
Luis Moreno Ocampo (L) discusses human rights with NYT columnist Nicholas Kristof (R) at the CFR Symposium on International Law and Justice sponsored by the Pitt-Jolie Foundation*
Luis Almagro, the secretary-general of the Organization of American States, has appointed former International Criminal Court Prosecutor Luis Moreno Ocampo as OAS special adviser on crimes against humanity.
Ocampo, who also served as a World Bank consultant, is a controversial figure who has been described as erratic and prone to grandstanding performances that undercut his own legal efforts.
According to a statement published by the OAS, Ocampo’s tasks will include analyzing, studying and discussing the situation in Venezuela with all interested parties and, consequently, making suggestions on possible courses of action by the OAS.
Almagro said the decision was made in light of an “escalation of human rights violations in Venezuela and the systematic attack on the civilian population includes murder, imprisonment and torture … it is evident in the eyes of the international community that we are witnessing crimes against humanity. ”
Caracas has repeatedly accused Almagro and the OAS of promoting intervention and destabilization in Venezuela, which ultimately led to the Bolivarian nation leaving the regional body on the grounds that its continued presence there posed a threat to the country’s sovereignty.
“The OAS can prevent impunity in Venezuela,” Ocampo said. “The secretary-general is creating a new space within the OAS, focusing on crime prevention and control, as well as gathering information that may be useful to the OAS in conducting an independent judicial investigation”
Luis Moreno Ocampo earned much of his recognition during his time as deputy prosecutor during the case of nine members of the military junta that ruled Argentina from 1976 to 1983. However, his time as ICC prosecutor is largely seen as a failure in which the global court lost a great deal of its credibility as some impartial body, largely thanks to Ocampo’s wild moves and desire to seek the media spotlight.
Ocampo drew criticism for his role in Colombia, where in 2008 he suggested that the ICC should begin investigating the Revolutionary Armed Forces of Colombia or FARC for crimes against humanity. At the time, then-President Alvaro Uribe was busy pursuing a bloody counterinsurgency campaign against the group, utilizing paramilitary death squads and security forces whose operations led to the execution of 2,364 civilians, a figure that dwarfed the death toll resulting from FARC actions during Uribe’s reign.
In recent years, Ocampo also drew negative attention for his proceedings against sitting heads of state, a pattern that also began in 2008 when he sought a warrant for the arrest of Sudanese President Omar Bashir amid the raging conflict in Darfur. Critics claim that the evidence cited by Ocampo was a spurious mix of fact and fiction, and such an intervention while the civil war raged would only stymie the possibility of an internationally-mediated peace process.
“My time in the ICC was a mixture of a fascinating time and a terrible time,” a former staffer for the Office of the Prosecutor said at the time, according to World Affairs Journal. “The prosecutor was erratic, so irrational sometimes that you felt despair. He uses his charisma in a negative way.
Since then, Ocampo has pursued the prosecution of Syrian President Bashar al-Assad on charges of genocide while likewise charging deceased former Libyan leader Muammar Gaddafi with crimes against humanity for alleged massacres committed against anti-government protests that became increasingly violent before culminating in an open “regime change” campaign spearheaded by the U.S. with European and Gulf Arab allies.
The court has largely been discredited among non-Group of 7 nations as a neocolonial tool of Western capitals seeking to control the Global south. Last October, Gambia’s Information Minister Sheriff Bojang noted that the ICC is, “in fact, an International Caucasian Court for the persecution and humiliation of people of color.”
Most recently, the former ICC prosecutor advised the Israelis on how to evade criminal charges for their perpetual expansion of illegal settlements. Ocampo noted that the settler-colonial state could successfully defend itself by manipulating international legal perceptions through arguments that the ongoing settlement construction is legal “once ratified by the country’s top court,” the Israeli High Court, which Ocampo argued “is highly respected internationally.”
