₦airaland Forum

dermmy:
All these western institutions were created to enslave Africans, they are agents of neo-colonialism. It is foolish for African leaders to send our black brothers to the white men for prosecution. After centuries of slavery and decades of imperialism we still allow the whites to help us make our decision. I was annoyed when ECOWAS had to take permission from UN before they could send troops to the Gambia, can't we make our own decision without involving the white men that exploited our continent for centuries, raped our female ancestors aboard the slave ship, use them on their farms and grounded our civilization. So many white men have committed crimes against humanity but the ICC would over look it but when an African man does that they would start barking like a dog calling for his extradition to the hague, African leaders should wake up from their slumber and AU should stand up to her responsibility. God bless Alkebulan/Africa

Ugosample:
But Ghana leaders don't commit war crimes na

But if they do, ICC is waiting for them;

Sentiment aside

davereal:
Wow! This is good! The ICC was established on the principle of complementarity, i.e to assist national judicial systems. But in a situation where national courts are incapable and unwilling to prosecute crimes of concern to the international community (War crimes, Crimes against humanity, genocide and Crime of Aggression), the ICC can step in. African judicial systems have shawn this incapacity and unwillingness, therefore necessitating the incoming of the ICC. Western courts on the other hand, have been able to prosecute individuals found guilty of war crimes, crimes against humanity, genocide and crimes of aggression.
There is also the principle of jurisdiction and gravity. Most of the crimes outside Africa (e.g Syria) are not under the jurisdiction of the ICC as Syria is not a state party to the Rome Status. However, the Security Council can refer such case to the ICC just like they did with Sudan and Libya. But they remain adamant mostly because of veto powers interests in the Middle East. So the accusation of bias should be channeled to the SC and not the ICC.
The argument therefore, that the ICC is a neocolonial tool in the hands of the Western Powers is irrational and pseudointellectual. African leaders are very despotic and prone to committing war crimes and crimes against humanity, therefore their hatred for the global Court. AU's position on the other hand is a safe face adventure to divert attention from the material to the immaterial.

Just30:
even if they do, we have confidence in our judicial system for it to be dealth with here.

Ugosample:
Yes indeed.

But Anas did something some time back to expose your judiciary

What do you have to say about that?

jpphilips:
I disagree, the US has a SC veto but not a signatory to the Rome statute, SC is more powerful than the ICC and covers global jurisdiction, why would a country have the right to stay or leave the ICC when the SC can hand down any sanction they deem necessary to any country?
The US said they have strong institutions reason they don't need the ICC, but what about weak institutions protected by the US by virtue of their SC veto example Bahrain? I think the way it should play out is this; the SC should have its own court where your summon should be decided by the super powers as it were.

ATERI:
Yea, that is why Tony Blair and George W. Bush had been prosecuted in London and Wshington for waging an illegal war.

davereal:
Nice point bro! That's why I wrote: the accusation of bias should be directed to the SC and not the ICC.
These individuals are outside the jurisdiction of the ICC, only the SC can refer their cases to the ICC like they did Al-Bashar of Sudan and Late Gaddafi of Libya. This where the accusation of neocolonialism comes in. But you will agree with me that African Leaders have failed us and have rendered our judicial system toothless.

davereal:
Well said. The major problem is the Veto Powers and if allowed to prosecute crimes of concern to the international community as you postulated, interests will always overshadow reasons and the world would have been drawn back to 19th century. The solution to me, is for UN General Assembly to checkmate the SC or rather pressure her to refer cases like Syria, and individuals like Tony Blair and Bush to the ICC.

Just30:
Are you insane?
You are giving them the power to share African countries among themselves again. They will share and loot. Don't build your own institutions to withstand your political class and continue looking to the US and Europe