By William Makora
As it stands in Kenyan today, we may be partners at The Hague Court by grave mistake. The International Criminal Court at Netherlands is a needless institution for us. In fact, we benefit nothing from the establishment and whatever it asks from us today or after is nothing but a blatant bother to the sovereignty of our land.
Currently, the new Chief Prosecutor to the court, Ms Fatou Bensouda, is in the country to pursue factors that favour prosecutions of four Kenyans for the Post Elections Violence of the year 2008 for cases commencing on 4th April, 2013. The four include Hon. Uhuru M. Kenyatta, Francis Muthaura, Hon. William S. Ruto and Joshua Sang. The court has in prÃ©cis charged them with â€˜crimes against humanityâ€™. That simply means the four led, planned or personally caused the violence that left many people dead, homeless and needy in the country.
We need justice; yes, we need to see it done to all of us among us! Justice exported is justice withdrawn.
The mother of questions is: where was the ICC when Kenyans talked truce and moved, selflessly, to regain peace? What has it done years after, especially, to the affected citizens some of whom are still languishing in cold of pathetic camps due to displacements? What help has the government gotten from the court in terms of strengthening structures that would see the nation safe from such-like phenomenon? What is arresting and/or prosecuting Kenyans in Netherlands helping the nation with?
Whoever appreciates that democracies of the world today passed through the valleys, wilderness, thickets and mountains lives real life. Following the dictum: Rome was not built on a day, it is foolhardy to assume Kenya plays in one league with America, etc. Yet punishing Kenya because it does not play in a league with America if unfair. True justice applies to all mankind. Big brother justice is recipe to trouble.
I listened to the Chief Prosecutor, Ms Bensouda, answering Kenyan media that it is upon Kenyans to decide the future of their nation and wondered what the country needs the ICC in the first case. On question whether she would support African quest to withdraw from the ICC in protest, she simply confirmed that she is working for the institution. It should be noted that the growing concern of Africa is what it stands to gain from the institution and not what individuals do for the institution. If the ICC would employ and deploy security agency or supply logistical help to member countries it would be worthy of having at home. Otherwise, it may not be better than the local judicial arrangements in any way. While the local institutions consider corrective measures, the ICC promotes punitive measures; almost blindly. That makes it pass more as a new form of imperialism imposed by world powers ostensibly to harass junior nations mostly in Africa.
It is requisite that the Chief Prosecutor advises the court to establish branches in member countries other than bullying in disguise that required standards only prevail at The Hague.
Ms Bensouda has a duty, therefore, to get the sense of the questions coming from the continent on the perception of the institution. If the questions concern the relationship directly or by extension, I think her office should inform the courts appropriately because African nations must not be pushed to rebel against ratifications they made in good faith. Acts of authoritarianism designed to offer the continent to any â€œfulfillment agendaâ€ that roll it into the depths of the valley of power and progress is not tolerable. African sovereignty is its birthright.
The ICC has been seen to employ heavy hands on many Africans cases where Africans have been prosecuted and sentenced in Netherlands. That is not palatable. That is not satisfying conditions of human rights as are commonly established in constitutions that govern African nations as they give judicial systems powers to met justice over all citizens and persons within their jurisdictions. In fact, no African Constitution leaves out any crime whether against humanity, property or other. It is therefore, requisite that the Chief Prosecutor advises the court to establish branches in member countries other than bullying in disguise that required standards only prevail at The Hague.
If the ICC is not going to listen to the mammoth calls from African states it may be surprised to find itself an irrelevant foreigner to the continent in future. That is regretful for an institution formed by popular consensus to ensure justice and order on the global environment. We need justice; yes, we need to see it done to all of us among us! Justice exported is justice withdrawn.