* Photo: YouTube-Council on Foreign Relations
July 26, 2017
Posted by aletho |
Deception | Latin America, Luis Moreno-Ocampo, OAS, Venezuela |
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There has been a pattern of sensational but untrue reports that lead to public acceptance of U.S. and Western military intervention in countries around the world.
For instance, in Gulf War 1 (1990-91), there were reports of Iraqi troops stealing incubators from Kuwait, leaving babies to die on the cold floor. Relying on the testimony of a Red Crescent doctor, Amnesty Interenational ‘verified’ the false claims.

Scene of destruction after aerial bombing in Azaz, Syria, Aug. 16, 2012.
(U.S. government photo)
Ten years later, there were reports of yellow cake uranium going to Iraq for development of weapons of mass destruction.
One decade later, there were reports of Libyan soldiers drugged on viagra and raping women as they advanced.
In 2012, NBC broadcaster Richard Engel was supposedly kidnapped by a pro-Assad Syrian militia but luckily freed by Syrian opposition fighters, the “Free Syrian Army.”
All these reports were later confirmed to be fabrications and lies. They all had the goal of manipulating public opinion and they all succeeded in one way or another. Despite the consequences, which were often disastrous, none of the perpetrators were punished or paid any price.
It has been famously said, “Those who do not learn from the past are doomed to repeat it.” This report is a critical review of the so-called “Caesar Torture Photos” story. As will be shown, there is strong evidence the accusations are entirely or substantially false.
Overview of ‘Caesar Torture Photos’
On Jan. 20, 2014, two days before negotiations about the Syrian conflict were scheduled to begin in Switzerland, a sensational report burst onto television and front pages around the world. The story was that a former Syrian army photographer had 55,000 photographs documenting the torture and killing of 11,000 detainees by the Syrian security establishment.
The Syrian photographer was given the code-name “Caesar.” The story became known as the “Caesar Torture Photos.” A team of lawyers plus digital and forensic experts were hired by the Carter-Ruck law firm, on contract to Qatar, to go to the Middle East and check the veracity of “Caesar” and his story. They concluded that “Caesar” was truthful and the photographs indicated “industrial scale killing.”
CNN, London’s Guardian and LeMonde broke the story which was subsequently broadcast in news reports around the world. The Caesar photo accusations were announced as negotiations began in Switzerland. With the opposition demanding the resignation of the Syrian government, negotiations quickly broke down.
For the past two years the story has been preserved with occasional bursts of publicity and supposedly corroborating reports. Most recently, in December 2015 Human Rights Watch (HRW) released a report titled “If the Dead Could Speak” with significant focus on the Caesar accusations.
Following are 12 significant problems with the “Caesar torture photos” story:
- Almost half the photos show the opposite of the allegations.
The Carter Ruck Inquiry Team claimed there were about 55,000 photos total with about half of them taken by “Caesar” and the other half by other photographers. The Carter Ruck team claimed the photos were all “similar.” Together they are all known as “Caesar’s Torture Photos.”
The photographs are in the custody of an opposition organization called the Syrian Association for Missing and Conscience Detainees (SAFMCD). In 2015, they allowed Human Rights Watch (HRW) to study all the photographs which have otherwise been secret. In December 2015, HRW released their report titled “If the Dead Could Speak.”
The biggest revelation is that over 46 percent of the photographs (24,568) do not show people “tortured to death” by the Syrian government. On the contrary, they show dead Syrian soldiers and victims of car bombs and other violence (HRW pp 2-3). Thus, nearly half the photos show the opposite of what was alleged. These photos, never revealed to the public, confirm that the opposition is violent and has killed large numbers of Syrian security forces and civilians.
- The claim that other photos only show “tortured detainees” is exaggerated or false.
The Carter Ruck report says “Caesar” only photographed bodies brought from Syrian government detention centers. In its December 2015 report, HRW said, “ The largest category of photographs, 28,707 images, are photographs Human Rights Watch understands to have died in government custody, either in one of several detention facilities or after being transferred to a military hospital.” They estimate 6,786 dead individuals in the set.
