Continued Rejection of the ICC in West and East Africa

It is not new to read of African governments ignoring or rejecting the International Criminal Court (ICC)’s claims to jurisdictional authority. But two stories this week reinforce the idea that many key players on the continent are willing to cross the Court.

First is Sudanese President Omar al Bashir’s attendance at an African Union summit in Abuja, Nigeria. The ICC issued a warrant for Bashir’s arrest in March 2009, in connection with war crimes in Darfur. His travel itinerary since then charts a map of ICC rejection across Africa and beyond. While Nigeria is the first West African nation to host Bashir, it joins a trend that includes several other countries and the African Union itself. From the BBC:

Mr Bashir has visited numerous African countries since the arrest warrant was issued – including Ethiopia, Kenya and Djibouti.

Only Botswana and Malawi have threatened to arrest him.

In May, the AU called on the ICC to drop war crimes charges against Kenya’s President Uhuru Kenyatta after accusing it of “hunting” Africans because of their race.

Mention of Kenya brings us to the second news item from this week: Yesterday, the ICC rejected another request from Kenyan Vice President William Ruto, who like Kenyatta faces charges at the Court, to hold his trial in Africa.

The election, in March of this year, of Kenyatta and Ruto seemed a rebuke to the Court. Both men have been under indictment since March 2011 in connection with election/post-election violence in 2007-2008. David Bosco, writing shortly before Kenya’s most recent election, spelled out some potential consequences that a Kenyatta victory might have for the Court. One of these is particularly noteworthy in light of the Court’s decision on Ruto’s request for a trial location change:

That a freshly elected African head of state will bear the burden of ICC indictment would likely worsen already poor relations between the court and African officialdom. Many African leaders have argued that the ICC, which to this point has indicted only Africans, systematically ignores crimes committed in other parts of the world. At various points, African leaders have discussed withdrawing en masse from the treaty that created the court or, more likely, empowering a regional court to investigate atrocities, thereby displacing the ICC.

The ICC’s decision to keep Ruto’s trial in The Hague may strengthen such sentiments among some African leaders.

From both Nigeria and Kenya, then, I see fresh examples of the difficulty the Court is having in achieving legitimacy and recognition in Africa.

Africa Blog Roundup: Susan Rice, Mali, Darfur, Kenyan IDPs, and More

Africa in DC: “What Does Susan Rice’s Appointment as National Security Adviser Mean for Africa?”

Bruce Whitehouse:

As French troops hunted Islamist fighters in northern Mali this past winter, historian Greg Mann said that what was taking place in the region was not one war, but several. For a few months starting in January 2013, the various armed conflicts that had broken out over the previous year appeared to converge, as did French and Malian interests. But, as Gregreminded us in March, the French government’s war was not the Malian government’s war. And now it seems that Mali’s war — after a long hiatus — is starting up again, and breaking away from France’s war.

For weeks there have been rumblings of an impending resumption of armed conflict between Malian government forces and the MNLA separatist rebel group that controls the northern region of Kidal. Rumors of Malian troop movements north of Gao have been circulating since February. But this week these were joined by an army statement that government forces had massed midway between Gao and the rebel-occupied town, and by news today that Malian troops took the village of Anafi, 100 km southwest of Kidal. Areport on Malijet claims that Malian soldiers are within 35 km of the town, and that MNLA forces are retreating toward Algeria; a similar report has appeared on Reuters.

Amb. John Campbell: “Racism in Mali and the Upcoming Elections.”

Aly Verjee:

The second honeymoon of Darfur’s Doha peace process lasted just over a month. On April 6, Mohammad Bashar, leader of the Justice and Equality Movement-Sudan (hence referred to as JEM-Bashar) signed the Doha Document for Peace in Darfur (DDPD; English, Arabic) in the ballroom of the Doha Ritz-Carlton hotel.
In Doha, Bashar told delegates he was looking forward to going home. On May 12 he was dead, killed on the Sudan-Chad borderlands at the hands of his former comrades in the mainstream Justice and Equality Movement (JEM).

Internally Displaced: “Kenya and South Sudan – The Border Question Resurfaces?”

Africa UP Close: “Youth Farming and Aquaculture Initiatives Aim to Reduce Food and Political Insecurity in Senegal.”

