ICC's Selective Justice Unmasked

Thousands of Sudanese have demonstrated in support of President Omar Hassan al-Bashir in the aftermath of the warrant issued for his arrest by the ICC.
Originally uploaded by Pan-African News Wire File Photos

ICC’s selective justice unmasked

By Lord Aikins Adusei

THE International Criminal Court was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression.

As of March 4, 2009, it has issued public arrest warrants for thirteen individuals.

Two have died, seven of them remain free, four are currently in custody of the court.

The four who are in custody are former Democratic Republic of Congo warlords — Thomas Lubanga, Germaine Katanga, Mathieu Ngudjolo Chui and Jean-Pierre Bemba.

Among the seven who remain free are Joseph Kony from Uganda; Vincent Otti from Uganda, Raska Lukwiya from Uganda, Okot Odhiambo from Uganda and Dominic Ongwen also from Uganda.

Others are Bosco Ntaganda from DRC, Ahmed Haroun from Darfur, Ali Kushayb also from Darfur, and Sudanese president Omar Al Bashir.

All thirteen of the indicted individuals have been charged with war crimes, and eleven of them have also been charged with crimes against humanity.

A careful look at the list of the people indicted by the ICC reveals that all those indicted are Africans.

This has raised a number of questions and concern that the court is targeting Africans or has been established purposely to deal with the Third World.

These claims appear to hold water and become weightier when one looks at what has gone on and continue to go on in Iraq, Afghanistan, Chechnya, Gaza and other parts of the world.

If Omar Al Bashir is a war criminal, what about those who invaded, occupied, destroyed and killed Iraqis?

The allied forces did not have the UN mandate to invade and occupy Iraq.

The claim that Saddam Hussein had weapons of mass destruction was false.

Is the ICC saying that there is no question to answer and that the invasion, occupation and killing of hundreds of thousands of innocent children, women and civilians was a just course and that the war did not violate any international law? Are the ICC officials living on a different planet?

Is the ICC aware of the continued insecurity in Iraq created by Bush, Tony Blair and Rumsfeld and the fact that most Iraqis today live in fear of their lives, and lack most basic necessities of life such as water and electricity?

Is the ICC aware of the torture, humiliation and mistreatment of Iraqi detainees in Abu Ghraib Prison and the fact that only low key officers were court marshalled by the US Army while the big fish continue to enjoy their life outside prison?

How different are the estimated 655 000 Iraqi who have died so far from the estimated 300 000 Darfuris deaths?

Is the ICC not deliberately targeting Africans because they are financially poor, militarily weak and politically ill organised?

How many African countries have the infrastructure to produce the millions of arms and weapons littered across the continent which are being used to kill and terrorise the people?

What effort has the ICC made to prosecute the Western defence companies and contractors who have turned Africa into graveyards?

What effort has the ICC made to prosecute the 85 companies who were implicated in a UN report of October 2002 for supplying arms to Uganda and Rwanda armies as well as to the 25 militia groups in DRC so that these companies could continue to meet the West insatiable appetite for technology, diamond, gold, coltan and timber?

Is the ICC aware that the beneficiaries of the war in DRC were named as Cabot Corporation, Eagle Wings Resources International, Trinitech International, Kemet Electronics Corporation, OM Group (OMG); and Vishay Sprague all of them companies in the USA?

Why haven’t those who finance the wars been arrested and prosecuted by the ICC? Is it because they are white and from the West?

Is indicting the Africans who are just the foot soldiers and leaving the arms suppliers and financiers in the West not selective justice?

Is the ICC saying that the extraordinary rendition or secrete CIA prisons in Cuba, Morocco, Egypt and Thailand where presumed enemies of the West are arrested, tortured, imprisoned without trial; denied access to their lawyers and families are not violation of international law?

If in the eyes of the ICC the conduct of the war in Iraq and its aftermath are just, why has the CIA destroyed 92 tapes believed to contain evidence of torture and war crimes against Iraqis, Afghans and other so called war-on-terror suspects?