The photos and the deceased are real, but how they died and the circumstances are unclear. There is strong evidence some died in conflict. Others died in the hospital. Others died and their bodies were decomposing before they were picked up. These photographs seem to document a war-time situation where many combatants and civilians are killed.
It seems the military hospital was doing what it had always done: maintaining a photographic and documentary record of the deceased. Bodies were picked up by different military or intelligence branches. While some may have died in detention; the big majority probably died in the conflict zones. The accusations by “Caesar.” the Carter Ruck report and HRW that these are all victims of “death in detention” or “death by torture” or death in “government custody” are almost certainly false.
- The true identity of “Caesar” is probably not as claimed.
The Carter Ruck Report says “This witness who defected from Syria and who had been working for the Syrian government was given the code-name ‘Caesar’ by the inquiry team to protect the witness and members of his family.” (CRR p12)
However if his story is true, it would be easy for the Syrian government to determine who he really is. After all, how many military photographers took photos at Tishreen and Military 601 Hospitals during those years and then disappeared? According to the Carter Ruck report, Caesar’s family left Syria around the same time. Considering this, why is “Caesar” keeping his identity secret from the Western audience? Why does “Caesar” refuse to meet even with highly sympathetic journalists or researchers?
The fact that 46 percent of the total photographic set is substantially the opposite of what was claimed indicates two possibilities: Caesar and his promoters knew the contents but lied about them expecting nobody to look. Or, Caesar and his promoters did not know the contents and falsely assumed they were like the others. The latter seems more likely which supports the theory that Caesar is not who he claims to be.
- The Carter Ruck Inquiry was faulty, rushed and politically biased.
The credibility of the “Caesar” story has been substantially based on the Carter-Ruck Inquiry Team which “verified” the defecting photographer and his photographs. The following facts suggest the team was biased with a political motive:
–The investigation was financed by the government of Qatar which is a major supporter of the armed opposition.
–The contracted law firm, Carter Ruck and Co, has previously represented Turkey’s President Recep Tayyip Erdogan, also known for his avid support of the armed opposition.
–The American on the legal inquiry team, Professor David M. Crane, has a long history working for the U.S. Defense Department and Defense Intelligence Agency. The U.S. government has been deeply involved in the attempt at “regime change” with demands that President Bashar “Assad must go” beginning in summer 2011 and continuing until recently.
–Crane is personally partisan in the conflict. He has campaigned for a Syrian War Crimes Tribunal and testified before Congress in October 2013, three months before the Caesar revelations.
–By their own admission, the inquiry team was under “time constraints” (CRR, p11).
–By their own admission, the inquiry team did not even survey most of the photographs
–The inquiry team was either ignorant of the content or intentionally lied about the 46 percent showing dead Syrian soldiers and attack victims.
–The inquiry team did its last interview with “Caesar” on Jan. 18, 2014, quickly finalized a report and rushed it into the media on Jan. 20, two days prior to the start of United Nations-sponsored negotiations.
The self-proclaimed “rigor” of the Carter Ruck investigation is without foundation. The claims to a “scientific” investigation are similarly without substance and verging on the ludicrous.
- The U.S. Central Intelligence Agency (CIA) is involved.
In an interview on France24, David Crane of the inquiry team describes how “Caesar” was brought to meet them by “his handler, his case officer.” The expression “case officer” usually refers to the CIA. This would be a common expression for Professor Crane who previously worked in the Defense Intelligence Agency. The involvement of the CIA additionally makes sense since there was a CIA budget of $1 billion for Syria operations in 2013. Crane’s “Syria Accountability Project” is based at Syracuse University where the CIA actively recruits new officers despite student resistance.
Why does it matter if the CIA is connected to the “Caesar” story? Because the CIA has a long history of disinformation campaigns. In 2011, false reports of viagra fueled rape by Libyan soldiers were widely broadcast in Western media as the U.S. pushed for a military mandate. Decades earlier, the world was shocked to hear about Cuban troops fighting in Angola raping Angolan women. The CIA chief of station for Angola, John Stockwell, later described how they invented the false report and spread it around the world. The CIA was very proud of that disinformation achievement. Stockwell’s book, In Search of Enemies, is still relevant.