Prisca Kamungi: “Municipal Authorities and IDPs Outside of Camps: The Case of Kenya’s ‘Integrated Displaced Persons’.”

What are you reading?

Africa Blog Roundup: Algeria, Somalia, Michel Djotodia, South Sudan, and More

The Moor Next Door: “Comments on Algeria.”

Baobab has a video analysis of the London conference on Somalia.

Missed this during my hiatus in April, but it’s still relevant: Louisa Lombard‘s biography of Michel Djotodia, the rebel-turned-leader of the Central African Republic.

Amb. John Campbell: “What Next for Nigeria’s Oil Patch?”

Dibussi Tande: “President [Paul] Biya [of Cameroon] Appoints Thirty Senators.”

Roving Bandit: “So What Exactly Just Happened to the Economy of South Sudan?”

Via Amb. David Shinn, the Spring 2013 bulletin of the Sudan Studies Association (.pdf).

Africa Blog Roundup: Kenya, Mali, Algeria, Ethiopia, and More

Ken Opalo gives some important information about the results of the Kenyan presidential election, as well as some things to look out for in the coming weeks.

Kate Almquist Knopf: “Send an Ambassador, Not an Envoy, to Khartoum.” (via Amb. David Shinn, who gives the idea his qualified support.)

Bruce Whitehouse on Mali: “The North, the Army, and the Junta.”

Amb. John Campbell: “Mali Intervention Becoming a Partisan Issue in France?”

The Moor Next Door: “Algeria Plays Defense.”

The Gulele Post: “Ethiopia’s ‘Jihad’ Film and Its Boomerang Effects.”

Dibussi Tande: “Cameroon’s New Senate: An Unnecessary (Anti)Democratic Anachronism.”

Baobab: “Laurent Gbagbo and the ICC: Watching and Waiting.”

Carmen McCain rounds up reviews of the novel Sin Is a Puppy, and asks, “How many Nigerian novels published in Nigeria get this kind of critical response? We need to do better.”

Africa Is A Country: “Dirk Coetzee Is Dead: The Legacies of Apartheid’s Death Squads and the TRC.”

Shelby Grossman with a few links on piracy in Somalia and poverty in Nigeria.

Africa News Roundup: Kenyan Elections, Jonathan in 2015, Meth, and More

The big news for the coming week will be, of course, the elections in Kenya on March 4. The BBC profiles the candidates here.

Reuters:

Opponents [of Nigeria's President Goodluck Jonathan] within his own party say since he has already been sworn into office twice, another term would break the constitutional two-term limit. Cyriakus Njoku, a member of the ruling People’s Democratic Party (PDP), brought the case.

But Justice Mudashiru Oniyangi of the High Court in Abuja rejected that argument.

“After the death of Umar Yar’Adua, there was no election. President Jonathan was merely asked to assume the office … in line with doctrine of necessity,” he said.

“He is therefore currently serving his first tenure of office and if he so wishes, he is eligible to further seek his party’s ticket … to run for office in 2015.”

Njoku did not say whether he would appeal to the supreme court.

In my view Jonathan is highly likely to win the 2015 elections.

AFP:

Efforts were underway Friday to confirm the killing of a notorious Al-Qaeda commander during fighting with French troops in Mali, with Washington calling reports of his death “very credible”.

Algeria’s independent Ennahar TV reported this week that Abdelhamid Abou Zeid, a chief of Al-Qaeda in the Islamic Maghreb (AQIM), was killed in northern Mali along with 40 other Islamist militants.

In Washington, a US official speaking on condition of anonymity said reports of his death seemed “very credible” and that if Abou Zeid was indeed slain “it would be a significant blow to Al-Qaeda in the Islamic Maghreb.”

French officials have so far reacted with caution, with President Francois Hollande saying Friday: “Reports are circulating, it is not up to me to confirm them.”

Bloomberg relates that Sudan is reinforcing troop levels in Blue Nile State.

Jeune Afrique (French) on Gao, Mali.

Europe1 (French) reports that Boko Haram is attempting to recruit youth in Cameroon. “Today, dozens of members of the religious sect are in prison in Cameroon. It is to obtain their liberation that the group chose to kidnap seven members of a French family last week in the northwestern part of the country.”

