The Chairman of African Commission

 

H.E Dr. Jean Ping,

P.O BOX3243

Addis Ababa

Ethiopia.

 

12TH MAY 2012

Dear

RE: WHY I BELIEVE THE OFFICE OF THE CHIEF PROSECUTOR WRONGED AFRICA (KENYAN SITUATION AS CASE STUDY)

Peace greetings!

 

1.  African Justice  Ministers and their Attorney Generals  will meet  in Addis Ababa  on 14th  and  15th  to expand the  mandate of its court of Justice to cover  cases  of crimes  against humanity and  other related cases.  I  am overwhelmed by joy when  I see  Africa  moving  in the  direction of self-determination on  matters that  have  retrogressed  our  political emancipation for over 50 years.

2.  It is  now  apparent that  values of  ICC have  been  put  on  trial  by the flawed investigations and  politicization of all African cases. This meeting is a sign of relief to many of us patriotic Africans who have struggled against ICC Chief Prosecutor who has become a liability and a poodle of the western nations.

3.  There are mixed feelings on the continent of Africa with less than one month left for the Chief Prosecutor of the ICC Mr. Luis Moreno Ocampo to vacate office. Mr. Luis Moreno Ocampo might proudly think he has achieved the goals of International justice in 9 years at the helm of ICC prosecutions by targeting Africans only. But Mr. Luis Moreno  Ocampo must  know  that  the  type  of ''assembly  line  justice" that  has  been exhibited   on  African  nations   is  regrettable.    Many  of  us  are   very concerned  that  Mr. Luis Moreno  Ocampo will be allowed  to take  the million  dollar pension  scheme  pay home without standing  trial  for agony and  anguish  he will leave on the  people  of Africa (both  Victims and Suspects) for the flawed investigations he conducted  in Africa.

4.  I  want  to make it clear that  the court  and the  new Chief Prosecutor of the  ICC (herself  an African from Gambia) must initiate independent investigations and review, asses, evaluate all cases that Mr. Luis Moreno Ocampo  handled  in Africa. Mr. Luis Moreno Ocampo himself must face that independent panel to answer charges of perjury, misuse of power, corruption     scandals,    revealing     of    confidential     information   to intermediaries like Prof. Makau and Maina Kiai of Kenya and several other crimes in situations of Sudan, DRC Libya, and Ivory Coast, where he has caused more confusion than solutions.

5. The pain that Mr. Luis Moreno Ocampo has caused during his tenure of office in ICC must be healed by putting him on trial for all the above miscarriage of justice. I will pursue Luis Moreno Ocampo until I get justice for Africa. Those NGOs that  have worked  with Luis Moreno Ocampo to dilute   international  justice  on   the  Continent   will  be  exposed   and brought  to  book  in  another detailed  summary I will  provide  to  the world.

6.  Given the above, I have individually as an investigative journalist decided to look at the pitfalls that Luis Moreno Ocampo created on the African continent where flawed methods of investigations were used.  These few examples from the Kenyan cases will help to guide AU Ministers of Justice so that our African court of Justice does not repeat the same mistakes of ICC. Through intermediaries Luis Moreno Ocampo pieced  together  Kenyan  cases,  where   he  funded   organizations  and people like Mr. Maina Kiai, Prof. Makau Mutua (who are well known in Kenya as political  opponents of Uhuru Kenyatta, William Ruto, Francis  Muthaura and  Arap  Sang)  through  the  network   of  Open Society funds  in Africa.

7. These individuals and organizations trained ICC investigators in 2009·2010 and  provided  back up background analysis  on Kenyan politics  to  the  ICC  investigators who  arrived in  Kenya in  2008- 2010. They conducted  investigations on behalf  of ICC,  coach witnesses and chose which Kenyan suspects to take to ICC. Luis Moreno Ocampo engineered NGOs to coach and bribe witnesses in Kenyan cases, and above all he bungled all Kenyan cases before the ICC. The same pattern is in all African cases that he has handled in 9 years.