- The accusers portray simple administrative procedures as mysterious and sinister.
The Carter Ruck inquiry team falsely claimed there were about 11,000 tortured and killed detainees. They then posed the question: Why would the Syrian government photograph and document the people they just killed? The Carter Ruck Report speculates that the military hospital photographed the dead to prove that the “orders to kill” had been followed. The “orders to kill” are assumed.
A more logical explanation is that dead bodies were photographed as part of normal hospital / morgue procedure to maintain a file of the deceased who were received or treated at the hospital. The same applies to the body labeling / numbering system. The Carter Ruck report suggests there is something mysterious and possibly sinister in the coded tagging system. But all morgues need to have a tagging and identification system.
- The photos have been manipulated.
Many of the photos at the SAFMCD website have been manipulated. The information card and tape identity are covered over and sections of documents are obscured. It must have been very time-consuming to do this for thousands of photos. The explanation that they are doing this to “protect identity” is not credible since the faces of victims are visible. What are they hiding?
- The Photo Catalog has duplicates and other errors.
There are numerous errors and anomalies in the photo catalog as presented at the SAFMCD website. For example, some deceased persons are shown twice with different case numbers and dates. There are other errors where different individuals are given the same identity number.
Researcher Adam Larson at A Closer Look at Syria website has done detailed investigation which reveals more errors and curious error patterns in the SAFMCD photo catalog.
9. With few exceptions, Western media uncritically accepted and promoted the story.
The Carter Ruck report was labeled “Confidential” but distributed to CNN, the Guardian and LeMonde. CNN’s Christiane Amanpour gushed over the story as she interviewed three of the inquiry team under the headline “EXCLUSIVE: Gruesome Syria photos may prove torture by Assad regime.” Critical journalism was replaced by leading questions and affirmation. David Crane said “This is a smoking gun.” Desmond de Silva “likened the images to those of holocaust survivors.”
The Guardian report was titled “Syrian regime document trove shows evidence of ‘industrial scale’ killing of detainees” with the subtitle, “Senior war crimes prosecutors say photographs and documents provide ‘clear evidence’ of systematic killing of 11,000 detainees”
One of the very few skeptical reports was by Dan Murphy in the Christian Science Monitor. Murphy echoed standard accusations about Syria but went on to say incisively, “the report itself is nowhere near as credible as it makes out and should be viewed for what it is: A well-timed propaganda exercise funded by Qatar, a regime opponent who has funded rebels fighting Assad who have committed war crimes of their own.”
Unfortunately that was one of very few critical reports in the mainstream media. In 2012, foreign affairs journalist Jonathan Steele wrote an article describing the overall media bias on Syria. His article was titled “Most Syrians back Assad but you’d never know from western media.” The media campaign and propaganda has continued without stop. It was in this context that the Carter Ruck Report was delivered and widely accepted without question.
- Politicians have used the Caesar story to push for more US/NATO aggression.
Politicians seeking direct U.S. intervention for “regime change” in Syria were quick to accept and broadcast the “Caesar” story. They used it to demonize the Assad government and argue that the U.S. must act so as to prevent “another holocaust,” “another Rwanda,” “another Cambodia.”
When Caesar’s photos were displayed at the House Foreign Affairs Committee in Congress, Chairman Ed Royce said “It is far past time that the world act…. It is far past time for the United States to say there is going to be a safe zone across this area in northern Syria.”
The top-ranking Democrat on the House Foreign Affairs Committee is Eliot Engel. In November 2015 he said, “We’re reminded of the photographer, known as Caesar, who sat in this room a year ago, showing us in searing, graphic detail what Assad has done to his own people.” Engel went on to advocate for a new authorization for the use of military force.
Rep. Adam Kinzinger is another advocate for aggression against Syria. At an event at the Holocaust Memorial Museum in July 2015, he said, “If we want to destroy ISIS we have to destroy the incubator of ISIS, Bashar al-Assad.”