VOA: “Methamphetamine ‘Growing Concern’ for West Africa.”

IRIN: “Why the Sahel Needs $1.6 Billion Again This year.”

Sudan: A Cross-Amputation in Political Context

Q 5:33 is rendered, in Abdullah Yusuf Ali’s translation, “The punishment of those who wage war against God and His Apostle, and strive with might and main for mischief throughout the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land. That is their disgrace in this world, and a heavy punishment is theirs in the Hereafter.”

On February 14, Sudanese authorities carried out a “cross-amputation” against an accused highway robber named Adam al Muthna. According to Human Rights Watch, “Muthna was convicted of armed robbery (Haraba) under article 167 of the 1991 Sudanese Penal Code in relation to an armed attack on a truck carrying passengers between North Kordofan and East Darfur in March 2006.” HRW adds,

Article 168(b) of the Sudanese Penal Code provides cross amputation as a penalty for armed robbery when it results in grievous injury or involves the robbery of property equivalent to an amount decreed by the judiciary, currently set at 1500 Sudanese Pounds (approximately US$ 340).

Amputation as a form of corporal punishment was incorporated into Sudanese law in 1983 when then-President Gaffar Nimeiry introduced Islamic reforms known as the “September laws.” Although sentences imposing amputations have been handed down under those laws, there are no known cases since 2001 in which such sentences have been carried out. Human rights groups had hoped this signaled a de facto moratorium on the practice.

[...]

Sudanese authorities have imposed stoning sentences and routinely order flogging penalties. Both penalties are forms of corporal punishment justified as Sharia (Islamic law). In 2012, two sentences of death by stoning for adultery were imposed on women but were overturned following an international outcry.

Reuters discusses some of the political context that helps explain why the “de facto moratorium” has ended. Some argue that the cross-amputation represents a move to claim religious legitimacy amid domestic dissent. (Diverse forms of dissent in recent years have included armed rebellion in Blue Nile and South Kordofan, an alleged coup attempt, street protests motivated by economic and political grievances, etc.) Reuters also points out that the government has consistently pledged deeper Islamization of society, government, and law since the run-up to South Sudan’s secession.

[The cross-amputation] followed a pledge by President Omar Hassan al-Bashir to implement a “100%” Islamic constitution as a result of the secession in 2011 of the mainly non-Muslim south of Sudan.

Let’s flash back to December 2010:

Sudan’s president said the country would adopt an Islamic constitution if the south split away in a referendum due next month, in a speech on [19 December 2010] in which he also defended police filmed flogging a woman.

“If south Sudan secedes, we will change the constitution and at that time there will be no time to speak of diversity of culture and ethnicity,” President Omar Hassan al-Bashir told supporters at a rally in the eastern city of Gedaref.

“Sharia (Islamic law) and Islam will be the main source for the constitution, Islam the official religion and Arabic the official language,” he said.

And to July 2012:

“We want to present a constitution that serves as a template to those around us. And our template is clear, a 100 percent Islamic constitution, without communism or secularism or Western (influences),” said Bashir [in a speech in Khartoum on 7 July 2012].

“And we tell non-Muslims, nothing will preserve your rights except for Islamic sharia because it is just,” he said.

Bashir, facing small-scale protests calling for him to step down, said a committee made up of “all parties, religious sects and Sufis” would be set up to draft a constitution.

That appeared to be a move to assuage resentment by other opposition parties – many of which are still dominated by Islamist figures – over Bashir’s reluctance to loosen the grip of the ruling National Congress Party.

He did not give a date for the new constitution.

As of last month, momentum toward a new constitution seemed to be growing.

I think the cross-amputation is a sign that the Bashir government’s statements and plans concerning deeper Islamization deserve to be taken seriously. It seems likely that there will be continued efforts by his government to design and carry out legislation based on the government’s reading of shari’a.

A few relevant resources:

Africa News Roundup: Kenyan Elections, Bamako Mutiny, Niger’s Tuaregs, and More

Human Rights Watch: “High Stakes: Political Violence and the 2013 Elections in Kenya.”

