Why is President Kiir saying “NEVER” to ICC before the 2015 elections?!!!

BY: Justin Ambago Ramba, UK, MAY/28/2013, SSN;

No wonder that the elections season has begun in Africa’s newest country of South Sudan and it’s now every ones talk how the incumbent president is for sure going to make it head to head with his vice in case no other third or fourth contestants show up in the last minutes. It is against such a background that this article would try to shade light on the country’s latest developments, the last being the president’s infamous declaration never to allow his new country be a signatory to the Rome Statute. In other words he is opposed to joining the International Criminal Court (ICC)!!

As a South Sudanese myself- allow me to begin by registering my condemnation of what came in President Salva Kiir Mayardit’s speech on the 50th anniversary of the OAU/AU in Addis Ababa. The leader whose country is the newest member of this historical African body expressed his disapproval of the ICC by sarcastically stating in his addressing speech that although many African states were the first to sign the Rome statute, unfortunately the thing has now caught up with them as is the case with president Uhuru Kenyatta and his vice William Ruto of the republic of Kenya who took office after winning a March election while under indictment from the ICC for inciting some of the ethnic violence that followed their country’s disputed 2007 vote.

Given the historical background and the geographical location of South Sudan, Uhuru Kenyatta, who pledged the creation of roads, rail and pipelines to deepen economic ties between Kenya and the new nation, is neither the first nor the only ICC indicted head of state to do business with the country.

Juba still struggling to settle many post secession issues with it’s on and off foes in Khartoum, had already gone on record for laying red carpets to another ICC indicted president – no other than Omer al Bashir of Sudan – who also presided over this region until the 9th of July 2011 when South Sudan became officially an independent republic.

President Kiir in a characteristic show of bravado dismissed the ICC and as if to show off to his guest President Kenyatta who paid his first visit to Juba by echoing the ongoing statements by other African leaders that the court seems to target Africans.

Let’s us face it – the African continent had suffered from ethnically driven politics and still continues to do so under the types of Salva kiir, Yoweri Museveni, Omer al Bashir, Robert Mugabe, Paul Kagame and of course Uhuru Kenyatta himself who is an up to date living example of a tribal politician.

The history of how the ICC came into being is a clear one and no doubt that many African countries have approved it. In the same vein many African countries than any other; now lead the list of those who voluntarily referred their cases to the ICC due to their countries’ incapability to handle the cases. This was the case with Uganda, the DR. Congo and the Central African Republic (CAR).

The case on the Sudan was on the other hand referred to the ICC by the UN Security Council since the country hasn’t rectified the Rome statue although being an initial signatory to it.

The argument that the ICC only targets African leaders or people can only bother those who commit crimes against humanity with impunity in Africa and they happen to be heads of states or people high in the governments of their countries or some powerful warlords.

This being the case the current focus of the ICC on African situations when seen in its right context also means a focus on African victims. And if you or your loved ones are those at the receiving end of this gross injustice in this continent, then lie assured that the ICC is serving you. Maybe often perceived to be very slow – yet it’s the best you can ever get in this unfair world.

Of course African leaders have to be concern about Africa’s dignity. Nobody opposes that, but we are saying that it cannot come at the expense of the very justice that these leaders often deny their people.

Take the example of a country like South Sudan and look at its Justice, law enforcement and Judiciary systems. For no penny it won’t take you long enough before you find out that its president’s attack on the ICC is entirely baseless and can better be described as no more than a copycat type of behaviour.

President Uhuru Kenyatta, his vice William Ruto and another Joshua arap Sang, the three have their cases now in front of the ICC judges. This is their cross to carry and shouldn’t in anyway be made to look as if their appearance before the ICC is in any way degrading to the African continent.

There was that talk about local courts or even AU hybrid courts being suggested by others as alternative courts to try some of the low profiled indictees in crimes against humanity committed in Sudan’s western Region and it didn’t work. So why are some people suggesting the same route at the AU by demanding that Uhuru Kenyatta and his group be referred for trial at local Kenyan courts ?

The Kenyan indictees of the ICC know their roles in the 2007 massacre and they are aware as anyone else is – that it takes a lot of money and leadership without which such well – orchestrated violence wouldn’t have taken place. This we have learned from the Rwanda genocide.