The irony and hypocrisy is doubly profound since Rep. Kinzinger has met and coordinated with opposition leader Okaidi who is a confirmed ally of ISIS. In contrast with Kinzinger’s false claims, it is widely known that ISIS ideology and initial funding came from Saudi Arabia and much of its recent wealth from oil sales via Turkey. The Syrian Army has fought huge battles against ISIS, winning some but losing others with horrific scenes of mass beheading carried out by ISIS.
- The Human Rights Watch assessment is biased.
HRW has been very active around Syria. After the chemical attacks in greater Damascus on Aug. 21, 2013, HRW rushed a report which concluded that, based on a vector analysis of incoming projectiles, the source of the sarin carrying rockets must have been Syrian government territory. This analysis was later debunked as a “junk heap of bad evidence” by highly respected investigative journalist Robert Parry.
HRW’s assumption about the chemical weapon rocket flight distance was faulty. Additionally it was unrealistic to think you could determine rocket trajectory with 1 percent accuracy from a canister on the ground, especially from a canister on the ground that had deflected off a building wall.
In spite of this, HRW stuck by its analysis which blamed the Assad government. HRW Director Ken Roth publicly indicated dissatisfaction when an agreement to remove Syrian chemical weapons was reached. Roth wanted more than a “symbolic” attack on Syrian government forces.
Regarding the claims of “Caesar,” HRW seems to be the only non-governmental organization to receive the full set of photo files from the custodian. To its credit, HRW acknowledged that nearly half the photos do not show what has been claimed for two years: they show dead Syrian soldiers and militia along with scenes from crime scenes, car bombings, etc.
But HRW’s bias is clearly shown in how it handles this huge contradiction. Amazingly, HRW suggests the incorrectly identified photographs support the overall claim. They say, “This report focuses on deaths in detention. However other types of photographs are also important. From an evidentiary perspective, they reinforce the credibility of the claims of Caesar about his role as a forensic photographer of the Syrian security forces or at least with someone who has access to their photographs.” (HRW, p31) This seems like saying if someone lies to you half the time that proves they are truthful.
The files disprove the assertion that the files all show people who were tortured and killed. The photographs show a wide range of deceased persons, from Syrian soldiers to Syrian militia members to opposition fighters to civilians trapped in conflict zones to regular deaths in the military hospital. There may be some photos of detainees who died in custody after being tortured, or who were simply executed. We know that this happened in Iraqi detention centers under U.S. occupation. Ugly and brutal things happen in war times. But the facts strongly suggest that the “Caesar” account is basically untrue or a gross exaggeration.
It is striking that the HRW report has no acknowledgment of the war conditions and circumstances in Syria. There is no acknowledgment that the government and Syrian Arab Army have been under attack by tens of thousands of weaponized fighters openly funded and supported by many of the wealthiest countries in the world.
There is no hint at the huge loss of life suffered by the Syrian army and supporters defending their country. The current estimates indicate from 80,000 to 120,000 Syrian soldiers, militia and allies having died in the conflict. During the three years 2011-2013, including the period covered by the “Caesar” photos, it is estimated that over 52,000 Syrian soldiers and civilian militia died versus 29,000 anti-government forces.
HRW had access to the full set of photographs including the Syrian army and civilian militia members killed in the conflict. Why did they not list the number of Syrian soldiers and security forces they identified? Why did they not show a single image of those victims?
HRW goes beyond endorsing the falsehoods in the “Caesar story”; HRW suggests the cataloguing is only a partial listing. On page 5, the report says, “Therefore, the number of bodies from detention facilities that appear in the Caesar photographs represent only a part of those who died in detention in Damascus.”
On the contrary, the Caesar photographs seem to mostly show victims who died in a variety of ways in the armed conflict. The HRW assertions seem to be biased and inaccurate.
- The legal accusations are biased and ignore the supreme crime of aggression.