Has the ICC deduced anything from the destruction of the tapes?

Are Bush and his associates not destroying evidence that might incriminate them?

Is it because the destruction of the tapes did not happen in Africa? If the ICC is not deliberately targeting Africa then why is it that the court has not said anything about the invasion, occupation and war in Afghanistan?

Like Iraq, hundreds of thousands of Afghans have been killed, infrastructure destroyed, and the people live in constant fear of their lives, all in the name of war-on-terror.

If the ICC is not targeting Africans, then what justification has it got not to indict the leadership of the Israeli government for the utter destruction of Gaza, the killing of more than 1 300 people as well as the over 5 300 who were injured in the 22 day air, sea and ground assault on Gaza?

At least 4 000 homes were destroyed and more than 50 000 people were rendered homeless.

UN and Red Crescent facilities, schools, mosques, hospitals and power installations were deliberately and systematically targeted and destroyed.

Medical personnel were shot at as they tried to evacuate the injured and the dead, the seriously injured were prevented from leaving Gaza to receive medical care abroad and weapons that should not be used in populated areas were used.

There was no discrimination between civilians, police personnel and their facilities and Palestinian fighters as bombs were rained on everyone everywhere.

Gaza today is the biggest prison in the world with the people in dire need of food, water, electricity and medicines.

Is this not a war crime?

The fact that the Israeli government put together a team of lawyers headed by the Justice Minister to defend the soldiers, should charges be brought against any of them, is an indication that even the Israelis believe their actions were tantamount to war crimes and crimes against humanity.

When the Israeli Foreign Ministry spokesman in the person of Mark Regev was asked by an Al-Jazeera broadcaster on the use of white phosphorous in densely populated areas in Gaza, his response was that the Israeli Army did not use any weapons that the Americans, Canadians, British and the Nato forces did not use or are not using in Iraq and Afghanistan, which is to say, if we are guilty then they might be guilty as well.

What justification has the ICC got not to indict the Israeli leadership?

Again is the Swiss government and the banking institutions in that country not guilty of crimes against humanity for keeping billions of dollars of stolen monies meant for the welfare of humanity?

And how about the governments of Luxembourg, Liechtenstein, France and Jersey Islands and their banking institutions who have become well off through monies stolen from the poorest of the poor?

Is the ICC saying keeping billions of dollars of stolen money meant for the welfare of the people not a crime against humanity?

Or the ICC has closed her eyes and ears because the institutions and corporations involved are of Western origin?

If Americans are calling for Bush, Rumsfeld and some Pentagon officials to be prosecuted for sending Americans to die in vain and for ordering detainees to be tortured then what is the ICC doing?

What is the indiscriminate killing of children, women and civilians and the daily violation of the sovereignty of Pakistan telling the ICC?

Has the ICC got different sets of rules for the Third World and another for the so called developed world?

Is the US not culpable for selling or donating military machines that Israel used and continue to use to destroy Palestinian homes and kill unarmed civilians?

Is leaving Bush and his cronies and indicting Omar al-Bashir and the other foot soldiers in Africa not selective justice?

If those indicted in Africa have committed any crime surely they must face the consequences of their actions but it will also be an injustice if those supplying the weapons and bankrolling the conflicts are allowed to go unpunished.

Justice should not be biased or partial or perceived to be biased towards a certain class of the earth’s citizens.

No one should be treated or made to feel s/he is above international law when it comes to things that matter to the whole world.

No nation no matter her economic, social or military capabilities should be treated differently when it breaks international law.

No individuals no matter the office that she or he holds should be exempted from prosecution if he or she breaks international law. It is by upholding this principle that the ICC will be seen to be impartial and unbiased.

For what is good for the goose is equally good for the gander.

-Lord Aikins Adusei is a Ghana-based political writer and can be contacted on politicalthinker1@yahoo.com. This article was excerpted from the original version which first appeared in the African Executive online.