H. E Dr.  Ruhakana Rugunda
Rotating Chairman United  Nations Security Council.
New York
U.S.A


Your Excellency,


ICC ACTIONS MIGHT BECOME A THREAT TO PEACE IN KENYA.
We refer to our previous letters to UN Security council regarding the Kenya and Sudan situation and the behavior of the Chief Prosecutor of ICC which  we believe have together with other complaints from international observers forced the UN Security council to detail his road map on Kenya case.


We want to thank the UN Security council for summoning the ICC Chief Prosecutor to the UN Security Council  next week to answer some of the allegations about his  professional conduct on many African cases. for the trust they have put in you to steer the UNSC for the month of October 2010.  We want to  draw your attention on the situation that is developing  in the Great Lakes region and especially  the Kenya situation  where peace   is being threatened by  one of the arms  of  the UN,   the International Criminal Court(ICC) at The Hague.


Africa world Media Ltd notes  that the recent political shuttle diplomacy and fallacy  by both Dr. Kofi Annan and ICC   Moreno Ocampo   on the  Kenya situation is  worrying,  degrading and eroding the credibility of the framers of  ICC  Rome statute of 1998 and the UN powers on the ICC . The need for international justice  inspired the UN   to establish the court in 1998. The Prosecutor’s   departure from the founding  aims and objective  has placed the his office  at crossroads with many African  countries  where the ICC has tried to bring justice for the victims.


It is now crystal clear that  the architects of the Rome Statute of 1998  have been  exposed by the  UN Report on  DRC episode that was published  at the beginning of October 2010 . This  report is an indictment on  the credibility of former Secretary General of the UN Dr. Kofi Annan who was the main pillar of the creation of ICC in 1998. The cover up of masscares in DRC , and the failure to act by the UN between 1994-2003 on impunity and crimes committed in DRC   casts doubts on the “eminent person status” of Dr. Kofi Annan. The meetings that Dr. Kofi Annan is setting up in Kenya to assess the Kenyan performance are preparations and “ advance party  activities   of Moreno Ocampo’s road map” of dismembering that country.


Your Excellency  , in  lodging this censure process we are seeking an international redress and evaluation process of the conduct of Chief Prosecutor’s Office  by  the UN Security council  or its organs that deals with such cases and malpractices that we have  cited  below. We request that under your Rotational Chairmanship of the UN Security Council you  allow the  UN body to institute  neutral investigations into the conduct of ICC Chief Prosecutor and the entire conduct of the OCP( Office of Chief Prosecutor ) on the Kenyan case as matter of urgency due to the threat to peace in the region .


Africa World Media Ltd and many of its affiliate lobby groups  in Europe and USA  are further requesting the UN  Security Council to invoke  Chapter VII  of the UN Charter   that speaks of “threat to peace  under Article 39, and 40” which empowers the UN Security Council to intervene  and stop the ICC from any investigations that  are deemed as international  threat to peace. The Kenya case now fits the situation and falls under the Chapter VII of the UN Charter.  Kenya needs  to put its new Constitution in place soundly  and ready to catch the perpetrators of PEV when there is a new police force guidlines, a new judiciary and many other legal requirements that fall on side of law and order in Kenya.


The newly born Second Republic of Kenya  is under siege and might disintegrate if ICC goes  ahead with indictments  that might rekindled tribal feelings in Kenya. Given that the Chief Prosecutor  has not concluded any case in ICC and will not conclude any case of Kenya before 2012  General Elections  it would be prudent enough for UN Security Council to step in and halt any further investigations or indictments  for another 12 months so that the country puts its laws in place for the proper functioning of ICC in Kenya.


Africa world Media Ltd and its affiliate lobby groups have serious evidence from the Chief Prosecutors office in The Hague that indicates that Mr. Moreno Ocampo is heading for the top leadership of that country Kenya. “Those bearing higher criminal responsibility not  mere criminals who were throwing stones and who were not the leaders of political institutions” . Those who were opposing  and questiong the legitimacy of elections and those who wanted to tussle for  power in  post election violence( PEV) . Then there are four others in  the second  category  who  closely worked  under  orders from category A of those he is seeking for in  higher responsibility  in the Kenya situation.
H.E  Dr. Ruhakana Rugunda  has it occurred  to  you that the Chief Prosecutor  Mr. Moreno Ocampo  might be  targeting  the highest leadership of Kenya : Those  who bear high  criminal  responsibility in the Kenya situation?  I am simply  thinking   aloud as an odinary  African peace lover  who together with other agencies  have  been also investigating Mr. Moreno Ocampo for months and have  been following Mr Moreno Ocampo conduct since 2004 of the first indictments in Uganda . The very language used in description and the way he has done it elsewhere makes my point very valid.  Is there any other interpretation that might convince us as   Africans that Mr. Moreno Ocampo is  not going to indict the apex of the Kenyan  government there by plunging the country into anarchy?
History is on my side,  similar sentiments were echoed in the case of Sudan Darfur where the Chief Prosecutor Moreno Ocampo was given access into Khartoum and even dined with President Omar Bashir  before he issued warrants of arrest  3 days later.   