The Christian Science Monitor journalist Dan Murphy gave an apt warning in his article on the Carter Ruck report about “Caesar.” While many journalists treated the prosecutors with uncritical deference, he said, “Association with war crime prosecutions is no guarantor of credibility – far from it. Just consider Luis Moreno Ocampo’s absurd claims about Viagra and mass rape in Muammar Qaddafi’s Libya in 2011. War crimes prosecutors have, unsurprisingly, a bias towards wanting to bolster cases against people they consider war criminals (like Assad or Qaddafi) and so should be treated with caution. They also frequently favor, as a class, humanitarian interventions.”
The Carter Ruck legal team demonstrated how accurate Murphy’s cautions could be. The legal team was eager to accuse the Syrian government of “crimes against humanity” but the evidence of “industrial killing,” “mass killing,” “torturing to kill” is dubious and much of the hard evidence shows something else.
In contrast, there is clear and solid evidence that a “Crime against Peace” is being committed against Syria. It is public knowledge that the “armed opposition” in Syria has been funded, supplied and supported in myriad ways by various outside governments. Most of the fighters, both Syrian and foreign, receive salaries from one or another outside power. Their supplies, weapons and necessary equipment are all supplied to them. Like the “Contras” in Nicaragua in the 1980’s, the use of such proxy armies is a violation of customary international law.
It is also a violation of the UN Charter which says “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other matter inconsistent with the Purposes of the United Nations”.
The government of Qatar has been a major supporter of the mercenaries and fanatics attacking the sovereign state of Syria. Given that fact, isn’t it hugely ironic to hear the legal contractors for Qatar accusing the Syrian government of “crimes against humanity”?
Isn’t it time for the United Nations to make reforms so that it can start living up to its purposes? That will require demanding and enforcing compliance with the UN Charter and International Law.
Rick Sterling is an independent research/writer and member of Syria Solidarity Movement. He can be contacted at rsterling1@gmail.com
March 18, 2016
Posted by aletho |
Deception, Mainstream Media, Warmongering, Timeless or most popular, War Crimes | Adam Kinzinger, Amnesty Interenational, Carter Ruck Report, Central Intelligence Agency, CIA, HRW, Iraq, Libya, Luis Moreno-Ocampo, Syria, United States |
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“An international cabal of pan-African and global imperialist interests are combining forces to destabilise Africa”
Once again, the spotlight is on Africa as four Kenyans – three political leaders and a journalist – have been indicted at the International Criminal Court (ICC). Once again, the question that has never been answered is, why Africa? And why the speed? In Anglo-Saxon parts of the world, some leaders are treated with kid gloves when they commit ‘crimes against humanity’. Others, like the former British Prime Minister Tony Blair and former US President George Bush, go on to write memoirs defending their abuse of international laws.
Let us put this in context, in Ivory Coast, ex-President Laurent Gbagbo was ‘abducted’ (the words used by Jerry John Rawlings, former President of Ghana) at midnight and carted off to The Hague. In my view, his crimes remain unknown except to the French and his Ivorian adversaries. Charles Taylor (Liberia) remains in The Hague incarcerated. Now we learn that all along, the former President of Liberia may have been a CIA agent. So we can guess why the leadership of the United States would like to see him remain in The Hague. He knows too much. In the case of Libya, Colonel Muammar Gaddafi and his sons were even indicted before the ICC could establish whether they had committed crimes ‘against humanity.’ Other Africans from the Democratic Republic of the Congo are also facing charges in The Hague. In the Sudan, a sitting head of state, President Omar Bashir, has also been indicted. The queue of Africans waiting to be hanged by this international court is endless.
Yet, a cursory glance at the world also tells of many crimes committed against ordinary citizens – from Palestine to Afghanistan, to Libya and, of course, Iraq. Who bears responsibility for these crimes? Are we suggesting that the lives of Iraqi, Libyan and Palestanian children and women do not matter? How come no one is facing so-called justice in The Hague?