8.  Mr. Luis Moreno Ocampo will leave a feeling of profound  anxiety  and increasing  disillusionment in Africa, created  by his flawed behaviour  of investigations on all African cases. It is now clear that when any African patriot  picks a newspaper to  read  about  African cases  before  the  ICC several  things  run  into  one's  mind.  The  level  of corruption in  the cases, the type of selective  justice, the  degree  of politicization  of the ICC processes, and  some of the most  horrendous incidents of flawed methods that I stand  against  and  ones that  have made  me fight Ocampo. Instead of narrowing the  gap between  impunity and justice  which  was  the  basis  of  the  creation   of  ICC, the  ICC  chief Prosecutor Luis Moreno Ocampo has allowed  his office to become dangerously yawning chasm.

9. I fully support ICC as an Institution but I disagree with the way the ICC Chief Prosecutor or the Prosecutor's office has been used as a poodle of the Western nations to dismember Africa. As an academic  and  an African patriot I believe that what Mr. Luis Moreno Ocampo has done in Africa  for  the  last  9 years  is  equated to  events   in  Sodom and Gomorrah cities before God intervened.  Therefore there is need for AU Commission to intervene in African cases that are before the ICC.

Myriad of conflicts in Africa.

10. African continent has faced a myriad of conflicts before and after the ratification of the Rome Statute  of the International Criminal Court. Obviously the court was established with the sole aim of prosecuting international crimes namely the crime of genocide, crimes against humanity and war crimes.

11.  The crime of aggression has not yet been defined or universally agreed upon by the members of the Assembly of State Parties to the ICC and therefore the court cannot prosecute it. Currently all the cases and situations before the court are all from the African continent. These are Libya, Cote d Ivoire Kenya, Sudan, Uganda, Central Africa Republic and Democratic Republic of Congo.

12. Indeed, I have immensely and patriotically followed the journey of International Criminal Court processes in Africa for long and in most of the matters of International Criminal Justice in the world.  Notably1 I participated and contributed my thoughts and intellect during the UN led Diplomatic Plenipotentiaries in 1998 that led to the formation of the Rome Statute of the ICC.

13. I also took part in the EUI AUI UN Sponsored peace talks in Juba South Sudan between the Uganda Government and the Lord's Resistance   Army (GOU/LRA) which   culminated   in   cession of hostilities in Northern Uganda and Southern Sudan. Although the Final Peace Agreement (FPA) was not signed by both parties due to factors  like ICC warrants of arrest, USA political pressure  on peace agreement,  dishonesty of Joseph Kony, in failing to honour his commitments and finally militarism  from  both sides of the conflict, we achieved  one  main  goal, Peace  in  Northern   Uganda  and  Uganda  in general.

First case in Africa was in Uganda:

14. When Ugandans realized that ICC warrants and ICC proclamations were not going to deliver peace in Uganda, we rejected the ICC strategy and   resorted to a peaceful   route   supported by a UPDF military strategy of putting LRA under pressure to come to table.  I want to take this opportunity to thank H.E President Museveni of Uganda, H.E.Dr. Riek  Machar   the  Vice· President Of South   Sudan, Dr. Ruhakana Rugunda(Leader of Uganda Delegation in Peace Talks) and  all the  people of Uganda  and  South  Sudan  for  their  efforts in bringing peace  in Northern Uganda. We have now got that peace and there will be no return to war in Northern Uganda.

15. When  many  of Africans spent tireless days and  nights  in the bitter cold   engaging  and   confronting  international   NGOs  in negotiations at the Rome conference in 1998, we had envisaged  the formation  of ICC, a universal  court  that  would  deal with  international justice processes with impartiality and independence. But to our disgust the court has ended up being used by the western nations to hunt down those leaders they don’t want to lead on the continent.

16. Today, this appears opposite. One arm of the court has killed the vision of ICC in Africa. The Chief Prosecutor of ICC Luis Moreno Ocampo   has   flawed   every   procedure in all Africa cases. He admitted that international politics  and pressure has led to some  of the conclusions he has made regarding African cases.

Many other theaters in the world, but why Africa?

17. International   crimes   have   been    committed    in   many   other continents but the court  has only dwelt  on African continent and  this makes the court appear as a tool for attacking African sovereignty and punishing African  leaders who  do  not  dance  to  the  tune  of some Western  nations.

