Monday, December 16, 2013

African Presidents who have been Indicted by the ICC

Africans Presidents are on the warpath. The International Criminal Court is accused of targeting only Africans. The Netherlands based Court has only indicted Africans. On 12 October 2013, a resolution was passed by the African Union (AU) that no sitting African Head of State should be tried by the court while in office. AU, in the meeting called to discuss the relationship between Africa and ICC, asked the Court to postpone the trial of Kenyan President Uhuru Kenyatta. Kenyan Deputy President William Ruto is also indicted by ICC. If the request is declined by the Court then Uhuru has the option of not attend the proceedings. The African leaders did not however give prominence On the plight of the post-election victims. The question remains: will the post elections victims in Kenya ever get justice? Here are Africans leaders who have been indicted by the ICC.
Uhuru Muigai Kenyatta
Indicted: 8 March 2011
The 4th President of the Republic of Kenya, Uhuru Muigai Kenyatta, is the second sitting head of state to be indicted by the ICC after Omar Al-Basir.  According to the ICC website, Mr Kenyatta is allegedly criminally responsible as an indirect co-perpetrator pursuant to article 25(3)(a) of the Rome Statute for the crimes against humanity of: murder (article 7(l)(a)); deportation or forcible transfer (article 7(l)(d) ;  rape (article 7(l)(g));  persecution (articles 7(l)(h)); and other inhumane acts (article 7(l)(k)). Mr. Uhuru, who was then a Mwai Kibaki presidential bid, is accused of being the planning, coordinating and financier during post elections violence against the supporters of the rival Orange Democratic Movement party that occurred in 27 December 2007 to 29 February 2008. The incumbent president is alleged to have the overall control of the dreaded Mungiki sect that perpetrated acts of murders, deportations, sexual violence including rape, persecutions in Nakuru, Naivasha, Kibera and Kisumu. The prosecution has an uphill task after some of the witnesses who were to testify against Uhuru have since withdrawn further weakening the case against the president. Mohammed Ali and Francis Muthaura who were charged alongside Uhuru Kenyatta cases have been dismissed by the Pre-Trial Chamber II on 23 January 2012.
Laurent Gbagbo
Indicted: 23 November 2011
Laurent Gbagbo is accused of coordinating the National Security Forces, National Armed Forces, Militias and mercenaries on acts of murder, rape and persecutions on perceived supporters of his opponent Allasane Outtara in the 2010 presidential elections. The then president of Côte d'Ivoire was deposed from power by loyalist of Outtara with the help of the France army and detained on 11 April 2011 in the presidential residence. Confirmation of charges against Gbagbo took place 19 to 28 February 2013 in the ICC Pre-Trial Chamber. Supporters of Gbagbo accuse Outtara, the incumbent president, of being the behind the murders. The wife of Laurent Gbagbo, Simone Gbagbo is also indicted on four counts of crimes against humanity. 
Omar al-Bashir
Indicted: 4 March 2009
He is the first sitting head of state to be indicted by the ICC on two counts of war crimes and five counts of crimes against humanity regarding the situation in Darfur, Sudan on 4 March 2009. Additional three charges of genocide were preferred against Omar al-Bashir on 12 July 2003. It is alleged that the Northern Sudan head of state used state apparatus to unleash terror to Fur, Masalit and Zaghawa populace that were seen to be leaning towards the rebels. Al-Bashir is accused of ordering the military, police and the dreaded Janjaweed forces to rape, exterminate, forcible displacement, and torturing of innocent civilians. The ICC has issues two arrest warrants for North Sudan president. During the special AU summit that was convened on the request of Kenya, North Sudan was one of the African countries that called for the mass withdrawal of member states from the Rome Statute. His movements have been curtailed although he has been able to travel to countries like Kenya, Chad, Djibouti and Malawi that are signatories to the Rome Statute without being arrested.
Muammar Gaddafi
Indicted: 27 June 2011
Muammar Gaddafi reign in power was destabilized with a popular revolution akin to that in Tunisia and Egypt. The then leader of Libya responded by unleashing terror on Civilians to suppress the popular uprising using the Revolutionary Guard, National police, Libyan Armed Forces and other state apparatus.  An all-out civil war broke out in Libya and hundreds lost their lives in Misrata, Derna, Benghazi, Bayda, Ajdabiya and Tripoli cities. His case was terminated by the Court on 22 November 2011. Muammar Gaddafi was brutally murdered on 30 October 2011 in the Libyan city of Sirte with rebel fighters.

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