This raises serious questions about the selective justice and double standards of the international systems of justice that is selectively applied to Africa and especially African leaders by the so-called ‘international community’. It leaves me with no option but to conclude that the ICC has become a vehicle for enforcing neocolonial interest in Africa, which members of the UN Security Council can exploit. What is even more worrying is that the ICC has become a tool in the hands of vicious African elite/politicians fighting for the national cake. All it takes is to convince the so-called international community that your opponent needs to go to The Hague. I will suggest in all seriousness that serious crimes against humanity have been committed in Libya by NATO forces, and by both sides in the post-election crisis in the Ivory Coast. But we are yet to see some action on that front. The work of the ICC will make sense, and justice will be served, if the leaders who authorised the bombing of Tripoli under the guise of UN resolutions also face the same justice that the Kenyans are supposedly going to face.
In the case of Kenya, the facts should be separated from the chaff. There was post-election violence in which over 1,000 citizens died, some under gruesome conditions. Someone or some groups bear responsibility for this. As usual, the international community, and a flaking Kenyan leadership, abdicated responsibility for punishing those responsible to a horde of international experts and UN rapporteurs with lengthy reports.
Maybe, these people did some good, but these reports are now gathering dust while all attention is paid to the antics of the chief prosecutor of the ICC Luis Moreno-Ocampo. The man now thinks he is a celebrity in Kenya. ‘Kenyans love me’, he is reported to have said. Second, the Kenyan ruling class failed to set up a local tribunal to address cases of post-election violence and historical injustices, thereby fuelling the feeling among ordinary Kenyans that the ICC route was the only way to seek justice. Third, the Kenyan elite, especially those in civil society, seem united in their view that to end ‘impunity’, they need the intervention of some foreign ‘knight in armour’ who should descend in Kenya to take out the bad guys (their leaders who are responsible for impunity). I suggest that impunity is deep-seated in Africa, and its historical and structural causes should be addressed. Impunity has colonial and neo colonial roots. The ICC can only deal with the symptoms.
In Kenya, the ICC debate, like most debates, has become a lawyers’ paradise where people talk of ‘the Rome statute’ and similar words with arrogant recklessness and self-satisfaction. That African heads of states signed up to this is ‘Rome statute’ is not in doubt, but for good reasons. Others refused. But this does not constitute a blood oath to which we are bound for life, as the juju takers in Nollywood movies suggest.
The debate about how to seek justice for the victims of the post-election violence in Kenya seems to have been relegated to a few campaigners. The internally displaced people (citizens) of Kenya are still living in IDP camps. Women who were abused have not been offered counseling or financial compensation or support to deal with the consequences of the abuse. Children of IDP families are not receiving quality primary education as their families are on the move and lack stability. Kenya is yet to heal, as the ruling elite and the so-called international community engages in futile and sometimes endless debates about ‘impunity’ and the ICC. The nongovernmental organisations and civil society have been caught up in this maze as some seek publicity for themselves and their organisations at the expense of real justice for victims. Playing to the international gallery has become the endgame in Nairobi. Who speaks for the IDPs? Who speaks for the women who were abused?
This reminds me of Sierra Leone. When I visited Freetown after the civil war, there was a lot of talk about ‘impunity’ and justice, as we are hearing today. The UN Tribunal for Sierra Leone was set up in a huge compound in Freetown as a justice centre of some sort to deal with so-called perpetrators of the civil war, nothing about the victims. It was full of young European and American lawyers recruited as ‘investigators’, with their fanciful laptops and mobile phones. All was set for justice. Down the road was an amputee camp, where amputees, real victims of the savage civil war, lived in unimaginable abject poverty. So the question I asked myself was: where is our sense of priority? Are we condemning the living, young as they are, to a life of penury, so that some octogenerian leaders can be put on trial, and for what purpose? Millions of dollars were spent on this illusive justice while the youthful victims of the civil war – ex-combatants and their families – were abandoned by the same international system which has ripped off Sierra Leone for its diamonds. Is that the African sense of justice? Many Sierra Leoneans and other West Africans had the same feeling; we could only shake our heads in disbelief. In the case of Sierra Leone, most of the so-called perpetrators died in jail awaiting trials.