Reuters:

Malian government soldiers fought mutinous paratroops in the capital Bamako on Friday in a clash that threatened to undermine a French-led offensive against Islamist rebels which has moved up close to the Algerian border.

In the southern capital, local residents fled in panic as heavy gunfire echoed from the Djikoroni-Para paratrooper base on the Niger River and army units with armoured vehicles surrounded the camp. At least one person was killed, state media reported.

Smoke rose from the base, where mutinous members of the ‘red beret’ paratroop unit loyal to deposed Malian President Amadou Toumani Toure, who was toppled in a coup last year, started firing with their weapons to protest attempts to redeploy them.

After several hours of firing, calm returned at the camp.

French troops took the airport at Tessalit, northern Mali yesterday, and a suicide bomber attacked a military checkpoint outside Gao.

RFI: “Mauritania’s Oil Minister Discusses Mali Conflict Fallout.”

Magharebia: “In Amenas Attack Magnifies Belmokhtar, AQIM Rift.”

An open letter (French) from a Nigerien Tuareg to President Mahamadou Issoufou:

Since the beginning of the conflict in northern Mali, Tuareg groups in Niger have stood out by their silence – this, in order to give a chance at Peace, and to save our country Niger, over which hangs the specter of an armed uprising which would feed into that of Mali, compromising all the efforts already agreed to by your government and ex-rebels. And this despite the inertia of authorities from the 5th, 6th, and 7th Republic who have not found ANY SOLUTION to the armed rebellion that ended in 2009, and so to the 4,000 ex-combatants still awaiting reintegration!

Magdi el Gizouli on the Sudanese preacher/activist Yusif al Koda and his interactions with Sudanese rebel movements.

Reuters: “Gunmen Kill Nine Polio Health Workers in [Kano,] Nigeria.”

A Sudanese Reaction to OSJI’s Torture Report

The Open Society Justice Initiative (OSJI) recently released a report (.pdf) entitled, “Globalizing Torture: CIA Secret Detention and Extraordinary Rendition.” The report includes sections on numerous countries whose governments reportedly participated in detention and rendition. Readers of this blog may be interested to look at the sections on Algeria (p. 65), Djibouti (pp. 73-74), Ethiopia (pp. 75-76), Gambia (p. 77), Kenya (p. 88), Libya (pp. 88-90), Mauritania (p. 96), Morocco (pp. 97-98), and Somalia (pp. 106-107). At the Washington Post, Max Fisher has created what he calls “a staggering map of the 54 countries that reportedly participated in the CIA’s rendition program.”

The report has no stand-alone section on Sudan, but the report refers to Sudan several times as a site where people were transferred.

I have been interested for some time in the issue of what “leverage” the United States government has over the Sudanese government, and whether Khartoum has grown pessimistic about its chances of normalizing relations with Washington. In light of this concern, I was interested to read the Sudan Tribune‘s article on the OSJI report. The Paris-based Sudan Tribune is not a government-run publication and sometimes takes an oppositional tone toward the government, but I would not be surprised if some officials in Khartoum share the paper’s sense of what it calls the “irony” of Sudan’s cooperation on renditions:

“It is true that there was a period of time, as in 2002, 2003 and 2004, when intelligence cooperation with NISS went up but that has to be put in context … It is relative as it [counterterrorism ties] went from nothing to something,” [a US] official told Sudan Tribune last month.

He said that the US intelligence cooperation with Sudan is nowhere near the one that exists with Jordan, for example.

Ironically Sudan has been on the US blacklist of states sponsoring terrorism since 1993 over allegations it harboured Islamist militants.

Sudan has also been subject to comprehensive economic sanctions since 1997 over terrorism charges as well as human right abuses. Further sanctions, particularly on weapons, were imposed in 2003 following the outbreak of violence in the western Darfur region.

Have you read any other reactions to the OSJI report from around the region?

Africa News Roundup: Human Rights Violations and Ethnic Tensions in Mali, Plus News on Nigeria, Sudan, etc.

