This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.nytimes.com/2013/12/04/world/africa/casting-a-critical-eye-on-justice.html
The article has changed 3 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Court Is Accused of Unfairly Targeting a Continent’s Leaders | |
| (about 7 hours later) | |
| Little noticed outside Africa, a movement against the International Criminal Court has been brewing on the continent this fall, challenging a unique but often polarizing international mechanism to prosecute grave human rights abuses. | Little noticed outside Africa, a movement against the International Criminal Court has been brewing on the continent this fall, challenging a unique but often polarizing international mechanism to prosecute grave human rights abuses. |
| Some national governments, through the African Union, have campaigned vociferously against the Hague-based court, which has pursued cases against a handful of African leaders, warlords and rogue actors accused of persecuting citizens, often their own. | Some national governments, through the African Union, have campaigned vociferously against the Hague-based court, which has pursued cases against a handful of African leaders, warlords and rogue actors accused of persecuting citizens, often their own. |
| And that, in the view of the African Union, is the problem: All of the investigations — 21 cases in eight countries — opened by the court since its creation more than a decade ago have been in Africa. | And that, in the view of the African Union, is the problem: All of the investigations — 21 cases in eight countries — opened by the court since its creation more than a decade ago have been in Africa. |
| The African Union, invoking old demons of racism and imperialism, says the court is targeting Africa and should back off. At a union summit meeting in October, President Uhuru Kenyatta of Kenya, whom the court has charged with crimes against humanity, called it a “painfully farcical pantomime” and “the toy of declining imperial powers.” | The African Union, invoking old demons of racism and imperialism, says the court is targeting Africa and should back off. At a union summit meeting in October, President Uhuru Kenyatta of Kenya, whom the court has charged with crimes against humanity, called it a “painfully farcical pantomime” and “the toy of declining imperial powers.” |
| Hailemariam Desalegn, prime minister of Ethiopia and chairman of the African Union, said in an address to the body that the court’s “unfair treatment” of Africa was “completely unacceptable.” Algeria’s foreign minister, Ramtane Lamamra, told the magazine Jeune Afrique in October that it was a “north-against-south court.” President Paul Kagame of Rwanda has also been harsh in his criticism. | Hailemariam Desalegn, prime minister of Ethiopia and chairman of the African Union, said in an address to the body that the court’s “unfair treatment” of Africa was “completely unacceptable.” Algeria’s foreign minister, Ramtane Lamamra, told the magazine Jeune Afrique in October that it was a “north-against-south court.” President Paul Kagame of Rwanda has also been harsh in his criticism. |
| African leaders have backed up these derisive words with deeds. A series of resolutions, initiatives and demands over the past two months have focused on weakening the court’s grip. Some in the African Union have even called for Africa to withdraw from the court altogether. | African leaders have backed up these derisive words with deeds. A series of resolutions, initiatives and demands over the past two months have focused on weakening the court’s grip. Some in the African Union have even called for Africa to withdraw from the court altogether. |
| Human rights observers with experience in Africa say the union’s criticisms are ironic. The court’s focus on Africa is hardly accidental: Most of the conflicts under investigation, in five countries out of the eight, were initiated by the African nations themselves. | Human rights observers with experience in Africa say the union’s criticisms are ironic. The court’s focus on Africa is hardly accidental: Most of the conflicts under investigation, in five countries out of the eight, were initiated by the African nations themselves. |
| Some human rights experts also argue that no other continent consistently pairs such large-scale misdeeds with such fragile homegrown justice systems, and that the court’s caseload merely reflects this. In the past four years alone, African leaders have turned weapons on their own people in at least four instances, resulting in hundreds, if not thousands, of deaths. | Some human rights experts also argue that no other continent consistently pairs such large-scale misdeeds with such fragile homegrown justice systems, and that the court’s caseload merely reflects this. In the past four years alone, African leaders have turned weapons on their own people in at least four instances, resulting in hundreds, if not thousands, of deaths. |
| In each case, local efforts at prosecution have been either nonexistent or feeble. That is why the International Criminal Court is important, its supporters say. | In each case, local efforts at prosecution have been either nonexistent or feeble. That is why the International Criminal Court is important, its supporters say. |