18. In its current form, the Office of the Prosecutor has refused to invoke its propiomutu powers and investigate situations like in Burma, Palestine, Iraq and Afghanistan where they are no self-referrals by individual states or by the United Nations Security Council. Instead, the Prosecutor has chosen to seek   investigations in situations that clearly do not meet the threshold like the case of Kenya where he invoked Article 15 yet Kenya was and is not a failed state. Most of the countries in Africa that have been visited by the Chief Prosecutor have the capability and capacity to domestically prosecute such crimes.

ICC credibility destroyed on the continent of Africa:

19. When  the  Prosecutor uses his prosecutorial discretion  in such  a political manner,    as   noted   even    by   the   United   States   in   its withdrawal letter from  the  Rome  Statute, the  Chief  Prosecutor destroys the  credibility of the  court. Additionally, the Chief Prosecutor subjects the court to unnecessary resistance and non-­ cooperation from African states and at worst such dubious actions have harmed the integrity of the court. It must be noted  that  the Chief Prosecutor has  ignored all protocols of complementarity status and has  gone  ahead in  many  cases  without states' cooperation in  devising local  mechanisms or alternative mechanisms like what  the  EALA have suggested on the Kenyan cases.

20. The  Chief  Prosecutor  of  ICC has  gone  out  of  his  way  to  use political opponents of some  of the suspects in African cases  to train, recruit, coach, and  brief most  of his investigators before they are sent to such  countries for  investigations (the case of Prof. Makau  Mutua  of Kenya  in  2009- 2010). The Kenyan cases smell of flawed and all fakeness of the highest degree because the Chief Prosecutor did not investigate, used fake witnesses, collected fake evidence and such blatant violations cannot be left without challenge able minded Africans on the continent.

Partisan role of UN Security Council:

21. Moreover, the partisan role of the United Nations Security Council in the International Criminal Court process has also made the court ineffective. The UNSC has the powers to refer situations to the court like the way it did to Sudan and Libya. However, the manner in which the UNSC is dispensing such a duty has brought the court into ridicule and only works in self-destruction of the court. The UNSC only refers situations from Africa  but in other continents like Asia and  where Syria has  had  thousands killed by President Assad regime,  it has chosen to remain aloof. It has also refused to act in Israel, Myanmar, Iraq, and Afghanistan etc.

 

Kenya as a Case Study in Africa

22. The Kenyan case remains one of the most intriguing cases before the ICC. Clearly, the case where the Chief prosecutor initiated investigation on his own as I have said above but it did not meet the threshold of the ICC. This is a position that I have reiterated before in many regional and international forums and my stand on this remains the same.

  1. Indeed, the ICC is a supranational institution and not a court of first instance.  It only complements national judicial institutions as enunciated in the Preamble and Article l of the Statute.   I am glad that EAC leaders have at last listened to millions like me in Africa who would like the continent to regain its sovereignty.

 

  1. In this regard, the ICC Chief prosecutor erred by starting investigations in    Kenya   hurriedly without giving the   Kenyan   grand coalition government ample time to establish a local mechanism to prosecute crimes committed in the Post-Election Violence period. His enthusiasm and zeal to 'malice Kenya as an example' as he said only exhibited his sectarian interests in the Kenyan case. In fact, he abandoned all the cases before the ICC and chose to concentrate on the Kenyan case. However, this zeal only resulted in flawed investigations in Kenya.
  1.   In this  regard,  the  Kenyan  judiciary  has  undergone   massive reforms, than any other judiciary in the world, by appointing the

    Chief  Justice,   judges  of  the   High  Court,  Court  of  Appeal   and Supreme in a fair and  meritorious manner and  above  all vetting the old judges and  magistrates. This therefore guarantees a fair trial process for anyone accused of either municipal or international crimes in Kenya. Moreover, Kenya has already domesticated the Rome Statute through the International Crimes Act 2008 and therefore it can effectively prosecute such crimes.

