By Mpewo Alan Collins
2024 has been an interesting year thus far, and as the world approaches its mid season, more interesting events will keep unfolding. It commenced with an extension of the Russia-Ukraine war that many thought would not last until this day, and the Israel-Palestine war that started in the later months of 2023. The Hague has faced numerous controversies but with fairness, credit has to be accorded to where it has indicted and later successfully prosecuted persons that fall under its jurisdiction purview. Recently, Dominic Ongwen, former commander in the Lord’s Resistance Movement (LRA) that caused unforgettable scenes in Northern Uganda was found guilty of some counts, with more pending conclusion of trial. Such has been an example of how far positive it went.
The International Criminal Court (ICC) goes above than that to also make sure that the victims of the war crimes are repatriated under a repatriation fund it runs. There are also more mechanisms for the victims such as rehabilitation services. All these are timely mechanisms. What was of the end of the Second World War sent a stern message to all countries at the time and those that would come later that accountability should exist even during war. It is of little wonder then, that the Nuremberg trials were held shortly after the Second World war. Commenced in 2002, the ICC is tasked with issuing the close look to all those that participate in war crimes and/or crimes against humanity. The list of indictees has grown with recently some new entrants from Kremlin over war crimes allegedly committed during Russia’s invasion into Ukraine. But has it been all merry for the ICC?
Karim Khan, an ICC Prosecutor recently shocked the world with the announcement and later application for an arrest warrant against Israel’s premier, Benjamin Netanyahu on alleged war crimes committed in Palestine. The announcement has been followed with earlier applications made by the government of South Africa in the ICJ against Israel’s actions in Gaza since October, 2023. But what has been more interesting, is the discussion around Israel’s premier who issues a communique and video showing discontent in the actions of the ICC Prosecutor Karim Khan. Among other things, Benjamin Netanyahu wrote, “The outrageous decision by the ICC prosecutor, Karim Khan, to seek arrest warrants against the democratically elected leaders of Israel is a moral outrage of historic proportions. It will cast an everlasting mark of shame on the international court.”
Clearly, the ICC has been indicted and the world is awaiting its response which by and large, will have far reaching consequences on how further international relations from global stakeholders will be with the court. But would it be the first time the ICC is being publicly criticised? Definitely not. Sometime in 2016 several African countries pointed intentional fingers at the ICC’s activities. This was on allegations of biased mode of selection of those it prosecutes. Among others were South Africa, Burundi, and The Gambia that threatened withdrawing from being party states to the Rome Statute which operationalised the ICC. Whereas steps were taken by these countries, The Gambia of those, was the immediate one to withdraw. Some truth did exist of the biases, as critics wondered that why since 2002, it has only been Africans indicted by the ICC. From war criminals in (among others) Darfur, to D.R Congo, Libya, and Kenya, it is only until 2023, that non Africans in over 19 years are being indicted. It’s not shocking that the new entrants are from Russia.
More allegations have been around that he ICC is a Western puppet, citing wonder that why, despite all war atrocities committed by most Western powers in the Middle East and Africa, no such leaders have been brought to justice by the same court. In fact, in September, 2020, the USA government issued sanctions against ICC Prosecutor Fatou Bensouda, and ICC official Phakiso Mochochoko for opening up investigations against some USA government officials for war crimes committed whilst the USA conducted activities in Afghanistan and Palestine. As if that’s not enough, upon ICC Prosecutor Karim Khan pronouncing his intention to pursue an arrest warrant against Israel’s Prime Minister Benjamin Netanyahu, 12 Republican senators in the USA on 24 April, 2024 issued a letter to Karim threatening repercussions should he continue on his pursuit. US Secretary of State has also been put on notice of such intentions and is willing to tow way for the threatened actions.
The ICC is going to have a challenging time ahead now that the allegations have come to fruit. Perhaps the African states were right. Or will the ICC offer a judicially independent but just course of action. This is happening at the peak of heightened frequency instability in international relations. The fight for global dominance is continuously growing, and levels of international accountability seem to be determined by who barks louder. While Benjamin Netanyahu alleges democratic sovereignty, several African leaders were indicted by the same court while still serving leaders such as Yahaya Jameh of The Gambia, Muammar Gadaffi of Libya, and Omar Bashir of Sudan. The ICC’s decision will vindicate its critics, or showcase the independence that was intended by the Rome Statute. By and large, the Hague is faced with the greatest test since its formation.
Mpewo Alan Collins is a Research Fellow at the Development Watch Centre.
