Africa and the International Court

By KOFI ANNAN

Eleven years ago when I opened the Rome conference that led to the founding of the International Criminal Court, I reminded the delegates that the eyes of the victims of past crimes and the potential victims of future ones were fixed firmly upon them. The delegates, many of whom were African, acted on that unique opportunity and created an institution to strengthen justice and the rule of law.

Now that important legacy rests once more in the hands of African leaders as they meet in Libya on Wednesday. The African Union summit meeting will be the first since the I.C.C. issued an arrest warrant for Sudan’s president, Omar Hassan al-Bashir, on charges of crimes against humanity and war crimes for his alleged role in the atrocities in Darfur.

The African Union’s repeatedly stated commitment to battle impunity will be put to the test. On the agenda is an initiative by a few states to denounce and undermine the international court. In recent months, some African leaders have expressed the view that international justice as represented by the I.C.C. is an imposition, if not a plot, by the industrialized West.

In my view, this outcry against justice demeans the yearning for human dignity that resides in every African heart. It also represents a step backward in the battle against impunity.

Over the course of my 10 years as United Nations secretary general, the promise of justice and its potential as a deterrent came closer to reality. The atrocities committed in Rwanda and the former Yugoslavia moved the Security Council to set up two ad hoc tribunals, building on the principles of post-World War II courts in Nuremberg and Tokyo.

These new tribunals showed that there is such a thing as effective international justice.
But these ad hoc tribunals were not enough. People the world over wanted to know that wherever and whenever the worst atrocities were committed — genocide, war crimes or crimes against humanity — there would be a court to bring to justice anyone in a government hierarchy or military chain of command who was responsible. That principle would be applied without exception, whether to the lowliest soldier or the loftiest ruler.

Thus the International Criminal Court was formed. It now has 108 states, including 30 African countries, representing the largest regional bloc among the member states. Five of the court’s 18 judges are African. The I.C.C. reflects the demand of people everywhere for a court that can punish these serious crimes and deter others from committing them.

The African opponents of the international court argue that it is fixated on Africa because its four cases so far all concern alleged crimes against African victims.

One must begin by asking why African leaders shouldn’t celebrate this focus on African victims. Do these leaders really want to side with the alleged perpetrators of mass atrocities rather than their victims? Is the court’s failure to date to answer the calls of victims outside of Africa really a reason to leave the calls of African victims unheeded?

Moreover, in three of these cases, it was the government itself that called for I.C.C. intervention — the Democratic Republic of Congo, the Central African Republic and Uganda. The fourth case, that of Darfur, was selected not by the international court but forwarded by the U.N. Security Council.

It’s also important to remember that the I.C.C., as a court of last resort, acts only when national justice systems are unwilling or unable to do so. There will be less need for it to protect African victims only when African governments themselves improve their record of bringing to justice those responsible for mass atrocities.

The I.C.C. represents hope for victims of atrocities and sends a message that no one is above the law. That hope and message will be undermined if the African Union condemns the court because it has charged an African head of state. The African Union should not abandon its promise to fight impunity. Unless indicted war criminals are held to account, regardless of their rank, others tempted to emulate them will not be deterred, and African people will suffer.

We have little hope of preventing the worst crimes known to mankind, or reassuring those who live in fear of their recurrence, if African leaders stop supporting justice for the most heinous crimes just because one of their own stands accused.


Kofi Annan served as secretary general of the United Nations from 1997-2006 and is now president of the Kofi Annan Foundation.

The Future of the State of Africa

By Kofi Annan, Graca Machel and Michel Camdessus
Members of the Africa Progress Panel

For the 2009 Africa Progress Panel Annual Report, click here.

Africa's potential is often overlooked. Yet the continent abounds in untapped natural and human resources. The United Nations, for example, estimates that there are over 800 million hectares of unused, cultivable land that could provide the basis for a green revolution in food production -- land which could be used to tackle food shortages in Africa and in other continents.

