Some Countries Undermine the ICC!

by Admin

Some African countries and the United State as well are undermining the ICC. But should people consider that a reason to exempt the Sudanese dictator from justice?

Surprisingly, many African countries called other ICC African members to withdraw from it protesting the indictment of the Sudanese dictator Omer al Bashir thinking that the ICC is targeting Africa.

They in fact afraid of the international justice as many of them are involving continuously in human rights abuses. So, it is not for that reason the ICC targets Africa. Even if this is correct, the international justice should apply the human laws to Africa because the continent lives in miseries in many parts of it because of some dictators.

The other African countries that ratified the Rome Statute are well in their way to apply the measures of the international justice in their regional laws.

Many countries in Africa and the Arabic countries especially those states parties have not adhered to the Rome Statute obliges to cooperate with the court in investigation and prosecution of crimes such as the arrest and surrender of suspects.

The legal note in Part 9 of the statute calls all the states parties to "ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part".

The United States under Bush was obviously taking many steps to undermine the International Criminal Court at the time of Bush Administration. Human Rights Watch has analyzed this and mentioned that Bush administration attempted to negotiate bilateral impunity with numerous countries around the world.

The Bush administration intended to exempt the US military and civilian personnel from the jurisdiction of the ICC. The US urges that such agreements be contemplated under Article 98 (2) of the Rome Statute.

Human Right Watch disagreed with that saying the impunity agreements violate the Rome Statute and therefore those who care about justice should oppose them, suggesting that if state parties, as well as signatories of the Rome Statute sign such agreements they would breach their legal obligations under the Rome Statute.

Useful Books

God Grew Tired of Us

Substantive and Procedural Aspects of International Criminal Law:The Experience of International and National Courts (Vol 1)

Commentary on the Rome Statute of the International Criminal Court: Observers' Notes, Article by Article

The Rome Statute for an International Criminal Court: A Commentary

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** Read the entry page to this comment at Indictment.

** Read relevant topics about the ICC indictment of the Sudanese dictator Omer al Bashir at Luis Moreno Ocampo, ICC, Omar al Bashir, Open Letter to Luis Moreno Ocampo and Lettre ouverte à Luis Moreno Ocampo. This page is in French.

** Read about the cause of indictment at Darfur, Save Darfur Coalition, Darfur Rebels, Darfur Crisis, Fur and NIF.

** Read about other crimes committed by the Sudanese dictator in Arabic, Danish and English at Politik, Human Rights Arabic Translation, Human Rights in Danish, Brigadier-Mohammed Ahmed Alrayah, Tortur, Ghost Houses and Historier fra Spøgelsernes Huse.

** Read about the secession plans of the military religious party in Sudan at Dictators Plan Imminent Secession in Sudan.

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