Saturday, July 5, 2014

African dictators vote themselves immunity from new human rights court

(The Guardian) For years, African governments have accused the international criminal court of unfairly targeting leaders from the continent. Their proposed alternative – the African court of justice and human rights – was intended to give the continent a home-grown solution. But on Monday, in a move that one rights campaigner called an own goal, leaders stripped the court – which has yet to begin work – of power to prosecute them for genocide, war crimes or crimes against humanity.

At an African Union summit last week in Equatorial Guinea – often spotlighted for its own rights abuses – heads of state and officials voted to grant sitting leaders and senior officials immunity from prosecution. The immunity would be valid only while officials are in power, but critics warned it could further encourage attempts to seize office for life. Zimbabwe's Robert Mugabe is the world's longest-ruling leader, and African heads of state make up roughly half of the globe's top 10.

The decision rolls back half a century of developments in international human rights and criminal justice law, said Kenyan activist Njonjo Mue. Other courts of last resort, such as the international criminal court (ICC), can prosecute sitting or past leaders who typically have immunity in their national courts.

"It's a joke," said Mue, programme director at the Nairobi-based Kenyans for Peace With Truth and Justice. "The [African] court has been cited as an African solution to African problems, but by granting themselves immunity they put themselves out of reach of the institution. Ninety per cent of the crimes [the court investigates] will be by senior officials in power … It's an own goal because it means victims have no choice but to turn to the ICC for justice."

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