The remarkable progress that Africa has made in the past decade is also not widely recognized. Across the continent there are numerous success stories. We have seen the spread of free and fair elections, an increase in school enrollment rates and determined efforts to combat malaria. The boom in mobile phones has transformed communication and helped business.

The tragedy is that when millions of Africans believed their countries and continent were finally on the right track, their hopes are being dashed by problems whose roots lie elsewhere. While the global crisis and climate change are creations of the North, it is Africa which is worst affected and least able to cope. The social and political consequences are profound.

Yesterday, the Africa Progress Panel, on which we sit, launched its 2009 State of Africa report in Cape Town. We recognize that the roots of the development crisis often begin outside Africa. But the reality is that the main responsibility for tackling the challenges Africa faces lies with its own leaders.

This does not mean that the rest of the world can walk away. Africa's international partners have a critical part to play in supporting the continent's progress, and share responsibility for tackling imported problems. They also have an interest to do so: social tension and political instability in Africa have clear international costs and consequences.

At a time when other financial flows are dropping, G8 and donor countries have an even greater responsibility to honor their international aid commitments and to ensure that global deals, whether on trade, climate change, intellectual property, illicit drugs, crime or migration, are supportive of Africa's development needs. Aid, effectively used, can leverage other financial flows, strengthen capacities and meet urgent social and humanitarian needs.

But without bold, focused and sustained leadership from African Governments, outside assistance won't safeguard the continent's people or protect the progress already made.

Big problems create the opportunity for big thinking. Africa's leaders, who have already shown what can be achieved, now need to redouble their efforts to guide their continent through these challenges.

They also need the active participation of their citizens. Accountability of leadership is paramount. Holding those in authority to account is a tradition and practice that has long roots in Africa's culture. But in many parts of the continent, it is frayed. There are too many instances of corruption, growing inequality in wealth and opportunity, and the abuse of power.

Alongside determined and accountable leadership at the national level, a strong, united position on the global stage is vital. A forcefully negotiated common African position on climate change, for example, is needed for Copenhagen Summit. We have already seen how effective unity can be. The meeting of African leaders in London ahead of the G20 Summit ensured the needs of the developing world were not forgotten. It played a major role in the G20s funding pledges, including the $100 billion for international development banks to lend to the poorest countries.

Clear-sighted African leadership, supported by effective international partnership, can turn the challenges Africa is facing into an opportunity. The APP believes that Africa can take the lead in pioneering a new, low-carbon development model. The take off of the mobile phone in Africa ended the need for an expensive network of landlines to be put in place. In the same way, the continent can make use of its vast solar, hydro, wind, thermal and biomass resources to drive forward its renewable energy sector, leapfrogging the outdated, fossil fuel based system.

The scope for investment in Africa's infrastructure, agriculture and communications are vast. So are the benefits it could bring. The spread of financial services to the poor has shown the potential for innovative investments. A drive for investment in these sectors will not only create jobs and increased trade in Africa, but also create markets for developed countries in these difficult times.

Africa is enormously rich in potential. Amidst the gloom, there is an opportunity to be seized. If we have the courage and vision to rise to the challenge, it will benefit the 900 million people who live on the continent and create a valuable growth platform for the global economy.

African Civil Society Groups Demand More From Governments and African Union on ICC

The original posting of this article can be read here.


As a two-day meeting between the 30 original African signatory countries to the ICC draws to a close, the peace-versus-justice debate continues to impact civilians and divide how advocates address and help resolve Africa's conflicts and crises.

This couldn't be any more true than in Uganda and the Democratic Republic of Congo, where peace advocates argue that if it weren't for the International Criminal Court's arrest warrants on Joseph Kony, Thomas Lubanga and Bosco Ntaganda, greater prospects for peace might exist through a viable peace process and stronger support for traditional reconciliation mechanisms. Justice proponents, however, argue that the international judicial mechanisms, absent any legal or judicial system, are necessary to enforce the laws, punish the perpetrators, and implement a peace process.

