Thomas Lubanga ICC verdict: A blow to impunity for war crimes

On 14 March 2012, the International Criminal Court (ICC) delivered its first verdict since it was established in 2002. The court found Thomas Lubanga Dyilo guilty of using child soldiers in the Forces Patriotique Pour la Libération du Congo (FPLC) during armed conflict in the Ituri region in the Democratic Republic of Congo, between 2002 and 2003. Thomas Lubanga has gone down in history and will be remembered as the first person to be arrested on an ICC warrant and convicted by the court. This is not an enviable record; it is a loud message to war criminals and a blow to impunity.

Thomas Lubanga was the commander in chief of the FPLC, an armed group that enlisted and conscripted children under 15 years old as soldiers, and was involved in other human rights violations. He was arrested on 17 March 2006 and his trial began almost 3 years later at the Hague on 26 January 2009. [Source].

I have no illusion that everyone will welcome this landmark ICC verdict. Many international law skeptics don't support the work of the court. They argue that it's a "western tool" designed to hunt down Africans. This assertion is based on the fact that all accused persons currently wanted and before the court are African.

It is true that the failure to investigate and prosecute perpetrators of alleged crimes, including former U.S president George W. Bush (and other top ranking members of his government), in other regions is an affront to the ICC and international justice. However, it's worthy to note that the absence of the international justice system, the ICC and other international criminal tribunals would embolden perpetrators of some of the most shocking crimes in Africa and beyond.

At the moment, only African cases are before the ICC, but a long list of charged and convicted war criminals reveals that international justice does not target only Africans. Over the years, numerous people from other parts of the world have been brought to justice in various international courts and tribunals. Recently, Ratko Mladic, former General of the Bosnian Serb army was extradited to the Hague for his role in the massacre of over 8000 Bosniaks during the 1992 - 1995 Bosnian war.

The Khmer Rouge trial also shows international law at work in Cambodia.

The books have not yet closed on alleged crimes authorized by George W. Bush and some top ranking officials in his administration. In July 2011, Human Rights Watch urged the US to investigate and prosecute crimes committed under the Bush administration. In October 2011, Amnesty International urged Canada to arrest, prosecute or extradite George Bush.

The conviction of Thomas Lubanga is a blow to impunity for war crimes and an indication that the international justice system works, despite concerns about double standards and snail's pace of proceedings. The system is capable of providing closure and justice for victims of grave crimes. In the words of a Congolese activist in a video released by Amnesty International, "when there is a verdict, victims feel recognized and... many will be scared... especially those military groups that are still very active, many of whom think that international justice is just a myth."

Other war crime fugitives wanted at the ICC are still at large, including Bosco Ntanganda and the infamous Joseph Kony. Governments have "consistently failed" to bring them to justice. [Source].

International law fugitives put civilians at risk. You are encouraged to join efforts to bring them to book. Sign a petition by Amnesty International urging UN Secretary-General Ban Ki-Moon to dedicate additional resources to protect civilians and to help governments arrest and surrender ICC fugitives.

Photo source: Human Rights Now.

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African states urged to reaffirm support for international justice

In a letter to Foreign Ministers of African states parties to the International Criminal Court (ICC), more than 30 African civil society organizations and international organizations with a presence in Africa urged African states parties to the ICC to reaffirm support for international justice. The letter, signed by 34 organizations, was written ahead of the 18th Ordinary Session of the Assembly of the African Union (AU), which ends on 30 January 2012.

The letter to Foreign Ministers of African states parties to the ICC came less than a week after the Executive Director of Human Rights Watch, Kenneth Roth, said during the launching of the organization's World Report 2012 in Cairo, that the AU was founded to promote democracy but has acted in the last year as if it is a "dictators' support club" that backs authoritarians and ignores the democratic interests of the people. It is hard to disagree with this assertion.

The AU consists of Heads of States who cling to power through controversial elections and constitutional amendments that tamper with presidential term limits. President Abdoulaye Wade of Senegal, for instance, recently amended the Constitution so as to be eligible to run for (re-)election. This is similar to what happened in Cameroon in 2008 - when President Paul Biya's government eliminated presidential term limits from the Constitution.

With more similarities than differences, such Heads of States are bound to support each other, even if it means turning a blind eye on blatant rights violations or providing safe haven for ousted dictators and their cronies.

Besides failing to take a tough stance against dictators during the "Arab Spring", African states failed to protect the rights of Sub-Saharan Africans who were systematically targeted in Libya during pro-democracy demonstrations in 2011 on accusations of working as mercenaries for the Gaddafi regime. During the conflict, Sub-Saharan Africans in Libya were considered a vulnerable group in desperate need of evacuation, but they were abandoned by their governments and the AU. Many African states turned a blind eye on human rights and democratic interests in Libya, and were preoccupied with blaming western democracies for interfering in the "internal affairs" of Libya.

