Africa

The Extraordinary AU Summit on the ICC

By: Danielle L. Gwozdz
Impunity Watch News Reporter, Africa

ADDIS ABABA, Ethiopia– The African Union (AU) will convene an Extraordinary Summit on Implementation of International Jurisdiction, Justice and International Criminal Court (ICC).  This is a follow-up to the AU’s Summit in May where it criticized the ICC for “witch-hunting African leaders.”

President Mugabe chats to VP Mujuru at the Harare International Airport before his departure for Ethiopia (photo courtesy of The Herald)

A possible collective pull-out of the 34 African countries that ratified the Rome statute – the ICC founding charter – will likely emerge among the most contentious points of debate.  Zimbabwe is not party to the treaty on the strength of its deep-rooted belief in domestic legal systems.

The AU has decided to set up a contact group of the Executive Council to undertake consultations with the members of the United Nations Security Council (UNSC), in particular, its five permanent members, with a view to engaging with the UNSC on all concerns of the AU on its relationship with the ICC, including the deferral of the Kenyan and Sudanese cases, in order to obtain their feedback.

Some 130 African and international civil society organizations on Monday wrote a letter to African Foreign Affairs ministers, already gathered in the Ethiopian capital, urging them to restate their support to the international court in conformity with the African states’ commitment to protect and promote human rights and end impunity.

The AU has been consistent in its critical stance against the ICC since 2009, when the world court issued a warrant of arrest against Sudanese President Omar Al Bashir.

At the 2009 Summit held in Sirte Libya that year, the Assembly of Heads of State issued a Joint Declaration stating that AU member states will ignore the ICC arrest warrant and will not take any measures to transfer Bashir to The Hague.

When Bashir subsequently visited Kenya, Malawi, Chad, Ethiopia, and Nigeria he was not arrested. The AU has repeatedly reaffirmed its stance against the ICC.

After reaffirming principles deriving from national law and international customary law, by which sitting heads of state and government and other senior state officials are granted immunities during their tenure of office, the Assembly decided that “No charges shall be commenced or continued before any international court or tribunal against any serving head of state or Government or anybody acting in such capacity during his/her term of office.”

Further, the Assembly stated that “To safeguard the constitutional order, stability, and integrity of member states, no serving AU Head of State or Government or anybody acting or entitled to act in such a capacity, shall be required to appear before any international court or tribunal during their term of office.”

ICC stakeholders fear that the Extraordinary Summit will result in an en masse Africa walk out from the ICC, a threat to the future of the Court given that with 34 ratifications, Africa is the largest regional block.

There are various efforts from civil societies, the Assembly of State Parties to the ICC (ASP), the United Nations, to discourage a possible Africa withdrawal.

There is legitimate concern that Africa appears to be a target of the world’s first permanent criminal court. Withdrawing from the ICC though is not the solution because this imbalance is not the doing of the ICC. The Court’s judicial processes have been fair, impartial, and transparent.

For further information, please visit:

Africa Legal Aid – Much Ado About the Extraordinary AU Summit on the ICC – 11 October 2013
The Herald – President leaves for AU Extraordinary Summit – 11 October 2013
News Afrique Informations – African Union’s extraordinary summit Ethiopia – 11 October 2013
African Union – Extraordinary Session of the Assembly of the African Union, Addis Ababa, Ethiopia – 11 October 2013
BBC News – African Union urges ICC to defer Uhuru Kenyatta case – 12 October 2013
Yahoo! UK and Ireland – AU calls for halt to ICC cases against Kenyan and Sudanese leaders – 12 October 2013

UN Security Council Calls for Peacekeeping Force in CAR

By Erica Smith
Impunity Watch Report, Africa

WASHINGTON D.C., United States of America — On Thursday, The Security Council unanimously adopted a resolution urging the UN to establish a peacekeeping operation in Central African Republic (CAR).

Seleka Rebels (photo courtesy of The Telegraph)

The resolution calls on U.N. Secretary-General Ban Ki-moon to submit a report within 30 days that would outline possible international support to the African Union lead peacekeeping mission known as MISCA. The resolution requires that Ban’s report contain “detailed options for international support to MISCA, including the possible option of a transformation of MISCA into a United Nations peacekeeping operation, subject to appropriate conditions on the ground.”