In my personal conversations with Darfuris and other Sudanese, they felt strongly that the ICC was the only body they could trust to bring justice to their lives. Lacking a viable and internationally-supported peace process for Darfur and a fledgling North-South Comprehensive Peace Agreement, many Sudanese have lost confidence in the ability of the Khartoum government to provide its citizens with any fair or legitimate legal recourse. For them, that means living peacefully, free from harm, with greater representation in government, greater access to wealth and resources, compensation for the damages incurred and punishment for the perpetrators -- including President Bashir.

Nearly 70 African civil society groups recently organized in Kampala and Cape Town to express their support for the ICC and Darfuri wishes, arguing that the Court plays a necessary role when their governments are unable or unwilling to investigate and prosecute war crimes, genocide, and other crimes against humanity. Recognizing that their governments originally were supportive of the Court's creation, they now demand that those same African countries and institutions, including the African Union, show greater support for the ICC. A number of op-eds stating these positions have been published this week by civil society representatives, including from Uganda Coalition for the International Criminal Court, as well as the Central African Republic.

Just one week after these civil society organizations gathered, nineteen African leaders met on June 8 for the COMESA Summit in Zimbabwe to discuss the economic and political future of the regional bloc. Sadly, rather than heeding their people's demands and cries for justice and legality, the group issued a statement calling for a suspension altogether of the ICC arrest warrant against Sudanese President Omar el-Bashir.

So it seems that despite the people's demands, and the fact that thirty of the original signatories to the Rome Statute were African, African leaders prefer making decisions regarding the ICC and Darfur not based on the people's wishes, but on theirs. Let's hope this week's meeting in Addis Ababa bears a more fruitful result that supports the needs of the Darfuris, Ugandans, and Congolese civilians on the ground.

Semhar Araia is an Africa analyst and consultant living in Washington, D.C.

President Obama's Historic Cairo Speech (Excerpts)

Below is an excerpt from President Obama's speech delivered in Cairo on June 4, 2009. For the full transcript of the speech, click here.

For the full video of the speech, click here.

"A New Beginning"
June 4, 2009
Cairo, Egypt

I have come here to seek a new beginning between the United States and Muslims around the world; one based upon mutual interest and mutual respect; and one based upon the truth that America and Islam are not exclusive, and need not be in competition. Instead, they overlap, and share common principles – principles of justice and progress; tolerance and the dignity of all human beings.

So long as our relationship is defined by our differences, we will empower those who sow hatred rather than peace, and who promote conflict rather than the cooperation that can help all of our people achieve justice and prosperity. This cycle of suspicion and discord must end. There must be a sustained effort to listen to each other; to learn from each other; to respect one another; and to seek common ground.

Democracy: I know there has been controversy about the promotion of democracy in recent years, and much of this controversy is connected to the war in Iraq. So let me be clear: no system of government can or should be imposed upon one nation by any other.

That does not lessen my commitment, however, to governments that reflect the will of the people. Each nation gives life to this principle in its own way, grounded in the traditions of its own people. America does not presume to know what is best for everyone, just as we would not presume to pick the outcome of a peaceful election.

But I do have an unyielding belief that all people yearn for certain things: the ability to speak your mind and have a say in how you are governed; confidence in the rule of law and the equal administration of justice; government that is transparent and doesn't steal from the people; the freedom to live as you choose.

Those are not just American ideas, they are human rights, and that is why we will support them everywhere.

Women's Rights: Our daughters can contribute just as much to society as our sons, and our common prosperity will be advanced by allowing all humanity – men and women – to reach their full potential. I do not believe that women must make the same choices as men in order to be equal, and I respect those women who choose to live their lives in traditional roles. But it should be their choice.

That is why the United States will partner with any Muslim-majority country to support expanded literacy for girls, and to help young women pursue employment through micro-financing that helps people live their dreams.

We have a responsibility to join together on behalf of the world we seek – a world where extremists no longer threaten our people, and American troops have come home; a world where Israelis and Palestinians are each secure in a state of their own, and nuclear energy is used for peaceful purposes; a world where governments serve their citizens, and the rights of all God's children are respected. Those are mutual interests. That is the world we seek. But we can only achieve it together.

