Don’t quit ICC, EU envoys tells African leaders

Gulu.

European envoys to Uganda have criticised the threats by some African leaders to withdraw from the jurisdiction of the International Criminal Court [ICC], saying the move may encourage crimes and misrule worldwide.

The EU ambassadors criticisms follow recent pronouncement by Burundi and South Africa to withdraw from the ICC, a move that comes after several other African countries expressed concerns over what they describe as ICC’s disproportionate targeting of the continent’s leaders, including Sudan’s Omar el Bashir. However, no single Western war criminal has been indicted by the ICC.

Mr Kristian Schmidt, the EU head of delegation, told Daily Monitor in an interview on Tuesday that EU was very disappointed with South African government’s declaration to withdraw from the ICC, adding that they urge them to reconsider their position.

Last month, South Africa, and later the Gambia, followed Burundi in announcing their intention to quit The Hague-based court. “We want South Africa to reconsider its position, we know there are strong forces in South Africa. South Africa, like any other country in the world, should be aware from its history and know the importance of dealing with impunity and crimes committed at the very top of the state,” Mr Schmidt said.

Commenting on Uganda’s position, whose President many times has rebuked ICC; calling it a ‘useless’ organisation, Mr Schmidt said the government should not withdraw from the ICC because it’s better placed from its history to see the importance of fighting impunity.

“The example of Dominic Ongwen’s case and the collaboration the ICC enjoys here in Uganda shows that ICC is working and we see no reason for Uganda to withdraw from the Jurisdiction of the ICC,” Mr Schmidt said.

He said there are issues that have been raised by African leaders against the ICC, but he said such issues should be discussed in the Assembly of State Parties to the ICC statute.

“European Union is open to discussion with Africa about their concerns but if they are out it won’t be anymore. I think if African nations pull out of ICC, it will lead to an encouragement of dictatorship worldwide,” he said.

Mr Henk Jan Bakker, the Dutch envoy, said African leaders should think ‘twice’ before quitting the ICC and warned that impunity is something that the world shouldn’t accept.

“As an institution of last resort, let’s not forget that justice can be sorted out in many places and ways and national authorities are responsible for their own justice system. But if justice cannot be found in one way or the other in the countries themselves then ICC is the institution of last resort for the horrible crimes committed,” Mr Bakker said.

Ms Stephanie Rivoal, the ambassador of France, said: “ICC belongs to all the countries who signed the treaty. It belongs to the victims of conflicts worldwide, we are eager to see what happens to the trial of [Dominic] Ongwen and we hope the process won’t disappoint the victims,” The envoys made the statements at the sideline their annual retreat to Gulu district.

On Tuesday, a delegation of 10 European ambassadors arrived in Gulu District to assess the social and economic situation in the northern region after the two-decade Lord’s Resistance Army (LRA) war.
The envoys also toured several EU funded projects, held discussions with political, religious and cultural leaders and a paid visit to the Lukodi massacre site where more than 50 locals were massacred in 2004 by LRA rebels.

About the ICC
Governed by an international treaty - the Rome Statute, the ICC is the world’s first permanent international criminal court. It is based at The Hague, the Netherlands. It is a court of last resort, and seeks to complement national courts. The ICC investigates and tries individuals charged with crimes of genocide, war crimes and crimes against humanity. The Court hold those responsible accountable for their crimes and seek to help prevent these crimes from happening again. Uganda is one of 120 countries that signed the Rome Statute, which was set up in 2002.

Most of the ICC prosecutions, such as in the DR Congo, and Uganda have been requested by the countries themselves. There have thus far been 23 cases before the Court, with some cases having more than one suspect. The ICC judges have issued 29 arrest warrants with 8 persons detained in the ICC detention centre and have appeared before the Court. Another 13 persons remain at large. Charges have been dropped against 3 persons due to their deaths. ICC judges have also issued 9 summonses to appear. The judges have issued 4 verdicts: 3 individuals have been found guilty and 1 has been acquitted.