The 15-member Council also called for “the holding of free, fair and transparent presidential and legislative elections” to be held within 18 months after the beginning of the transition period which took effect on the 18 August. The council noted in it’s resolution that  there are widespread “violations of international humanitarian law and the widespread human rights violations and abuses, notably by Seleka elements,” and demanded “that the Seleka elements and all other armed groups lay down their arms immediately.”

CAR has fallen into widespread lawlessness since the March ouster of President Francois Bozize by the Seleka rebels. Human rights groups have noted widespread looting and killing of civilians. 30 people were killed Tuesday when armed men attacked a village and Human Rights Watch has described what it says is Seleka’s deliberate killing of civilians between March and June of this year and its deliberate destruction of more than 1,000 homes.

Laurent Fabius, France’s foreign minister, warned that the Central African Republic could become a new Somalia unless immediate action is taken.

UN officials say that the crisis in CAR has failed to generate much international interest because it has  been largely overshadowed by other conflicts, especially the civil war in Syria.

For more information, please see:

Chicago Tribune — U.N. Security Council asks for Central African peacekeeping options — 10 October 2013

Financial Times — UN backs peace plan for African nation — 10 October 2013

UN News Centre — Central African Republic: Security Council reinforces UN office, backs African Union peacekeeping role — 10 October 2013

Voice of America — UN Calls for Peacekeeping Force in CAR — 10 October 2013

The Wichita Eagle — UN tackles collapsing Central African Republic — 10 October 2013

BBC News — Central African Republic violence leaves 30 dead — 8 October 2013

 

30 Dead Due to Violence in Central African Republic

By: Danielle L. Gwozdz
Impunity Watch News Reporter, Africa

BANGUI, Central African Republic – At least 30 people died and dozens wounded in clashes in the Central African Republic (“CAR”), officials say.

A truck with former Seleka coalition rebels drives by in Bangui on October 7, 2013 (photo courtesy of AFP)

The clashes were between armed civilians and the rebels who control CAR. They left those dead in a remote village in the country’s northwest.

The rebels were ex-rebels of the Seleka coalition and the armed civilians were local self-defense groups.

“Fierce fighting has claimed at least 30 lives . . . but the clashes were still going on as of mid-morning,” a security source close to the military high command in Bangui told AFP.

The fighting broke out on Monday and continued into Tuesday.

Reports say vigilantes attacked Garga village, 125 miles northwest of the capital, Bangui.

Waves of attacks on villages in Ouham province have forced more than 170,000 people to flee their homes, according to the U.N. Humanitarian Agency. Although it was not immediately possible to independently corroborate the military’s death toll of 30 people; however, witnesses claimed that twice this amount of people actually died.

The self-defense groups began attacking the village on Monday, the security source said, leaving three dead and a dozen injured. They were then beaten back by rebels who were the ones that distributed the weapons to the local population.

Seleka was disbanded in name but continues to operate as a pro-militia in the region.

The Agence France-Presse news agency quoted an official saying the village had been “emptied of its residents.”

Many had sought refuge in nearby bush land, it further said.

“A witness described having seen at least 40 people killed by the Seleka fighters who had begun searching for the men in town,” a Roman Catholic priest who works in the country’s northwest said, pointing out that the casualty figures did not include Seleka personnel.

The Seleka forces involved in the violence included fighters from neighboring Sudan, local residents were quoted by the AP news agency as saying.

CAR was one of the poorest and most unstable countries on the continent even before thousands of armed rebels descended on the capital in March and forced the president of a decade into exile.

In the months since, they have seized power, the country has devolved into a state of near-anarchy, and human rights groups have accused the rebel fighters of scores of atrocities, including committing massacres against civilians.

For more information, please visit:

BBC News – Central African Republic violence leaves 30 dead – 8 October 2013
Miami Herald – Army: Central African Republic clashes kill 23 – 8 October 2013
Yahoo! News – Central Africa clashes ‘leave 30 dead’ – 8 October 2013
News UK 24 – Central African Republic violence leaves 30 dead – 8 October 2013
DailyMe – BBC News – Central African Republic violence leaves 30 dead 8 October 2013

U.S. Military Launch Attack Against Al-Shabaab in Somalia

By Erica Smith
Impunity Watch Reporter, Africa

MOGADISHU, Somalia — U.S Navy SEALs led an early morning raid Saturday against an Al-Shabaab target in the sea side town of Barawe.  Navy SEAL Team Six swam ashore near the town in southern Somalia before members of the Al-Qaeda linked group rose for dawn prayers, U.S. and Somali officials told The Associated Press.

