No alternative to ICC Political experts have criticised Namibia''s plan to withdraw from the International Criminal Court (ICC) and advised that the country should help to transform the institution instead.In November last year the cabinet approved a recommendation by the Swapo Party to have Namibia withdraw from the world court, following the example of Burundi, South Africa and Gambia.
Asked about progress made on this recommendation, the press secretary of the office of the president, Albertus Aochamub, said: “Namibia definitely has taken a position, and that remains as per the president''s address to African leaders at the African Union (AU) Summit last year.”
Aochamub added that due process must be followed in implementing such a decision and it takes time.
During the AU summit last year President Hage Geingob criticised the ICC and said Africans have a right to withdraw from it if they no longer agree with it.
“When one creates something to be an asset but later on it becomes an abomination, you have right to quit it since it has ceased serving its intended purpose,” he said.
However, DTA leader McHenry Venaani argues that Namibia should re-engage the institution on its approaches instead of leaving it.
According to him, leaving the ICC would give some countries carte-blanche to commit atrocities against their people in the name of sovereignty.
No alternative
Constitutional law expert Professor Nico Horn says he sees no alternative to the ICC because African countries are not willing to give up a bit of their sovereignty.
According to him plans to establish an African court to replace the ICC are doomed from the beginning.
“If Africans leave the ICC then there will be no alternative. Look at the SADC tribunal, it fell down when President Robert Mugabe of Zimbabwe was not happy with one of the judgments,” he said.
Horn also said Africa cannot suddenly bury its head in the sand and blame indictments on the ICC when African leaders were the ones who sent Africans for prosecution.
“The only indictment by the ICC was Kenya but it failed because Kenyans did not want to testify against their president. Most Africans indicted by ICC were sent by its own leaders. South Africa, for instance, agreed to the indictment of Muammar Gaddafi,” said Horn.
Gaddafi, the late Libyan leader, was indicted by the ICC in 2011 and was eventually killed by French-led NATO forces.
According to another political analyst, Graham Hopwood, Namibia needs to encourage and be part of global attempts to protect human rights such as the ICC.
“The ICC is not perfect and its apparently selective application in terms of prosecutions is problematic, but we should build alliances with other African countries and nations beyond to press for its reform rather than walk away. Africa has the largest bloc among ICC members and can use this presence to improve the ICC''s accountability,” he said.
Hopwood echoed Horn''s sentiments that there is no alternative to the ICC and that Africa should try and make it work.
“Unfortunately the African Court of Justice and Human Rights is not operational so there is no alternative to the ICC - we should just try to make it work.”
Bias
Political analyst Hoze Riruako said African states feel there is legal prejudice against African leaders and that it cannot be a good thing if only Africans are part of the institution.
“What is good for the goose must be good for the gander. Why are only African countries part of it? Why must Africa be at the mercy of others?” he asked.