By Tyler Campbell

Impunity Watch Reporter, Africa

 

PRETORIA, South Africa – Today the South African majority party, the African National Congress (ANC), has expressed plans to leave the International Criminal Court (ICC). This move is being spurred on by the criticism South Africa has faced from the court when it ignored ICC orders to arrest Sudanese president, Omar al-Bashi, when he visited there in June.

In June president al-Bashi visited South Africa to be at the 25th African Union Summit. At the time there was heated debate within South Africa over whether or not to arrest him. On one side, groups claimed that the South African government was in contempt of the ICC and of local courts for not acting on an arrest warrant for al-Bashi. From the passage of the Rome statute into South African domestic law, compliance with the ICC’s arrest warrant should have been mandatory. The majority ANC party defended its decision not to act by claiming al-Bashi had diplomatic immunity. They did not arrest him because he was attending the AU summit as a guest of the AU and was not on a state visit to South Africa. It is notable that this type of diplomatic immunity is given to heads of state that attend UN meetings with similar warrants.

 

Even at this earlier point in time the ANC was already discussing the idea of leaving the ICC. ANC Secretary General Gwede Mantashe had been vocal in expressing his frustration with the ICC. “It is a tool in the hands of the powerful to destroy the weak and it is a court that is focusing on Africa, Eastern Europe and Middle East,” he said.

 

This line of thinking must have festered until today when the ANC made their intentions official by announcing it in National General Council meeting. Now the South African Parliament must debate whether or not to actually leave the ICC. If the ANC votes along party lines it is likely that any motion will pass since they hold a 60% majority in parliament.

 

Even though nothing is set in stone South Africa has already begun to protect itself from any scrutiny, should they leave the ICC. They have downplayed the importance and usefulness of the ICC. “The principles that led us to be members remain valid and relevant… however the ICC has lost its direction unfortunately, and is no longer pursuing that principle of an instrument that is fair for everybody,” said Obed Bapela, the ANC’s international relations subcommittee chair.

 

 

For more information, please see:

 

The Guardian – ANC plans to withdraw South Africa from international criminal court – 11 Oct. 2015

News 24 – ANC wants SA to withdraw from ICC – 11 Oct. 2015

Deutsche Welle – South Africa’s ruling ANC plans to leave International Criminal Court – 11 Oct. 2015

Deutsche Welle – South African government under fire over al-Bashir – 26 June 2015

By Tyler Campbell

Impunity Watch Reporter, Africa

 

THE HAGUE, Netherlands – This September the International Criminal Court faced its first suspect charged with deliberately destroying religious or historical monuments. The suspect’s name is Ahmad Al Faqi Al Mahdi and he is charged in connection with the destruction of historic monuments in Timbuktu. This destruction took place in 2012 when Islamist Tuareg rebels took over the city and destroyed 14 of cities 16 historic mausoleums. These mausoleums had been labeled and protected as parts of a UNESCO World Heritage Site.

The ICC’s accusation against Mahdi reads that he committed a “direct attack against buildings dedicated to religion, education, art, science or charitable purposes, and historic monuments.” This charge has been grouped under the larger umbrella of war crimes. The ICC issued a warrant for Mahdi since he is considers a war criminal for these acts. The case was transferred from the Niger court, by the prosecuting attorney Fatou Bensouda, to the ICC after it issued a warrant on September 18.

 

Judge Cuno Tarfusser heard Mahdi’s opening statements and set the date for the first formal hearing on January 18, 2016. During this hearing Mahdi gave some basic information about himself saying, “My name is Ahmad Al Faqi Al Mahdi, and I am from the Tuareg tribe… I was born about 40 years ago. I am a graduated of the teacher’s institute in Timbuktu and I was a civil servant in the education department… beginning in 2011.” He also asked to be spoken to in Arabic but declined further statements until he consulted his lawyers.

 

Prosecution at the ICC has alleged that Mahadi was at the head of the Hesbah during the Islamist Tuareg rebels control of Timbuktu in 2012 through 2013. The Hesbah acted as a sort of morality police, enforcing the Islamic religion, during this time period and lead the attack on 10 of the protected historical monuments. The Hesbah targeted these buildings because they were seen as symbols of idolatry to the Islamic faith.

 

The leader of the UN Educational, Scientific and Cultural Organization (UNESCO), Irina Bokova, applauded the decision by the Niger prosecution to transfer this case to the ICC. The direct attack by the Tuareg rebels was seen as a crime against not only the people of Timbuktu but also the world. “The cultural heritage of Mali belongs to all humanity,” she said in a statement given after the transfer. Since the attack, UNESCO has been busy helping the people of Timbuktu rebuild the 14 mausoleums that were destroyed during the occupation. The buildings can be rebuilt, but the thousands of ancient manuscripts that were burnt during the occupation, sadly, are lost forever.

 

 

 

 

For more information, please see:

BBC – Timbuktu mausoleum destruction suspect appears at ICC – 30 September 2015

Deutsche Welle – Islamist leader faces ICC over Timbuktu mausoleum destruction – 30 September 2015

AP – Suspect in destruction of Timbuktu mausoleums sent to ICC – 26 September 2015

All Africa – UN Hails War Crimes Trial for Suspect in Destruction of Historic Monuments – 26 September 2015

By Tyler Campbell

Impunity Watch Reporter, Africa

 

ABUJA, Nigeria – The Nigerian state of Borno is caught in the middle of a violent struggle between the new Nigerian president Muhammadu Buhari and a militant Islamist group, Boko Haram. The latest acts of violence happened on October 1, when a number of explosions ripped through the city of Maiduguri, the capitol of Borno. This latest attack is believed to have taken 14 lives.