 Kenya is healing:
The country is beginning to heal from the 2007-2008 crisis  that were partly engineered by the USA through their envoys in Kenya . It is very surprising that the same USA administration that recognized one side in the Kenya Elections of 2008 and failed to bring a tangible proposal on table to bring peace in Kenya is the same government calling on Kenya government to co-operate with ICC and even to arrest President Bashir yet the USA Government have refused to ratify the ICC fearing many repercussions on the Iraq and Afghanistan crisis.
Why we think Kenya has been targeted as specimen and why we seek redress.

  1.  It is now common knowledge that among  the international community members especially in the third world countries ,  one of the problems bedeviling Mr. Moreno Ocampo and the ICC  is the “question of seeking justification and trying to attain  legitimacy” by using a simpler case of Kenya to seek international approval  of his existence as a chief Prosecutor and the ICC. The office of the Chief Prosecutor is trying to raise stakes  on the” Kenyan case whose threshold  is low  and can be handled by national courts in Kenya ” Judge Hans-Peter Kaul  agreed in the Pre- Trial Chamber 11 ruling  during the first hearing that the Kenya’s case does not merit ICC intervention  and there are possibilities that Mr. Ocampo might not meet the standards of  burden of proof in the  next round .  If it fails, it wastes money for an organization that relies on  citizens of the world to support its work. So there is need for UN to step in and suspend the investigations.
  2.  Mr. Moreno Ocampo’s  rating has plummeted to lowest level in the “Thomas Lubanga case especially when   the UN leaked and final reports on DRC.  There are  many other actors whom  Mr. Ocampo  deliberately and   intentionally refused  to summon to ICC for the case” .  All cases  that  Mr. Moreno Ocampo has handled stop at stage two of the courts and stall for years.  How sure are we that the Kenya case will be completed before 2012?  Doesn’t the UN Security Council invisage  a scenario  where more violence and confusion  couldl emerge over the arrests of top leadership in Kenya?     
  3.  Many international y organizations have equally prepared  documents of facts  on the Kenya case and have handed  them over to the Judges including video clips of what happened in Kenya. It is important that  the UN security Council  looks  at the independent information before it  allows the Ocampo team to go ahead with indictments in Kenya.
  4. The Chief Prosecutor has “made alarming political statements not law statements” regarding Kenya in  several address to international press  quote “ I will use Kenya as an example to the rest of the world that impunity cannot be tolerated “ Such a statement is  political than judicial  material. A statement of this nature  goes to support our findings that Moreno Ocampo has a desire to dismember Kenya in order to legitimize his moral authority that  has dwindled  with the  revelations in the UN report on DRC.  To safeguard the institution of ICC the UN Security council should direct the UN Secretary General to start a censure process on Chief Prosecutor of ICC before he presents the Kenya case.
  5. It is regrettable that most of the “ICC cases are from African continent as if the court was only created to stop impunity in Africa alone”. It is now a fact that Mr. Moreno Ocampo’s cases have been    concocted or doctored  and  tampered with political undertones and based on politics of ethnicity and tribal bigotry in countries where ICC has tried to investigate. The Kenya situation  is clear that the ICC in using tribal enclaves in Kenyan politics to investigate. This has thrown tribe against tribe and  has tainted ICC  image and impartiality. This has also dented the UN Security Council that mandated him to carry out the duties of the Chief Prosecutor at ICC.
  6. It is also clear from the records of Pre- Trial Chamber 1  and Pre- Trial Chamber 11 proceedings that “ICC has withheld   credible evidence from the defense in many cases”  in  the courts for reasons known to the Chief  prosecutor and this has killed and wasted  international taxpayer’s money and  time in cases that are before ICC. The case of Thomas Lubanga, The current  case of Bemba, the case of President Omar Bashir, all have holes of dishonesty and pressure from  third forces in international web of conspiracy .  “These are serious allegations  and  deserve an inquiry by the UN Security Council and not to be   washed away with impunity”.
  7. The current  cases  that are before court either lack concrete evidence to pin down the culprits or have been “impartially  investigated due to pressure from a third force that has not signed the ICC Treaty of 1998” .  This is outright  corruption of the highest degree done by Mr. Moreno Ocampo and his sponsors in some countries that are bent on victimizing Africans. Mr.  Moreno Ocampo has taken private  visits and meetings with  some leaders of  nations and received some form of  bribes , concessions  and holidays( from counties that we have evidence)  to indict some Africans. This is contrary to the laws of  ICC. We shall soon table our   evidence of our full  investigations from documents and letters implicating Mr. Moreno Ocampo in the “second phase of our quest for censure process” by the UN Security Council if the UN fails to halt and investigate the ICC operations on Africa. 
  8.  The Chief Prosecutor of ICC has turned the ICC into a “political propaganda machinery of shame and disbelief” in the eyes of international community that seeks and yearns for justice for victims of crimes committed in the some parts of Africa.    The case of Thomas Lubanga that has collapsed twice before the Pre- Trial Chambers bears all the hallmarks of dishonesty, bias and unfairness based patronage that is embedded in Chief Prosecutor’s  methods of work. 
  9. The “UN  leaked  Report and its final  version  on Human Rights in DRC 1994-2003” that are in public domain now speak volumes of the double standard of Dr. Kofi Annan and Chief Prosecutor Moreno Ocampo. Take the case of Thomas Lubanga who did not act alone in DRC war and “is standing trial  in The Hague without those with Criminal responsibility that Mr.  Moreno  Ocampo  talks about in his doctrine of justice in the   Kenyan case”. Surely what does the UN  Security Council  have to say to those who were victims when it has protected  all the perpetrators and suppliers of arms to Thomas Lubanga in the DRC case? Where is Justice in the ICC?   The  Chief Prosecutor indicted one side in the Thomas Lubanga case and left those who are now condemned by the same UN Report for having armed and supplied guns  to assist Thomas Lubanga to recruit children, mutilate and rape women in DRC.
  10.  The case of “Mr. Bemba of DRC raises a lot queries than answers” to international community who seek  equitable justice not Ocampo manifestations . Mr. Bemba was invited by current leadership of Central African Republic (CAR) to help and stop a mutiny.  Mr. Bemba’s hosts  in  CAR have either been left scot free or given a green light by ICC  to kill more people while one side that of Mr. Bemba  has been indicted on the basis of patronage politics than the ICC investigations.  These are  serious flaws of international justice and  against international natural justice   that inspired the same countries in the UN to create ICC in the first place.