| “The reason why it has been focused on Africa is because in Africa, there have been more of the most massive crimes,” said William Bourdon, a French lawyer involved in cases being pursued against African leaders over purchases of luxurious overseas assets with misappropriated national funds. The insinuation of racism and imperialism “is a very cynical manipulation,” said Mr. Bourdon, who has also written a book about the court. | “The reason why it has been focused on Africa is because in Africa, there have been more of the most massive crimes,” said William Bourdon, a French lawyer involved in cases being pursued against African leaders over purchases of luxurious overseas assets with misappropriated national funds. The insinuation of racism and imperialism “is a very cynical manipulation,” said Mr. Bourdon, who has also written a book about the court. |
| Others, however, note that many thousands of people have been killed in the Middle East by leaders in Syria, Yemen and elsewhere in the bloody aftermath of the Arab Spring, and the court has largely sat on the sidelines. Critics say this inaction underscores an imbalanced international order in which prosecution has been limited to African outcasts and leaders with few powerful patrons. | Others, however, note that many thousands of people have been killed in the Middle East by leaders in Syria, Yemen and elsewhere in the bloody aftermath of the Arab Spring, and the court has largely sat on the sidelines. Critics say this inaction underscores an imbalanced international order in which prosecution has been limited to African outcasts and leaders with few powerful patrons. |
| Leaders in some non-African countries, including Lebanon and the former Yugoslavia, have been prosecuted through separate, one-off tribunals set up in response to specific conflicts. | Leaders in some non-African countries, including Lebanon and the former Yugoslavia, have been prosecuted through separate, one-off tribunals set up in response to specific conflicts. |
| The pushback against the International Criminal Court has gained ground recently. An assembly of states controlling the court decided last week that high-level defendants with important state duties would be allowed to testify by video or skip some court sessions entirely. Human rights groups said the assembly had bowed to pressure from the African Union and, in particular, Kenya, whose leaders face crimes against humanity charges. The groups warned that the new rules risked fostering a two-tiered system of justice, with one tier for defendants who are allowed to testify by video and another for those who are not. | The pushback against the International Criminal Court has gained ground recently. An assembly of states controlling the court decided last week that high-level defendants with important state duties would be allowed to testify by video or skip some court sessions entirely. Human rights groups said the assembly had bowed to pressure from the African Union and, in particular, Kenya, whose leaders face crimes against humanity charges. The groups warned that the new rules risked fostering a two-tiered system of justice, with one tier for defendants who are allowed to testify by video and another for those who are not. |
| “It is unfortunate that the member states backed a political compromise to the detriment of the rights and interests of the victims,” Pauline Vega, vice president of the International Federation for Human Rights, said in a statement this week. | “It is unfortunate that the member states backed a political compromise to the detriment of the rights and interests of the victims,” Pauline Vega, vice president of the International Federation for Human Rights, said in a statement this week. |
| In November, the United Nations Security Council rejected an attempt backed by the African Union to delay the trials of Mr. Kenyatta and his deputy, William Ruto, for a year. They are accused of helping to orchestrate some of the violence that led to the deaths of more than 1,000 people after the disputed elections of 2007. At the African Union meeting in October, leaders declared that sitting heads of state should not be prosecuted for crimes committed in office. | In November, the United Nations Security Council rejected an attempt backed by the African Union to delay the trials of Mr. Kenyatta and his deputy, William Ruto, for a year. They are accused of helping to orchestrate some of the violence that led to the deaths of more than 1,000 people after the disputed elections of 2007. At the African Union meeting in October, leaders declared that sitting heads of state should not be prosecuted for crimes committed in office. |
| That proposal, though unlikely to be enacted, would eviscerate the court. | That proposal, though unlikely to be enacted, would eviscerate the court. |
| In the spring of 2011, for example, the Ivory Coast strongman Laurent Gbagbo was mowing down his own citizens in a desperate bid to stay in power. Now, Mr. Gbagbo sits in jail in The Hague, awaiting trial at the International Criminal Court. | In the spring of 2011, for example, the Ivory Coast strongman Laurent Gbagbo was mowing down his own citizens in a desperate bid to stay in power. Now, Mr. Gbagbo sits in jail in The Hague, awaiting trial at the International Criminal Court. |