via Mugabe protected by AU feud with ICC | SW Radio Africa by Alex Bell on Tuesday, October 15, 2013
The African Union (AU) feud with the International Criminal Court (ICC) is providing Robert Mugabe with another shield from possible prosecution for crimes against humanity.
The feud was on display this weekend, when a special summit was called by the AU to discuss Africa’s continued relationship with the Hague based court. Some AU members have accused the court of bias towards the continent’s leadership, with the current prosecution of Kenya’s leadership for crimes against humanity, and the outstanding warrant of arrest for Sudan’s Omar al-Bashir for war crimes in Darfur.
A mass walkout of the ICC, which was feared would happen at the special summit in Ethiopia, never happened. Instead, African leaders proposed that sitting heads of state across the continent be granted a blanket amnesty from ICC prosecution.
This proposal has been criticised for seeking to protect a handful of Africa’s most powerful people, and allowing widespread impunity to continue. Such a move would shield not only Kenya’s leadership and al-Bashir, but also Mugabe from answering for serious crimes.
Zimbabwe has openly backed calls for Africa’s withdrawal from the court, which has been described as ‘unsurprising’ by analysts and observers. Clifford Mashiri, a UK based political analyst and former Zimbabwean diplomat, told SW Radio Africa that: “The Zimbabwean leaders are afraid of being sent to the ICC for their crimes. This is why they rigged the elections, to remain in power and ensure there is no government in place that would help refer these individuals to the ICC,” Mashiri said.
Zimbabwe is not a member of the ICC after refusing to ratify the Rome Statute, which is the treaty that established the court. The court was set up specifically to deal with genocide, crimes against humanity, war crimes and crimes of aggression, if those atrocities are committed in the 122 countries that signed the Rome Statute.
The exception to this rule however is that the ICC may have jurisdiction to investigate and prosecute the crimes if its jurisdiction is authorised by the United Nations (UN) Security Council. This precedent has previously been set with the Darfur war –crimes case, which saw the UN Security Council refer the case to the court, resulting in the arrest warrant for al-Bashir.
This would in theory pave the way for a similar situation in Zimbabwe, after the Gukurahundi was officially declared a genocide in 2010. This development means the ICC could prosecute Mugabe, if the matter was referred by the UN Security Council.
But Mashiri said that the AU was “putting up a wall against victims of violence and crimes against humanity,” by seeking to protect heads of state from ICC prosecution.
“We know that the AU is open to manipulation by Mugabe, who is treated as a forefather of pan-Africanism. They are sympathetic to Mugabe. So it is disturbing that victims are violence appear to be marginalised by the AU,” Mashiri said.
COMMENTS
why mugabe ; they shoulld prosecute Bush and Blair first . africa dnt be blinded
Because he has been caught. Mugabe acted with impunity thinking he can get away with it. If he is innocent I don’t see why he is hell bent on trying to avoid being held accountable for his action. Saying George Bush should be prosecuted first is no defence it’s just a childish lame excuse. mumwe nemumwe anomira nezvake!!. Mugabe as a ”principled” man owes it to his people to prove to the whole world that he has the interest of his people at heart and would dare not hurt them. If he does that instead of Kunyenyeredza chokwadi kunge mbudzi yaona matope I will Call him the President of Zimbabwe instead of the Mafia boss of Zimbabwe.
Only the people of Africa themselves are to blame. Despots and tyrants only exist in countries where the people have not sort their own liberation from said despots and tyrants. If every person in Africa mobilised and demonstrated for inclusion into the ICC, mobilised and demonstrated for accountability from their respective governments. African leadership would change for the good of all. Africa could finally join the free world and earn respect and support from the world.
They are indirectly saying they are guilty. I say we should send in drones and take them out. I am prepared to pull the trigger. Mugabe needs to see the end as Gahdfi
Sadly I don’t see any prosecution happening. May it be a consolation to us all that he surely will meet his justice with the big man in the sky.
