Of Kenya, Africa and ICC

Kenyan MPs recently started lobbying for the country to pull out of the International Criminal court. Beyond that they have called for the rest of Africa to do the same.

Many people will say Kenya is calling for this move in light of an ICC prosecutor calling for 6 of its nationals some of them cabinet ministers, to be prosecuted by the Hague-based body for crimes connected to the political violence of 2008

While this might have an element of truth I have never been a fan of the court given that some of it advocates i.e. the United States of America do not fall under its jurisdiction. In other words the President of the USA can bomb whoever they like and ICC cannot book them. Anything can happen at Guanatanamo or wherever and the ICC can’t touch them.

For that reason I would support a pull-out from the ICC because it is either we are all in it or or all out of it. It also smacks of a system put in place to police certain states. The argument here is not about the existence of an International Criminal Court but rather that the objective in this instance is entrenched in a corruptible system.

Why is it that countries who do not fall under its jurisdiction use its force to deal with countries it may not like? Think of the case of Omar al-Bashir. Now I am not going to say he is the most pleasant person who has walked the earth but then indictment of a sitting president with such reckless abandon is an affront of that nation’s sovereignty.

In point of fact none of the nations with real power fall under the ICC. Only the small nations are bossed around by the ones who have the power to prod the court whichever way they wish.

So while the Kenya situation needs sorting out, I think that the ICC does not serve that purpose especially in the interest of Africans. I am not keen on its methods and even less excited by its cobweb-ridden objectives.

Africa should find its own way of booking its lot! As for the ICC, in its state, it is not for Africa!

  • RueJay

    Surely some sort of policing in whatever form is better than none at all…?