[allAfrica.com] Global Court Grapples With Teething Problems Business Daily (Nairobi) ANALYSIS 16 August 2007 Posted to the web 16 August 2007 By Muriuki Albert Nine years ago, a conference of 160 states, including Kenya, converged on Rome and adopted the Statute of the International Criminal Court (ICC) leading to the creation of the first ever permanent international criminal court in the world. Last month, the ICC celebrated its fifth year of existence amid raising interest in its activities, particularly among African states, especially so since Africa has been the only region to have cases at the court. The President of the ICC, Philippe Kirsch, a Canadian of Belgian origin, was a happy man as the ICC celebrated its fifth anniversary. But while appreciating its work, he acknowledged that ICC faces several challenges. "The Rome Statute reflects the international community's high aims for the court: to put an end to impunity, to contribute to the prevention of the most serious international crimes and to guarantee lasting respect for and enforcement of international justice," said Mr Kirsch in an email sent to all staff of the ICC on the anniversary celebrations on 17 July. The celebrations also came with good tidings for the court, the second largest economy in the world, Japan, joined its board, leading many to believe that the largest economy - USA - would soon stop its obstinate resistance to the ICC and join it too. On 1 October, when the Statute will enter into force for Japan, the total number of state parties to the Rome Statute will be 105. The entry of Japan, which will become its biggest donor, contributing 19 per cent of the Sh7.9billion annual budget, also shows the court's changing fortunes, not only on the global arena but also in America's attitude: America has moved from outright hostility to some cautious if not friendly signals, evidence that the scepticism and fear it regarded the ICC with is waning. During this year's American Independence Day celebrations, Mr Kirsch was invited to attend the fete at the American embassy at The Hague. That was telling. A few years back, an ICC official told me that when the body came into being, staff at the American Embassy in The Netherlands were banned from having any contact with the body, "they even feared having drinks with us," he said. Japan's entry also shows the continuing isolation of the US on the international scene and the continuing erosion of its image among world states after its Iraq war debacle. A day after Japan joined the ICC, America's biggest ally, the United Kingdom, welcomed the move and called on other states to join. "Japan's accession is a further step towards our goal of consolidating the ICC as a truly global court," British Minister for Africa, Asia and the United Nations Mark Malloch-Brown said. "Having Japan on board is important in itself, but should also encourage more states to join the ICC," he said, adding that Britain looked forward to working closely with Japan in pursuit of their "shared objectives as state parties." Such a statement, coming from a high ranking UK government official, speaks volumes of the prevailing mood in the international arena regarding the ICC and America's absence. But like all things legal, political and economic, Japan is trying to have a bigger say and stake in the running of affairs at the ICC. A week before joining the ICC, Japan endorsed Fumiko Saiga, its special envoy on human rights issues, to run for one of the three vacant positions for a judge at the ICC. Chances that Fumiko will clinch a post are high. Although Kenya continued in its disappointing trend of not going for such high level international jobs, neighbouring Uganda has nominated Prof Daniel David Ntanda, a professor of Law at the University of Botswana, for the post. Hopefully, in the spirit of East African cooperation, Kenya will support his candidature. Currently, the court is investigating crimes in four countries: Uganda, the Democratic Republic of Congo (DRC), Sudan (Darfur) and the Central African Republic, and has issued seven arrest warrants. The ICC still has much to do. Many argue that its mandate is too restrictive and should be enhanced to include giving it powers to prosecute corporate entities implicated in violations of human rights. As evidence has shown in Africa, most, if not all, the conflicts on the continent are fuelled and financed by large western corporations who want to exploit the continent's vast natural resources. Conflicts in the DRC and Sierra Leone attest to this. Even in Darfur, many argue that the slow pace of bringing suspects to book is because of vested interests of corporations from countries sitting on the United Nations Security Council slowing down justice for the sake of the country's large oil resources. In the past, allegations have been made against De Beers for buying diamonds in Sierra Leone, through collaboration with a rebel group, helping it rise up to Sh8.1billion and thus fuelling the war that claimed thousands of lives. Oil companies such as Exxon Mobil and British Petroleum (BP) have been accused of funding the forcible transfer of individuals from their land in countries such as Angola, while timber companies have been accused of dealing with deposed Liberian leader Charles Taylor. Commit atrocities Ms Desislava Stoitchkova, a law lecturer at the University of Utrecht in The Netherlands, has confronted the issue of the ICC dealing with corporate bodies violating human rights. Ms Stoitchkova explains that during preliminary meetings in Rome, many non- governmental organisations and scholars had hoped that the ICC would have jurisdiction over corporations. She explains that prosecuting corporations could have been beneficial since it would act as a deterrent to their getting involved in governments and groups that commit atrocities. The way forward, according to Ms Stoitchkova, would be to hold corporations accountable under the ICC Statute by giving the body power of jurisdiction over them. Although global politics dictates that Africa will be a testing ground for many of ICC's ventures, African states should ensure that the institution helps them and rebut any meddling that may prove to be against the economic and social well- being of its people. Muriuki, a Business Daily reporter and an Advocate of the High Court of Kenya, was recently on internship at the ICC. =============================================================================== Copyright © 2007 Business Daily. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). ===============================================================================