Be careful about calling The Lord God the big man in the sky, Eish!
leave mugabe pliz
people. Zimbabwe will never be a colony again. if we are to have solutions, they are going to be from Zimbabweans, by Zimbabweans and for Zimbabweans. we shall never allow detractors who are capabale of sanctioning our people to judge over our culture, heritage and issues. zimbabwean issues are out of bounds to them as far as they are concerned. we will allow them wishful thinking but assure them of our boldness towards the issue of interference. opposition politics have tried to flood the international media with sensational stories about our country, they are acting unconstitutionally and are wrongly the founding principles of our country that we are proud of. instead of demonising or president in isolation, i suggest that u demonise all of us because we are not only behind him but we are with him and will continue into the future. so dream on dream on, zimbabwe will never be a colony again.
Stupid comment
Hondo, in other words you are saying Gukurahundi, Murambatsvina and the murder of political opponents should go unpunished.
What is puzzling about Mugabe is that while he argues that the ICC is an imperialist court, he argued for the dismantling of the SADC Tribunal whose establishment he was involved in and even seconded a Zimbabwean judge, Antonia Guvava to work there.
All that this murderer and thief is really interested in is to continue human rights abuses with impunity.
Who said it will be or wanted it to be. This philosophy of you are with us or against us is the reason why Zimbabwe is competing with Somalia as the worst governed country in the world. I love my country which is why I oppose anyone who tries to turn it into a waste land and because of people like you Zimbabwe already is. Mugabe is no God and if anything the past 33 years has proven that he is just a mortal who has no idea of he is doing. If anything I thank him for proving to the people of Zimbabwe that you do not need 8 degrees to run a country just common sense will do. Mr Mugabe without bring disrespectful seems lacking in that regard.
Finish gogo I like yo resolute stance bt may I remind u Gbagbo, Gaddafi, Saddam, Hitler, Sese Seko etc and their supporters were saying the same. Back home Smith was determined to prevent black rule for a thousand yrs bt we all know what happened latter. The question u shd be asking yoself is why is Mugabe so afraid of icc? Why will icc knock on his door only and not on Rupia Banda or his successor Sata? Kana pasina chaakaturika anogovhundukei pane chadonha? In any case he was not indicted bt e guilty are always afraid
Leave Bob alone pliz.pamberi nekubatana
Poor- inferior people of my skin,Do you really wish your African leaders should submit to the western,but why do you hate yourselves so much as Africans? Ahaar no!
kubatana naniko nhai Malambanie. Zimbabwean solutions for Zimbabwean problems for Zimbabweans my foot. that will never happen. want a bet…….
the fact that we seek leaders that are accountable is an indication of our aspirations as a people not an indication of inferiority. our continent does not have the capacity to hold our leaders accountable or maybe it just wont.
Whoever commits should face justice anywhere under the sun. Why should africa withdraw no no no should be member for lyfe.
Just do good you will leave a peacefull life.
ICC can only be seen to be fair if it applies the Rome Statute fairly. I doubt whether this is being seen by those who feel aggrieved by their own leaders. It’s becoming increasingly difficult to imagine it’s only leaders in Africa who have the affinity for committing crimes against humanity.
I am in agreement there are some in this continent who surely need to be guests of the Hague. However, in all fairness, let us also see others from elsewhere getting the feel of justice. We can’t keep on seeing lives destroyed forever for reasons that do not exist but manufactured in the name of defending democracy.
Why do African leaders, for example, keep distant when some countries are terrorized by the West? Where is this sovereignty they keep harping about?
Africa needs to re-look at its stand on some of these issues. Africa need to re-look at its stand on governance issues. I believe the best arbiter to African issues is Africa itself. We surely need to do away with this big brother syndrome.
Times have changed and what used to be good before need be domesticated within to avoid voices from elsewhere dictating who should and should not face justice.
If crime was measured relative to another crime, I would read on on those who bring in comparative arguments against evil committed by Mugabe. Gukurahundi is Rwanda genocide done in Zimbabwe by a man who was a darling of the west. Murambatsvina is evil that simply had to be made by a blood thirsty dictator who knows no bounds of committing evil. The wars the west get accused of making with other countries-at least they are wars of supremacy and economic as well as strategic interests. How Mugabe exercises his evil muscles against his own people is beyond me.
Every single misruler of independent Africa must go to I.c.c only exceptions to be Mandela 3 botswana leaders and tshombe. Rest are or were total scum
the god of this world ‘satan’via the AU will protect his children till The God of the Universe will make His judgement…aparantly quite soon. Let us not be concerned about revenge.. It belongs to The Lord!