Court Order Against Bashir Is Disrespective
A court order barring Al Bashir from moving out of South Africa is devoid of respect. The order that was issued by a high court in Pretoria on behalf of the international criminal court, ICC was expedited on request by a human rights group in South Africa. This order must not be respected as it is totally against diplomatic respects, truth, justice and international democracy.
Firstly Al Bashir is the president of the sovereign state of Sudan. He must thus enjoy the universal immunities and privileges that come with the office of the president. Just the same way criminal proceedings against President Jacob Zuma cannot be currently started in any court in South Africa.
The ICC, as an institution will not solve the problem of Volatile politics in Sudan by Arresting Al Bashir. This will only amount to humiliation of his personality, his country and finally injure political dignity of the states of Africa. Extra focus by the ICC on arrest of Al Bashir is not about justice to the people of Sudan, but instead it is only the overtures of conflictive world politics between the western powers and the Arab world that have recently led to unfair trials of Osama Bin Laden, Saddam Hussein and Colonel Mummar Gaddaffi.The western powers masterminded deaths of above leaders but still the world society has not yet ripped any fruits. There is still war and deaths in Afghanistan, Iraq and Libya.
What the Western powers and institutions should do in resolving problems of conflict prone areas like Africa, Middle East and the Arab world is to play honest politics and international relations, help in governance, citizen empowerment, infrastructural development, and fair trading deals with the Countries in this regions. But not shameful arrest of the sitting presidents of the Countries in the very regions. In fact the Western powers and political organizations must help the African states to establish the African court that is equivalent to the ICC, so that political crimes committed in Africa can be tried and punished in Africa. But not to campaign for arresting of the leaders from Africa .Especially those leaders that are not pro-western in their ideology to the ICC.This type of relationship is against the obvious feelings and consciousness of the people in Africa. It is an impeachment to African nationalism.
Going by history, ICC has not helped societies in Africa to see justice. If we can go by Kenya’s example. The ICC, perfected criminal proceedings against President Kenyatta only to weaken his political stature but not to execute justice to the victims of post election violence that took place in 2008.The ICC began a flawed criminal proceeding, without reliable evidence, against President Uhuru Kenyatta. This was nothing else other than legal gymnastics to disorient President Kenya from his political endevours in Kenya. Very disrespective.
Another imperative question is this; xenophobic outbursts that have been regularly observed in South African are also criminal responsibilities .In fact Xenophobia as a state of the mind is an element of crime. In law of crime, xenophobia is a mens rea or the malicious forethought that results into physical commission of crime. And indeed very many people have been vandalized; mayhemed and extorted in South Africa. It let to forceful movement of people. These consolidate into a crime against humanity which lies in the jurisdiction of the international criminal court. Why are the human rights group and court in Pretoria not seeing this? Only to see Al Bashir.Is this not the act of populist activism that has no utilitarian benefit other than disgracing an elder in the stature of Al Bashir?
Alexander Khamala Opicho
Lodwar, Kenya.