    • In  addition,   the   recent   decisions   by  the   East  Africa  Legislative Assembly  and  the East Africa Community  Heads of State seeking  the transfer of the Kenyan cases from The Hague to the East Africa Court of Justice are timely and must  be lauded  by the AU. President Mwai Kibaki  of Kenya must be supported by all  who  care  about the regionalization of international justice  as this  is the  best  way to bring justice closer home. There is a need to grow a redemption strategy that will help Kenya to heal. The immediate proposals to amend the Charter of the East African Court of Justice to grant it jurisdiction over international crimes will go a long way in the East African region.  It will enhance speedy and fair trials of the Kenyan cases and particularly rectify the wrongs that have been perpetuated by the ICC Prosecutor on Africa.
    •  Further, the decision seeking the transfer of these cases is in tandem with the Charter of the United Nations. The  Charter grants regional bodies like the East African Community or  the African Union the right to first  deal with any conflict within their region before seeking for  international intervention of such  a conflict. In this case, the East African Community and its legislature has offered a clear-cut solution to the Kenyan case and thus its  decision must be supported and respected as it goes a long way in bringing justice in Kenya.
    •  A special Division of the Court in Kenya will not only pursue retributive justice like the ICC but also foster restorative justice and thus enhancing both peace and justice. The ICC cannot promote peace and justice concurrently. Kenyans would also want a quick but fair logical conclusion to this matter. They want to know the real masterminds of the 2007/2008 violence.
    •  The  ICC  has  denied  them  this  chance  as the  Prosecutor refused  to make  public  the  list  of the  twenty names handed to  him  by the Justice  Philip  Waki.  The  failure  to  disclose  these  names  and  the manner in which the names  were handed  in by Dr. Kofi Annan   has elicited much  reservations and  opposition against the  ICC court by majority of   patriotic Africans  as  the  ICC is seen  as  having shielded the real  perpetrators of violence in Kenya.
    •  Therefore, it's my humble belief that if a Special Division of the High Court in Kenya will be established to deal  with the  Post-Election Violence cases.

       

       

      MY TAKE ON ACCOUNTABILITY AND RECONCILIATION IN AFRICA AND KENYA IN PARTICULAR.

      THE ICC DEBATE IN KENYA AND AFRICA AT LARGE

      23. I have stood my ground against the Chief Prosecutor Luis Moreno Ocampo and the Chief Prosecutor's office for failures and flaws in their methods of investigations on African cases. The Thomas Lubanga case that had over 50 witnesses faked and the Trial Judges had to slash 23 witnesses as those collected by INTERMEDIARIES and secondary sources is a clear testimony of how bad things are on the Kenyan cases where case number 2 has 11 witnesses and one witness number 4 recanted his evidence and the chief Prosecutor failed to notify Pre- trial Chamber 2 who later on confirmed cases.      The rest of witnesses are intermediaries and to punish people on hearsay is not the justice we looked for in ICC.

      24 .Both the Kenyan cases were bungled because the methods of investigations and the  delivery of   the  envelope  to the ICC by Dr. Kofi Annan  as an intermediary was total flaw  and is not  acceptable  in the  Rome statute. This had a political connotation given that Dr. Kofi Annan mediated on behalf of AU not on behalf of ICC. He mediated with one hand while killing the same accord with the other. This was flawed method and ICC should have not relied on  intermediaries  like  the Waki report that  was not legally binding in international law and not in the Rules of Procedure and Evidence as adopted by the Assembly of State Parties.

      25. I must be candid and safely state that wherever Dr. Kofi Annan goes he leaves a litany of death and blood trail. I am sure in Syria he will  leave thousands dying while  his KOFI ANNAN FOUNDATION BANK ACCOUNT is injected  with  blood  money  from  Rwanda  Genocide, Somalia, Iraq  and other  countries  which  were  left  bleeding. I respect Dr. Kofi Annan but I loathe the manner in which he resolves conflicts in the world. If I am wrong on Dr. Kofi Annan time will tell in Syria.