Al-Shabaab Militants (photo courtesy of The New York Times)

U.S. officials are reporting that there were no U.S. causalities but that the mission was not successful and was aborted. A specific Al-Qaeda suspect related to the Nairobi mall attack was the target of the raid  but was not apprehended U.S. military officials told AP.  The target is believed to have been Mukhtar Abu Zubeyr, also known as Ahmed Godane, who claimed responsibility for the Nairobi shopping mall attack that killed at least 67 people.  SEAL Team Six encountered fiercer resistance than was expected and after a 15 to 20 minute firefight, it was decided to abort the mission and the team swam away. SEAL Team Six has responsibility for counter terrorism activities in the Horn of Africa.

It is believed that most of the members of Al-Shabaab living in the two story beach house were foreign fighters from counties including the U.S. and Britain.

A resident of Barawe told CBS News by telephone that heavy gunfire woke up residents before dawn prayers. Another resident of Barawe, Mohamed Bile, told The AP that  militants closed down the town in the hours after the assault, and that traffic and movements have been restricted. Al-Shabaab members carried out house-to-house searches, most likely to find evidence of a spy.

“We woke up to find al-Shabab fighters had sealed off the area and their hospital is also inaccessible,” Bile said. “The town is in a tense mood.”

US Secretary of State John Kerry stated in a press conference from Bali that the raid showed terrorists that “can run but they can’t hide”.

For more information, please see the following:

All Africa — East Africa: Terrorists ‘Can Run but They Can’t Hide’ – Kerry — 6 October 2013

CBS News — Navy SEALs go after al-Shabab senior leader in Somalia — 6 October 2013

Sky News — Al Shabaab: US Forces Abort Somalia Terror Raid — 6 October 2013

USA Today — U.S. forces strike targets in Libya, Somalia — 6 October 2013

CNN — Al-Shabaab grew amid Somalia’s lawlessness — 5 October 2013

 

 

Libyan Gunmen Kill 15 Soldiers

By: Danielle L. Gwozdz
Impunity Watch News Reporter, Africa

TRIPOLI, Libya – Gunmen have attacked a military checkpoint south-east of the Libyan capital Tripoli, killing 15 soldiers and wounding five.

The central government has struggled to control militia groups (photo courtesy of AFP)

Two years after Gaddafi was overthrown and killed, the north African country’s fragile central government is struggling to control rival militias competing for influence in the aftermath of the conflict.

A military official said the attack was near Bani Walid, a stronghold in 2011 of supporters of Gadaffi.

“The ambush happened on the road between Bani Walid and the town of Tarhouna, where the army had a checkpoint. They came under heavy gunfire. Between 12 and 15 soldiers were killed,” said Ali Sheikhi, a spokesman for the army joint chief of staff.

It is not clear who carried out the attack, but the government has struggled to control armed groups.

Clan and tribal rivalries, as well as Islamist groups, have flourished in the absence of strong central government and Libya’s armed forces cannot fully maintain order.

Four of the wounded soldiers are in serious condition and the bodies of the 15 soldiers killed were being kept in the hospital in Tarhouna, where the five wounded were also taken, according to Lana, the state-run news agency.

The main road to Bani Walid was closed while the incident was being investigated. It was the single largest known killing of military personnel since the 2011 civil war.

The new Libyan authorities have sought to impose law and order in the country, but violence has been rampant, particularly in Benghazi, which has been the center of opposition to Gaddafi’s rule.

In June, six soldiers from an elite special forces unit were shot dead in the eastern city of Benghazi by masked gunmen. At this same time, another six soldiers were killed at a checkpoint south of Sirte.

The lack of security in Libya has also been highlighted this year by clashes in Benghazi as protestors demanded the disbandment of militias.

The army is seen as out-manned and out-gunned by a mix of armed groups seemingly pursuing different agendas, says the BBC’s Rana Jawad in Tripoli.

For further information, please visit:

BBC News – Libyan gunmen kill 15 soldiers – 5 October 2013
The Frontier Post – Libyan gunmen kill 15 troops6 October 2013
Fox News Latino – 15 Soldiers killed in attack on military checkpoint in Libya – 5 October 2013
iol News – Gunmen kill 12 Libyan soldiers – 5 October 2013
Reuters – Libyan checkpoint ambush kills at least 12 soldiers – 5 October 2013
The Jerusalem Post – Gunmen ambush soldiers at Libyan checkpoint, kill at least 12 – 5 October 2013