The ICC is committed to ending impunity for international crimes such as crimes committed in Libya during the 2011 revolution that toppled a 42-year-old regime. African governments should support the ICC and do more to protect the interests of victims of rights violations and oppression, not the interests of dictators and perpetrators of crimes under the jurisdiction of the court.

Impunity for grave crimes is not an option. Perpetrators of crimes under the jurisdiction of the ICC should be brought to justice at the Hague - especially in cases where a fair trial is not guaranteed in a national court.

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Libya: ICC prosecutor applies for 3 international criminal arrest warrants

This afternoon, the prosecutor of the International Criminal Court (ICC) in the Hague announced that his office has applied for 3 international criminal arrest warrants linked to the brutal crackdown on pro-democracy demonstrators in Libya. This announcement comes less than 3 months after the United Nations Security Council unanimously referred the situation in Libya to the ICC.

Luis Moreno-Acampo, the prosecutor of the ICC announced that his office has applied to the Pre-Trial Chamber One of the court for three arrest warrants for the following Libyans:

• Muammar Gaddafi
• Saif al-Islam Gaddafi
• Abdullah al-Sanussi

It's worth mentioning that Saif al-Islam is the second eldest son of Libyan Leader Muammar Gaddafi and, according to Moreno-Acampo, Saif is the "de facto Prime Minister" of Libya. Abdullah a-Sanussi is Gaddafi's brother-in-law, "executioner and the head of military intelligence."

In a press conference which I watched live on France24 this afternoon, the prosecutor announced that direct evidence gathered during investigations by his office shows that Gaddafi personally ordered attacks on unarmed civilians and demonstrators in their homes and in public spaces using live ammunition, heavy weaponry and snipers.

According to the prosecutor, "the crimes are crimes against humanity" and persecution of civilians "is still ongoing."

Judges of the Pre-Trial Chamber are now expected to examine the prosecutor's application for arrest warrants and decide whether there's enough evidence to issue the warrants.

There's an urgent need to protect civilians in Libya from "wide spread and systematic attacks" by government forces. It's no secret that thousands of civilians, including journalists and pro-democracy demonstrators have been killed and persecuted in Libya since February 2011. Arrest warrants for perpetrators of such deadly attacks against demonstrators in Libya would send a loud message to repressive regimes that the world is watching and that crimes which contravene international law would not go unpunished.

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Cameroon and the Rome Statute of the International Criminal Court

The Republic of Cameroon - as located on the map - is bordered by Nigeria to the west, Chad to the northeast, the Central African Republic to the East and Equatorial Guinea, Gabon and the Republic of Congo to the south. All the aforementioned neighboring countries (except Equatorial Guinea), and more than 30 African states have signed and ratified the Rome Statute of the International Criminal Court. The question at this point is - why has Cameroon not ratified the Rome Statute?

The Rome Statute is a treaty that established the International Criminal Court (ICC). It entered into force in July 2002.

As of 20 December 2009, 110 countries (UPDATE: 114 as of 12 October 2010) have ratified the Statute. But Cameroon - like other countries with questionable human rights records - is hesitant to ratify it.

Ratification means States Parties recognize the jurisdiction, functions and structure of the International Criminal Court. Above all, ratification binds States Parties to the decisions of the court.

The ICC was created to try and punish individuals who commit genocide and other serious international crimes. The crimes in the jurisdiction of the ICC are laid down in Article 5 of the Rome Statute and they include:

• The crime of genocide
• Crimes against humanity
• War crimes
• Crime of aggression

It's worth mentioning that the court has jurisdiction only to crimes committed after the entry into force of the Rome Statute.

The Rome Statute of the ICC was adopted by the UN General Assembly by a vote of 120 to 7, with 21 abstentions.

The 7 countries that voted against, all have human rights concerns. All 7 countries have a record of human rights violations either at home or abroad. These countries include, the United States, Iraq, Israel, Libya, China, Qatar and Yemen.

It is no secret why these countries voted against the creation of the ICC, but it's difficult to understand why Cameroon - which prides itself as a country that respects human rights and the rule of law - is hesitant to recognize the ICC.

Does the government of Cameroon have skeletons in the closet? Would a government which has nothing up its sleeves hesitate to recognize the jurisdiction of a court designed to protect human rights?

Remember, "if it looks like a duck, swims like a duck, and quacks like a duck, then it's probably a duck."

Recommendations: Civil society organizations in Cameroon should take responsibility for promoting the Rome Statute to the public and the government should take steps to ratify the Statute as soon as possible.

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