      26. That said let turn to the main issue of accountability and reconciliation in Africa and Kenya in particular. The difference between the ICC and other tribunals and courts places it in a different position on both the government and the civil society. On the one hand "complementarity of jurisdiction" requires the court to make more efforts to adapt to national priorities and processes. On the  other  hand, Article  53  of  the  statute indicates that prosecution can be stopped if it is not "in the interests  of justice  taking   into   account  all  the   circumstances"  among  which   is mentioned "the interest of the victims" At the very least, this implies that the views of victims can affect what is appropriate for the court to do.

      27. I believe  that  the  ICC is capable of  supporting  mechanisms  that  are restorative in nature: Article 53.1.b. specifically juxtaposes the traditional criminal justice considerations- the gravity of the crime and the interest of the victims- with the broader notion of "interests  of justice" and clearly indicates that  the  latter  might  trump  the  former.  Thus, the ordinary meaning of this text, examined in the light of its object and purpose, suggests that” interests of justice" is a relatively broad concept. That   is where Luis Moreno Ocampo wronged Africa.

      28. Moreover, Article 17.1.c stipulates that'' a case is inadmissible where....the person concerned has already been tried for conduct which is the subject of the complaint..."And so, if the mechanisms pursued by the Government are deemed sufficiently retributive In nature, it is feasible that Kenyans could utilize their own customary mechanisms and still meet the requirements of international law. That is where the ICC has not allowed Kenya to do.

      29. I again believe that if these mechanisms are not sufficiently retributive (By the standard of western sponsored NGOs in Kenya and elsewhere in Africa), the requirements of the Rome statute specifically, may still be met by Africa and events surrounding countries that are under the microscope of the ICC. Article  17.1.b,  addresses  non-retributive mechanisms,  and allows the state itself, in this case the government of Kenya, to pursue any cases it chooses by means of  sanctioned  or approved  mechanisms  by a thorough investigation by any means it chooses- potentially including the use of  customary  mechanisms. Luis Moreno Ocampo has not allowed Kenya briefing space to do so. He wronged Africa.

      30. However, the  challenge  remain of  reconciling the  need to uphold international standards  of  international law,  rules that  define  an international  legal  framework   where   Kenya  belongs  and  the  need  to promote  a constructive dialogue between key stake actors, that is, between both the government  and the civil society in Kenya . He instead fragmented the civil society in Kenya by giving them funding against the state, He failed and wronged Africa.

      31. Ibelieve that there is need of a close roundtable specifically on issues of prosecution   and accountability between the government of Kenya in particular and Africa in general and the ICC that might constitute a way of unlocking this difficult debate. In light of the above, it is recommended that the government of Kenya and ICC should consider pursuing a multipronged approach including the following:

      SUGGESTIONS TO KENYAN GOVERNMENT (IN PARTICULAR AND AFRICA IN GENERAL):

      32. The AU should help African Governments to enact a law on alternative justice that, inter-alia, recognizes traditional justice mechanisms as part of their   laws (case of Kenya). The law should define the scope and mandate of the traditional justice authority's vis-a-vis other legal institutions through the  Special Division  of  the  High  court  with  the  help  of  ICC in  training prosecutors, investigators and court officials.

      33. The  government should  explore  the  possibility of  moving  to  the  UN Security  Council with  the  help  of  AU to  exercise its  prerogative  under article 17 of the Rome statute to suspend these cases in an election year as peace in the region is being threatened by the sentiments expressed by ICC Chief Prosecutor on the  cases. The cases could also be brought back to Uganda which has already set out a Special Division of the High Court ICC domesticated that deals with war crimes and crimes against humanity.

      34. The Kenya Government should only approach the ICC, when the Special Division of the High Court is established and the law on alternative justice is in place, with a view of having the cases brought back to Kenya or withdrawn  on the grounds that Kenya has the capacity to deal with  the matter       in a way that will ensure that justice is done without compromising  or endangering the chance peace. It will be important  for the  Kenyan Government to emphasize that the withdrawal of the case will serve the best interest of justice and is the best option from the point of view of the victims and the population of Kenya in general who have now seen peace return to the Rift Valley and other areas of Kenya.

      35. Finally, I believe that it is important for Kenyans to explore, in parallel with the request of a withdrawal by the Government, other mechanisms of accountability that would meet international standards of justice, such as the national courts and/or a mixed tribunal or hybrid courts where international judges would be deployed to create confidence that the trials in Kenya would be transparent.

