How flawed rules of international system affect Africa

The most serious challenge Africa faces today as far as the administration of justice at international level is concerned is not how to end impunity or bring the perpetrators of crimes against humanity to book but how to dislodge from the flawed rules of the international system. We live in a complex world in which those at the core determine what those at the periphery must do, for better or for worse. The struggle for democracy in Africa is primarily a political struggle in the form of governance, thus involving the reconstitution of the state. It is the exercise of peoples’ sovereignty and their right to self-determination. That is what the struggle for independence and liberation was all about. It was the struggle of the African people to reclaim their humanity and dignity and the right to think for themselves and shape their own destiny. This was, and still is, precisely the essence of anti-imperialist struggles. The push against impunity on our land has to come from the African people themselves; we must be given space to lead from the front. Impunity is a universal problem and is rife. Like cancer, impunity is also a global phenomenon. It mutates and takes different forms and shapes. We must not confuse the impunity of the 1980s with the impunities of the present era which cuts across the globe and should not be used or tagged alone on Africa for opportunistic reasons. The colonial underpinnings of international criminal justice are today hardly hidden. In its 10-year history, for instance, the ICC which was formed for this has only opened investigations into seven countries: the Democratic Republic of Congo, Uganda, the Central African Republic, Darfur/Sudan, Kenya, Libya and the Ivory Coast, all in Africa. Little wonder that international justice has long suffered from accusations of bias. It is clear that the ‘Africa needs our guidance’ mentality is the driving force behind their actions. It became even clearer that, contrary to claims that the ICC is out to ‘fight impunity’, it has been hijacked by the west, and, as a result, is nothing less than a neo-colonial instrument of manipulation, to sabotage African leaders or high ranking officials who refuse to become agents of western interests in Africa. As the then British foreign secretary Robin Cook said of the ICTY in 2000, “If I may say so, this is not a court set up to bring to book prime ministers of the United Kingdom or presidents of the United States.” To put it precisely, the international justice as currently constituted, is the stick for those who refuse to become willing tools, poodles of western imperialist interests, and in this game, no one should stand in their way. Prosecutions instituted and the arrest warrants issued by certain foreign courts against sitting African leaders or other high ranking officials, in violation of the immunity granted to them under international law, is something that shows how far the inclination has reached. Africa, definitely, supports the appropriate use of the principle of universal jurisdiction but not the abuse or misuse of indictments by non-African judges against Africans. The implementation of a flawed European Arrest Warrant (EAW) at Heathrow Airport in London against Rwanda’s intelligence and security chief Lt Gen Karenzi Karake on Saturday 2015 was seriously wanting to put it rather mildly! The Scotland Yard officers are said to have acted on a Spanish indictment accusing him of organizing attacks that led to thousands of deaths following the RPF intervention to halt the 1994 Genocide against the Tutsi. The stage at which the arrest was carried out poses serious questions. First, on several occasions Gen Lt. Karenzi had travelled to and from London through Heathrow Airport for official duties and there had never been issues with regard to providing him UK visa. Above all, where did the immunity granted to such high ranking government official go? This is an act of abuse of universal jurisdiction which ultimately endangers international law and order, and sets a bad precedent, especially if all countries that were victims of abusive international warrants resorted to the principle of reciprocity in order to defend themselves, their leaders and government officials. In fact, just to mention, Rwanda has issued various extradition requests to the United Kingdom. Despite these requests, there were very little practical experience to illustrate how the UK national authorities and, in particular, courts, dealt with such requests from Rwandan authorities. This, compared to how the UK has acted upon the faulty Spanish indictment, is an indication of how the international community is partial. Finally, the so-called international system is said to advocate for equality; international treaties, conventions and protocols are other tools to cite. However, in the real world, this is not the case. Africa is subjected to injustices which are capitalised on our weakness exacerbated by the flawed rules of the same international system. Unless and until we radically redefine this system, we are going to remain on the receiving end. Time has come to question this system in which we are only spectators in an otherwise serious game of international relations. oscar.kimanuka@yahoo.co.uk

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How flawed rules of international system affect Africa