Chief Justice questions credibility of ICC

Chief Justice, Sam Rugege, has expressed distrust in the international courts’ capability to try Africans, saying they are limited by distance and understanding the context in which the crimes were committed.He made the remarks in an interview with The New Times yesterday, at the sidelines of the 10th edition of the East African Magistrates and Judges Association (EAMJA) conference in Kigali.“Many Africans have said that they are unhappy about the way the International Criminal Court (ICC) operates. Instead of operating as an international court, many think it is biased towards the continent and ignores crimes committed in other parts of the world,” Rugege said.He acknowledged that although ICC does assist countries that have limited capacity and will to try particular individuals, it is not right for war crimes being committed elsewhere to be ignored.“Africa appreciates the purpose of setting up ICC and many African countries were the first signatories to join. However, when we are singled out, yet we witness very many other international cases being ignored, our trust in the court lessens.”At the conference, participants pressed ICC to indict suppliers of arms to rebel groups such as FDLR that terrorize the region instead of focusing on the rebel leaders alone.“Thomas Lubanga was tried and convicted for committing war crimes in DRC, but nobody ever questioned where he got the arms. Does he make grenades or AK47s? The western companies that support the war crimes in Africa must equally be punished for the atrocities,” a participant reiterated.Rugege said in most instances, judges and prosecutors hearing trials of crimes committed in Africa are unaware of the context in which the crimes were committed, thus making unfair judgments.“There are cases like that of Callixte Mbarushimana, who although was acquitted, the community where lived in Rwanda cannot accept him as an innocent man because they know what he did. Instead of being too philosophical and academic about cases, international court judges should try to understand the victims who feel that justice has eluded them,” he noted.Mbarushimana was indicted by the ICC in for his participation in the 1994 Genocide against the Tutsi and war crimes allegedly committed in the Democratic Republic of the Congo in 2009. He was arrested in France in 2010 and extradited to the ICC but was released on December 24, 2011 on the grounds that the court did not have sufficient evidence to convict him.Participants at the conference agreed that strengthening the capacity of regional courts and expanding their jurisdiction is their best option to develop trust and ability for African courts to try war criminals.

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Chief Justice questions credibility of ICC