Women from Darfur Know What They Want...But Will Anyone Listen?

A report was released on Sunday by Physicians for Human Rights detailing accounts of sexual violence against Darfuri refugee women. It revealed that almost half of those surveyed were raped, largely by the Janjaweed militia and villagers around the Chadian refugee camps, and continued to live in fear of further attacks.

Eighty-eight women were interviewed from the Farchana refugee camp in Eastern Chad who reported being targeted while running daily errands, such as gathering firewood or herding livestock. These are errands their husbands can no longer do for fear of being killed by armed groups, militia or the Janjaweed. The women are left with no other choice but to put their bodies in harm's way and live with the pain, horror, and stigma of being raped and brutally attacked. One by one, each woman gave their personal testimony and eyewitness accounts detailing horrifying levels of violence, intimidation and isolation they were forced to endure in Darfur and the refugee camps.

Women from Darfur bear the heaviest burden in the camps as they are forced to venture into the deadliest situations only to return home and face severe isolation and punishment. A handful of women, after being publicly beaten and tortured by authorities simply for earning a living outside of the camp, drafted a one-page document known as the Farchana Manifesto, and outlined some of their grievances. They included:

• Lack of equal treatment towards women in the camps and surrounding areas
• Little to no regard for the life and security of a woman
  
• Restrictions on freedom of movement
  
• Lack of freedom of speech and support for their opinions
• Lack of educational opportunities
• Little institutional support to address women's concerns
  

(For the full version of the Farchana Manifesto in English, click here)

When I had the chance to meet with internally displaced women in Darfur, I asked one mother why she did it, why she went out alone to run errands and if she knew what the risks were by doing so. She told me that if the men went out, they would be killed by the Janjaweed or the armed groups. But if the women left, they wouldn't be killed, they would just be raped. "Just be raped".

Time and time again, we learn far too late that the best method to end violence against women is to prevent it. Local and international organizations continue to provide critical services to Darfuri women, such as medical care, counseling, and literacy and job skills training, but it is not enough.

There must be stronger mechanisms for protecting civilians. The international community must do more to aid in the protection and rehabilitation of victims who are forced to suffer alone and in silence. Because women are more likely to be sexually attacked, it is imperative that protection measures are tailored to meet their needs.

For instance, there should more opportunities for women to earn a living near the camps, increased funding and support for protection of civilians and prevention of gender-based violence must be given to MINURCAT and UNAMID peacekeeping missions, more women peacekeepers must be trained and deployed, and the perpetrators of the attacks must be brought to justice through traditional and legal mechanisms.

Specifically:

• Women should be able to take care of their families and earn a living without having to leave far from the camp. Organizations still operating in Darfur and in Eastern Chad should invest more in women's job skills training, continue to provide alternatives to firewood, and create micro-enterprise opportunities for women to work from the camps
  
• UN Member States must provide more funding to support MINURCAT and UNAMID. Funding should go to training and capacity building for more equipment, troop training on mandate interpretation and responding to gender-based violence, and more law enforcement, health, and social sciences civilian peacekeeping personnel
  
• Similar to India's 2007 deployment to Liberia, more UN Member States should recruit, train, and deploy women peacekeepers and all-female contingents in accordance with UNSC Resolution 1325 to patrol the camps and the surrounding areas and counsel victims
• Chad should establish mobile courts and military courts to address the violations in the eastern part of the country
  
• The ICC should integrate Darfuri rape victim's demands for justice, accountability, and compensation into the court proceedings against Ahmed Haroun, Ali Kushayeb, and Sudanese President Omar el-Bashir
  

Darfuri women spoke up and are demanding that the world listen. The Farchana Manifesto is just one of many examples that show these women are not helpless or weak. They are using their own voices to tell the world what they need to live with the peace and security so many of us elsewhere take for granted. It is the responsibility of the Chadian government and the international community to prioritize their needs and provide greater support and protection before more civilians are attacked.

Semhar Araia is an Africa analyst and consultant living in Washington, D.C.