    MY TAKE ON TRADITIONAL JUSTICE MECHANISMS VERSUS  FORMAL INSTITUTIONS LIKE ICC.

    36. First, it is important to place the discussion on traditional mechanisms within the wider context of balancing the interest of peace as well as meeting the just demands for justice and to look at the victims of the PEV in Kenya. The question to be asked in this case what should come first: peace or justice? That question can only be answered best by the people who have the highest stake in the conflict, namely the people of Kenya or
    Africa who have borne the brunt of the Post-election violence of 2007

    2008. Secondly, it is equally important to bear in mind the concerns of the international community which came in under mediation but over stepped its mandate of policing Kenya instead of ordering Kenya.

    37. I am particularly shocked from my investigations that Dr. Kofi Annan who was appointed by AU as mediator has never filed a single report to the AU which appointed him but he was busy reporting to EU and ICC ). This is where Africa and Kenya was wronged and I believe that AU needs to learn from the Kenyan case to Improve its appointments  of such high levels.

    38. I again believe that as a member of the United Nations, African union and many international organizations Kenya is duty bound to honour and respect her international obligations within the frame work of international law. Any mechanisms that would be used in addressing post-conflict accountability cases, including traditional justice mechanisms, should therefore be broadly acceptable within the wider paradigms of municipal and of international law.

    39. I am one of those who believe that African customary mechanisms, on the other  hand, are able to perform  a number of different  functions  within transitional communities  of  the  Kikuyu and Kalenjin in  Kenya, as they have done for  many years. These traditional  mechanisms are extremely complex, in part  because their  judicial functions are bound up with  the extensive social education  received  at  home  and  in  the  community, through teaching surrounding the celebrations and everyday activities of the community.

    40. The customary processes that are used in dealing with conflict in Africa at the group, community, and clan or  neighbourhood  level may include a number of different  elements. These include adjudication or arbitration, mediation, reconciliation, compensation, and various rites and symbols. It is critical to ascertain the ability of formal justice mechanisms to deal fairly with such crimes, both to protect the rights of the victims and the accused. But Luis Moreno Ocampo never allowed Africa to grow all these solutions: He wronged Africa with such flawed actions.

     

    IN CONCLUSION:

    Mr. Chairman of the African Commission and fellow Africans who will gather in Addis Ababa these are my thoughts. But as you all read this long letter should know that to an important degree, the scope of the formal institutions in Africa can be effectively determined by people's perceptions and of their efficacy. The formation of the African court of Justice will be a strong pointer of all future movements on the continent.

    This will determine whether or not African cases are referred to them as last resort. The ICC through the actions of the outgoing Chief Prosecutor has injured Africa. ICC has killed PEV victims twice in Kenyan cases and has framed suspects which could result into worse conflict in East Africa.

    Kenya is gateway to Eastern part of Africa and for the Chief Prosecutor and international operators to stifle it during the election year is suicidal. Kenya today is fighting AI-Shabaab a war that some western nations ignited in 1991.

    Mr. Chairman; to allow all these events in one country that is developing is dangerous to the security and governance of the region:

    1.   Elections campaigns 2012 (Major event that must be prepared without interference from ICC and other international agencies)

    2. War in Somalia 2012 (KDF troops are battling together with Uganda and other AU troops in Somalia and there is no need for side shows of ICC)

    3. Piracy in Indian Ocean 2012 (still around In the Ocean near Kenya)

    4.     Internal security 2012 (internal threats from AI- Shabaab terrorists)

    5. Constitutional making 2012 (MPs need to concentrate of finalizing all bills)

    6.  Preparation of elections by IEBC 2012 (must be through to avoid a repeat)

    7. Resettlement of lOPS 2012 (Government to focus on the needs)

    8. Sudan CPA in tatters 2012 (Kenya is affected by conflict in Sudan).

    These are some of the most serious events in Kenya calendar 2012. If they are not handled coordinated properly might spark political strife in country that is trying to heal from 2008-2009 violence. That is why I believe Luis Moreno Ocampo has wronged Africa by insisting on trials of fake, unreliable and flawed cases whose outcome could hurt Kenya and Africa.