I would suggest that Kenya is headed in that same direction. The broad sense of seeking social justice for victims has been pushed to the dustbin of history as people seek retribution, and settle petty political scores of a different nature. Whether the four indicted individuals deserve to be indicted by the ICC or not is for Kenyans to answer. But some of us will never know, as only those with voices and access to Kenya’s media which is embedded with powerful interests, and positions that appeal to or support the marginalisation of Africa, and the abuse of African leaders in the international system get heard. But it would be churlish and ahistorical to separate what is happening to the Kenyan four. It is part of a broader cat and mouse game of humiliating African leaders to serve the global imperialist interests of some countries, and to justify their continued plunder of the continent and its resources, a game in which Africa will always emerge as the loser.
In the case of the Kenyan four, I cannot help but feel that this is more about the impending election (2012 0or 2013), than about justice for victims. Some in the international community and their minions have suggested that some ethnic groups should be sidelined. A dangerous proposition for a country seeking to build a cohesive society.
In a contribution to Pambazuka News last year, I suggested that an international cabal of pan-African and global imperialist interests are combining forces to destabilise Africa. This is a continuation of this debate. The idea that shipping four Kenyans (Africans) to join the already high number in The Hague is somehow the best way to achieve justice does not appeal to me. My position will be the same if these four were Libyan, Nigerian, Ghanaian or Ugandan. I believe that Africa has come of age to settle its own problems. I believe that neither the US nor British governments will subject their citizens, especially, young, intelligent and committed politicians, to the sort of humiliation that the four Kenyans are being subjected to in the name of fighting impunity.
The ICC has time and time again proven that it is beholden to countries that are not even signatories to the Rome statute (for example the United States, as in the case of President Charles Taylor). Ocampo has proven that he is anti-African, that his interest is only in persecuting and prosecuting Africans because we have made ourselves vulnerable to this process. This same court which acknowledges that African countries are signatories ignores the voice of the African Union leadership – those we have elected to represent our interest as Africans. Will the ICC ignore the leaders of France, the UK, the European Union and the United States? Yet, the ICC ignored the AU in the case of Sudan, and ignored the pleas of Kenya’s Vice President who had the support of the majority of progressive thinking African leaders in the Africa Union. This underlies the contemptuous attitude towards African leaders by lower officials in international organisations. Why do we allow this to happen?
In the case of Kenya, what is even more worrying is the impact of this process on the national psyche. It destabilises the country, creates unnecessary anxiety and fuels rumours of the dangerous type. Kenyans need closure to the post-election violence if they are to build a cohesive and progressive society based on the ethic of the 2010 constitution. The intelligentsia is supposed to lead this struggle, but it is failing as they are devoid of any ideological leanings or clarity. ‘Human rights’ is treated as if it is value-free, with no ideological underpinnings. The debate about political transition in Kenya is being sidelined and made to look moribund as the country frets and is on tenterhooks awaiting decisions from the ICC. In Kenya, the ICC has been elevated to a ‘god’ with the prosecutor as some sort of deity. Dissenting voices are silenced or seen as irrelevant to this debate.
However, it is important for Africans to realise that there is no alternative to nation-building and to local processes. Neither the US nor France will abdicate such awesome responsibilities to a foreign court or subject the whole nation to such unnecessary anxiety. Africans must have the courage and steadfast belief in our ability to change the continent, to deal with abuses and seek justice on our own terms. For me, the ICC will always remain an imperialist-led institution set up to hold back the forces of progress, while undermining African institutions and our ability to deal with forces of retrogression and ‘impunity’. It is time for African leaders to take charge and not hand over the continent to some faceless ‘judges’ of the international system.
February 12, 2012
Posted by aletho |
Deception, Timeless or most popular | Africa, Hague, International Criminal Court, Kenya, Laurent Gbagbo, Luis Moreno-Ocampo, Sierra Leone |
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