa and its cultural diversity, is destined to plunge Kenya into catastrophe with his egoistic insistence on trying the six Kenyans indicted for crimes against humanity following the 2007-2008 post election violence in Kenya, Professor David Hoile has said.
Prof. Hoile was speaking to journalists at Park Hotel Croydon-London on March 4th during the launch of a 42 page lobbying document titled “Why the deferral of the Kenya case by the UN Security Council will save the ICC from self destruction and collapse in Africa and third world countries”.
The document, which was prepared by Africa World Media Ltd, calls on the UN Security Council to accept Kenya’s request under Article 16 of the Rome Statute for deferral of the case against the six indicted Kenyans, saying the case will disrupt the ICC operations in Africa.
The six suspects include Kenya’s Deputy Prime Minister Uhuru Kenyatta, Cabinet Secretary Francis Muthaura, former police Chief Maj. Gen. Mohammed Hussein Ali, Rift Valley MP William Ruto, Henry Kosgey, and Joshua Sang; a journalist from Kass FM Station.
Prof. Hoile, the author of “The ICC: European’s Guantanamo Bay”, said Ocampo’s credibility and record is tainted with allegations in a sex scandal and withholding of evidence against indicted war crimes suspect Thomas Lubanga. The Prof. also said Ocampo’s insistence will jeopardize the relative peace in the region. He also said Ocampo has not given sufficient thought to what could happen in Kenya as the country prepares for elections in 2012.
To back up his attack on Ocampo’s credibility, Prof. Hoile referred to the views of Sir Adrian Fulford, the British High Court Judge who was supposed to preside over in the Thomas Lubanga’s trail. He said the Judge found that Ocampo’s alleged failure to disclose hundreds of “potentially exculpatory” documents could exonerate Lubanga.
Prof. Hoile also attacked the independence of the ICC itself, saying at the end of the day, “…its actions are policed by the most powerful political institution in the world-the UN Security Council…this is not an independent court…it may well be a European court…for Africa. To make matters worse, the actual day to day running of the court is shambolic; absolutely shambolic”, Prof. Hoile added.
Prof. Hoile also questioned the procedure for appointing ICC Judges and said, “…the selection of Judges in the ICC amounts to trading. There are judges who have never handled such cases”. The professor also claimed that the fact that 66% of the court’s day to day running is funded by European Union also gives it power to control ICC policies. “…If you’re supervising 66% of the budget of any organisation, basically you are directing it. And that is what we see in the context of the ICC”, Prof. Hoile charged.
Accusing Europe recolonisation, Prof. Hoile said there are over 9,000 complaints in 139 countries but the ICC has only chosen to act on seven African situations. “…It is either only black Africans who are capable of commiting war crimes, or there is some sort of…legal recolonisation of Africa or dictating to Africans who their political leaders may or may not be”, Prof. Hoile said.
Separately, Dr Stephen H. K. Njiru of Humphrey and Company Advocates said, “…we don’t need to see the country going into chaos again because of the ICC prosecutor. Kenya is not a failed state…our judiciary is capable of trying the perpetrators. I don’t believe that we can take all people at The Hague”, Dr. Njiru said in response to a question from a Journalist.
ICC Prosecutor Ocampo was also accused of running down the ICC by conducting one sided investigations. Citing a few examples, it is alleged that Ocampo only investigated the Ugandan Lord’s Resistance Army [LRA] rebels and ignored possible atrocities against civilians committed by the Ugandan army.
David Nyekorach Matsanga, a former LRA negotiator, also questioned why Ocampo only investigated former Democratic Republic of Congo [DRC] Vice President Jean Pierre Bemba and ignored François Bozizé Yangouvonda. END. Please log into www.ugandacorrespondent.com every Monday to read our top stories and anytime mid-week for our news updates.