Reports of human rights violations and ethnic tensions in Mali:

  • Amnesty International: “The Malian army has committed serious human rights breaches plus violations of international humanitarian law (IHL) during the ongoing conflict against armed groups in the country, including extrajudicial executions of civilians.”
  • Human Rights Watch: “Malian government forces summarily executed at least 13 suspected Islamist supporters and forcibly disappeared five others from the garrison town of Sévaré and in Konna during January 2013…Islamist armed groups in Konna executed at least seven Malian soldiers, five of whom were wounded, and used children as soldiers in combat.”
  • AP: “Northerners living in the central and southern parts of Mali say they have faced discrimination and fear of reprisals by those who blame the country’s problems on anyone who looks Tuareg or Arab.”
  • IRIN: “The Dynamics of Inter-Communal Violence in Mali.”
  • IRIN: “Killings, Disappearances in Mali’s Climate of Suspicion.”

Yesterday, Indonesia’s President Susilo Bambang Yudhoyono began an eight-day tour of the Middle East and Africa.

After a two-day stay in Monrovia, the delegation will fly to Abuja, Nigeria, for a state visit. Yudhoyono said he would utilize his bilateral meeting with Nigerian President Goodluck Ebele Jonathan to seek new economic opportunities.

[...]

From Nigeria, Yudhoyono will then fly to Jeddah, Saudi Arabia on a working visit. He and his wife will also make a minor pilgrimage to Mecca and Madina.

The government will set up business meetings in both in Abuja and Jeddah that will feature top businesspeople in both countries.

“Indonesia has become one of the greatest investment destinations in the world. We want more real cooperation, particularly with the Middle-East,” Yudhoyono said.

Yudhoyono plans to conclude his trip by attending the 12th Summit of the Organization of Islamic Cooperation (OIC) in Cairo, Egypt on Feb. 6, despite unrest in some Egyptian cities.

Reuters: “Gunmen Kill Five North Nigeria Police, Ceasefire in Doubt.”

Magharebia: “Mauritania Arrests Salafists.”

Sudan Tribune:

At least 300 refugees from Sudan’s South Kordofan are crossing the border into Yida, South Sudan’s largest refugee camp, the United Nations refugee agency (UNHCR) said.

The influx of refugees, it says, calls for creation of new sites away from the “volatile” border area where Yida, currently hosting an estimated 61,000 Sudanese refugees, is located. The move, it added, seeks to ensure the safety of the refugees and maintain the civilian character of the settlement.

Al Jazeera: “Q&A: Kenya’s Upcoming Elections.”

What else is happening?

Africa Blog Roundup: Eritrea Mutiny, South Sudanese Cows, Algeria and Mali, and More

International Crisis Group: “Eritrea: When Is a Mutiny Not a Mutiny?”

New York Times editorial: “Hope, and Lessons, in Somalia.”

Louisa Lombard on the history and complexity of attempted disarmament, demobilization, and reintegration programs in the Central African Republic.

Seifulaziz Milas with a pessimistic piece on Sudan.

Lesley Anne Warner: “[South Sudanese President Salva] Kiir Reshuffles the SPLA.”

Internally Displaced: “Cash Cows: The Financial Prospects of Cattle in South Sudan.”

Andrew Lebovich: “Primer on Jihadi Players in Algeria and Mali.”

Max Fisher:

Lots of countries, especially ones that are facing internal threats from militant extremism, have “hard-liners.” But only Algeria has “eradicateurs,” a faction within the Algerian government that has argued, since the civil war broke out in 1991, that the military can never negotiate with Islamist movements and must destroy them outright. The war ended, in 1999, only when an Algerian leader from the opposing faction — “conciliateurs” — outmaneuvered the hard-liners. But that central tension has remained within the government ever since, a particularly Algerian dynamic that is important for understanding the country’s militancy crisis and the government’s response.

Bruce Whitehouse: “Lessons from Diabaly [,Mali].”

Louise Redvers:

I don’t begrudge people getting rich and doing well. Why shouldn’t Africa have billionaires like the rest of the world? But sometimes this obsession to fulfil the “Africa Rising” prophecy blinds us to the real issues.
And in the case of Isabel [Dos Santos], I think celebrating her wealth as this Forbes label does is an insult to the two thirds of Angolans who live in poverty. When I look at Isabel and Dos Santos Inc and see all that money, all I can think of are the suffering Angolans who will never have the chances they have had and for whom water, electricity and sanitation are luxuries.

What are you reading this weekend?