    Alternative mechanisms of Justice that creates healing:

    Mr. Chairman, in  order for  any mechanisms to  work in  Africa, however, the community or country (like Kenya, Sudan, DRC, Libya, Ivory Coast) must be deeply involved in the process and not instructed  by the ICC Chief Prosecutor who has wronged Africa at all levels.    Truth and reconciliation processes hinged on  foundations  of  proper  laws  of  each country  must  begin  to  take  shape. Redemption strategies that will create healing and forgiveness while upholding international standards must begin now.

    The basic tenets of social reconstruction, healing, reconciliation, restoration or reclamation are the needs for post-war communities or PEV communities in Kenya and elsewhere in Africa.  To define and take ownership of the process of justice and reconciliation, peacemaking and peace building the AU must take these pillars seriously.

    Mr. Chairman ,these are not  sustainable unless their  form  and content  are shaped by  local actors in  the  case of  the  African cases, it must  be African themselves to have this dream come true. The danger here is the way the ICC chief Prosecutor's office and in particular the outgoing Chief Prosecutor Luis Moreno Ocampo who politicized all the African cases has left Africa bleeding and has wronged Africa.

Mr. Chairman,  indeed     there is growing support in favour of combining customary models with western models to form a kind of "legal pluralism  that could leave and give the institution of ICC credibility on the African continent. The new Chief Prosecutor must do a fatigue evaluation and consider a new start on most of the cases of Africa. This credibility has been eroded by the flawed methods and turned ICC as Kangaroo court  that  only listens to  its European masters. Mr. Luis Moreno Ocampo while investigating most of the African cases did not aim at preventing future conflicts. Ocampo created grave yard of international justice as seen from cases of Kenya.

Mr. Chairman  of  AU  Commission,  and  all  those  African  Justice  Ministers attending the meeting in Addis Ababa I believe my contribution to the debate of setting up an African court of Justice will enhance your deliberations . I respect ICC but I loathe the outgoing Chief Prosecutor who has left a bad influence of, hollow and shallow legacy In the OTP (flawed,corrupt, fake and unreliable testimonies  for Africa).  I believe the incoming Chief Prosecutor will not sink to the depth of headline grabbing Luis Moreno Ocampo who will be pursued and haunted by many self-inflicted scandals as he leaves office next month.



Yours truly,

Chairman/ CEO Africa world Media Ltd. CEO, The London Evening Post.
Investigative Journalist / Conflict Resolution Expert.

Former Leader of Peace Delegation and Chief Negotiator: Government  of Uganda (GOU/ Lord Resistance Army (LRA) AU/UN/EU sponsored Peace Talks Juba South Sudan 2006-2008.

c.c

 

1. President Yoweri Museveni, State House Entebbe Uganda.

2. President Mwai Kibaki State House Nairobi Kenya

3. President Jakaya Kikwete  Dar-el-salaam Tanzania

4. President Robert Mugabe  Zimbabwe House Harare

5. President Kagame  Kigali Rwanda.

6. President  Nkurunziza Bujumbura Burundi.

7.Vice- President Dr. Riek Machar Juba South Sudan

8. President of ICC The Hague

9. HE Dr. Ruhakana Rugunda  Minister of ICT Uganda Kampala

10. Former President Thabo Mbeki South Africa, Johannesburg.

11. Former President Jaochim Chissano  Mozambique Maputo.

12. Prof.Sam Ogeri Minister of Foreign Affairs Kenya

13. Hon.Oyrem Qkello Uganda's Acting Minister of Foreign Affairs.

14.  Baroness Catherine Ashton  EU External Affairs  Commissioner (for

EU)



NEWS aCROSS AFRICA


 



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About me

Name:David Nyekorach - Matsanga (PhD)
Work: Publisher, Owner, Chairman of Africa World Media Ltd Specialist: Political Science, African History, Governance, Democrary, Great Lakes Region, Conflict Resolution, Media Impact on Africa, International Management and Lobby work
Location: London, Surrey UK


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