Lastly Your Excellency , as an international lobby group we now give notice that since you have now summoned Ocampo to brief you wand beraing in mind the previous communication on the same  we  ask the UN Security Council to initiate its own investigations on the above serious  allegations and bring to the attention of the UN members the flaws in ICC operations in Africa.


We also want to initiate the process and lobby member states to ask the UN  Security Council to invoke Chapter VII Article 39, 40 and Article 16 of  the Rome Satute seeking a deferral for 12 months renewable so as to allow Kenya to put its new constitution and other legal institutions that will help the ICC in implementing the results of its investigations into the Kenya case.


Article 16 of the Rome statute  states that:  Deferral of investigations or prosecution .
No investigations or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the UN Security Council , in a resolution  adopted under  Chapter VII of the Charter of United Nations, has requested the court to that effect , that request  may renewed by the council under the same conditions
We further note that Kenya has not been given adequate time and free conditions for it to carry out its responsibilities as stipulated in Article 17 1a, b, of Rome Statute  which Judge Hans Peter Kaul of the Pre- Trial Chamber based on to make  his disagreement with others in the court ruling.  This forms a basis of a “deferral by UN Security Council so that the country of Kenya can put its house of constitutionalism” in order. There are signs that the case might not have pinning evidence given the nature of  “political expediency that has patronized Mr. Moreno Ocampo’s mission in Kenya”.


Therefore Your Excellency , we beg to move that the UN Security Council under  your rotational Chairman ship and being a neighbor of Kenya,   whose tragic events if repeated in that country will affect you as a Ugandan and will leave a political deficit on your part, allow the censure process to begin or instruct the UN Secretary General to institute an  urgent inquiry in the operations of ICC with the view of not covering up as it was the case of DRC that still haunts the UN as an international Justice and peace keeper.


We are aware of the procedure needed and our international  partners in USA are moving in that direction. The Kenya  matter does not need the permission of the Kenyan government or any other individual in this world since the country itself failed to raise the matter of deferral and the current global village needs networking on global matters like the case of Kenya.  It is now the  duty of the UN Security Council to determine validity of the findings against Ocampo.  We leave the case   before the eyes` of the UN Security Council that has powers to stop the investigations or allow Kenya to disintergrate into tribal enclaves that have killed Somalia. We stand the time of history to record our organization as one  that has  voiced  concerns over ICC’s handling of the Kenyan  and African cases.  Our sister friendly country in the UN security Council will in the next 7 days from the receipt of this letter  bring a draft resolution to the bearing of the UN security  Council  as required. 


Your Excellency , it is  therefore a fallacy for the Chief Prosecutor of the ICC to tell the world that there is no route left for recourse to  international obligations and mechanisms of stopping  his Kenya investigations that are themselves a threat to peace and stability of the region that has several Al- shabaab  and Al-Queda terrorists assembling their asernal North west of Kenya in Somalia. We have a duty as citizens of this world to point out dangers and threats to peace .


Mr. Moreno Ocampo is a problem to peace in Africa not a solution to the many difficulties that our continent faces. Be reminded that  the  Kenyan government needs to concentrate on the Security situation that is emerging from the Somalia conflict where the security Chief in the country need to be alert instead of filling bundles of Mr. Moreno Ocampo documents which can wait for 12 months . Most of the suspects will be available if God has not called them but the government needs to  have time to even resettle those displaced by the PEV instead of opening new rounds of conflict in the healing wounds .  Kenya needs to have time to prepare for the security  of the country that has once been targeted by Al- Queda not be molested by Mr. Moreno Ocampo the Chief Prosecutor.
Thanking you  in advance

David Nyekorach- Mtsanga  ( PhD )
For and on behalf of Africa world Media Ltd and its affiliates Lobby groups.


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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