The fight between Boko Haram and the Nigerian establishment has been raging for quite some time. It recently intensified when the new Nigerian president Buhari took office. Before he has elected Buhari published a list of a 100 promises to the Nigerian people. One of these promises was that he would eliminate rebel and terrorist groups like Boko Haram. These types of groups have long plagued Nigeria. Buhari’s war against them was a main selling point that helped him take Nigerian presidency.

 

Since Buhari took office there have been multiple attacks throughout Nigeria and spilling into Chad, Cameroon, and Niger. On August 12 a bomb went off in Sabon Gari, a southern Borno city, which killed 28 and injured 79. More recently was the blast that happened on the first of October in the capitol of Borno. (Described above) This attack left 14 dead and 39 others injured. Four of the dead were believed to be the suicide bombers. Yesterday, two bombs went off near Abuja, the capitol of Nigeria. This attack took the lives of 21. All three of these attacks were claimed by Boko Haram. These three attacks, with multiple others, put the death toll from Boko haram related deaths at 1,260 since Buhari took office in May.

 

Even with all the casualties Buhari has not relented on his stance of eliminating terrorist organizations in Nigeria. He has even given his military commanders a deadline of November to achieve his goal, which seems unlikely to be met at this time.

 

The fight against Boko Haram has not been all negative. The same day as bombs went off in Borno the Nigerian army announced that 80 Boko Haram militants had surrendered. The captured 80 consisted of commanders tp to food suppliers but included no big names in the Boko Haram organization. Surrender has been held out as the only option for these terrorist organizations by the Nigerian army. It is this or face “total annihilation” a statement from the army said. “Achievement of total peace is a must.”

 

 

 

For more information, please see:

 

All Africa ­– Maiduguri Bomb Blast – 14 Killed By Four Suicide Bombers – 2 October 2015

The Guardian – Boko Haram suspected after Nigerian capital Abuja hit by bomb blasts – 2 October 2015

The Guardian – Explosions hit Nigerian city in suspected Boko Haram suicide attacks – 1 October 2015

BBC – Nigeria market blast ‘kills 28 in Borno’ – 12 August 2015

By Tyler Campbell

Impunity Watch Reporter, Africa

 

CAIRO, Egypt – Today Egyptian President, Abdel Fatah al-Sisi officially pardoned two of the three Al Jazeeran journalists who were jailed earlier this year, Mohamed Fahmy and Baher Mohamed. These three journalists were jailed on charges of airing false news against the state. They were heavily, and possibly illegitimately prosecuted, because of their alleged connection to the Muslim Brotherhood, an outlawed political group in Egypt. If the third journalist, Peter Greste, was pardoned is unclear at this time.

This whole situation started two years ago when the trio was sentenced to three years in jail for aiding a terrorist organization, the Muslim Brotherhood. This sentence was later overturned and a new sentence was handed down by Egypt’s high court. These sentences were met with loud international outcry from governments and human rights groups. Egypt, which had committed itself to democracy and free speech, seemed to be going back on its promise.

 

This criticism did seem to have had some impact on president Abdel Fatah al-Sisi’s decision. The decision to pardon these two journalists along with a 100 other prisoners coming days before a U.N. General Assembly meeting is likely more than a coincidence.

 

Most of these prisoners were arrested because they violated a questionable Egyptian law that had outlawed unsanctioned demonstrations. This type of law is a serious check on any real claim to free speech Egypt could make. The consequence of this law and its strict enforcement had all but ended demonstrations in Cairo against new government leadership.

 

It was a day of joy for the two men but not all is forgiven against Egypt. Greste, the unpardoned journalist living in Australia called it “absolutely extraordinary news,” but called for the undoing of injustice done to him and other prisoners by Egypt.

 

Al Jazeere, the employer of the two journalists, also had some pointed words about the occasion. Mostefa Souag, the network’s general director said, “It is hard to celebrate though, as this whole episode should not have happened in the first place. They’ve lost nearly two years of their lives when they were guilty of nothing except journalism.”

 

Such criticism is fair, especially if you believe that the move by president Sisi was motivated by politics and not by intent to change Egypt’s political climate. This action so close to a U.N. General Assembly meeting could simply be a political bargaining chip. It could also signal some real change finally coming from Egyptian leadership.

 

The release of these 100 prisoners should be seen as a step in the right direction. However, much still remains to be done. There are still many more who have been jailed for voicing criticism or backing the wrong political party. The 2013 law that outlawed unsanctioned demonstrations is also still in play. If Egypt really wanted to shows its commitment to change, releasing more political prisoners and repealing this law would be a smart place to start.

 

For more information, please see:

 

Al Jazeera – Al Jazeera journalists freed from Egypt prison – 23 September 2015

U.S. News – Egypt’s president pardons 2 Al-Jazeera journalists ahead of visit to United Nations – 23 September 2015

ABC News – Al Jazeera retrial: Egypt pardons journalists Mohamed Fahmy, Baher Mohamed – 23 September 2015

The Guardian – Egypt pardons and releases jailed Al-Jazeera journalists – 23 September 2015