Why are we not grateful to The ICC which through its actions have worked the magic to bring Kenyatta and Ruto together and thus prevented another post elections massacre in the 2013 elections? Yes it is so; no way can one go all the way to say that because the enemies of 2007 are now “good” friends then, the court should as well scratch off their cases. This is not justice!

There is no such a thing like “African Justice” or “European Justice” or “Asian Justice” – there is only one “Universal Justice” which must abhor not only international economic injustice, but must be uncompromising against all forms of crimes against humanity.

Coming back to our incumbent president of RSS, Salva Kiir Mayardit and his rekindled ambition for yet another term in office, after securing the backing of his home region of Bahr al Ghazal on the back drop of a tribal numerical size, he can as well proceed to prepare for all sorts of ethnically-directed malicious activities before, at and after the 2015 elections.

Nonetheless a unanimous backing for Kiir’s candidature by citizens of Greater Bahr al Ghazel is a thing easily said than can be verified before the real elections. The widespread resentment for his leadership is vivid in Western Bahr al Ghazel State where dozens of citizens were massacred by government security agents during a peaceful demonstration in the city of Wau town on 9th December 2012.

Based on the generally poor performance of the judiciary and law enforcement in the new country, president Kiir’s declared position to keep the country out of ICC membership is justifiably seen by a large section of the population as one of his many attempts to block off any chance of justice for the victims of the countless crimes committed under this government.

A keen observer can’t rule out the possibility that president Kiir has it in his plan to use the country’s non membership of the ICC in order to secure impunity for a likely post 2015 general elections violence in the country.

Given the back ground of what happened during and after the 2010 elections when all independent and non SPLM candidates and their supporters were subjected to wide range of harassments, mistreatment, torture and detentions the average citizen is convinced that the president and his die-hard tribal base is capable of carrying out all kinds of unlawful acts just to keep him in office.

Regardless of all these noise about some quitting the ICC while others don’t even want to join it, the truth is that many countries and communities especially those with weak legal institutions and power hungry leaders like South Sudan, Kenya Uganda, Rwanda, DRC, CAR, Chad, Sudan, Eritrea, Ethiopia, Zimbabwe and many others are bound to benefit from the ICC.

It is true that birds of the same feather fly together, and no wonder that despite the bitter enmity that exists between Museveni (Uganda) and Kiir (South Sudan) on one side and al Bashir (Sudan) on the other end, yet they have one thing in common, and that’s their greed for power. These people see in the ICC a threat to their plans to keep to power while they kill their kinsmen with impunity.

Can we the down-trodden peoples of Africa do something to save our countries by not voting again for these persons who persistently continue to deny us our most basic human rights and freedoms?

We must stop all these tyrants from running this continent as if it was their personally property.The bottom line is that if a country is a member of the United Nations, then there is no way that the leaders who commit crimes against humanity can escape the ICC! Stop all these rubbish about quitting or not joining.

Author: Dr. Justin Ambago Ramba. Secretary General – United South Sudan Party (USSP). He can be reached at: justinramba@doctors.net.uk

20 Comments

  1. Dau-network says:

    Disagreed.
    No justice in this world, is only power and money !!
    Did they find the WEAPON OF MASS DESTRUCTION in Iraq?
    Africa nations supposed to form (CAC) COURT of AFRICA CONTINENT.
    Egyptians court now dealing with Former president Mubarak without ICC. AU have soldiers who can remove any president who will commit crimes against humanity.

    • JAC Ramba says:

      The so-called Dau-Network
      You said you disagree! Of course you don’t only disagree now, but by the look of it you are in to disagree for a long time to come
      You also said there is no justice in this world there is only power and money!! How much of it do you in RSS?
      Did they find the weapon of mass destruction in Iraq? You asked. Well who are you referring to as ‘they’? I believe it was not the ICC who went into Iraq looking for WMD? Please check out your facts.
      You went on to further say that, “African nations are supposed to form a certain Court Of Africa Continent” (CAC). So what went wrong with that brilliant idea?? What are they waiting for? Don’t tell me they are waiting for funds from western countries or is it china these days!
      You also seem to be glad that an Egyptian court is now dealing with former president Mubarak’s case without the ICC. Fair enough that is Egypt my friend. Are you going to compare Egypt vast experience in law enforcement and their well manned legal institution with those rudimentary structures in Juba?
      You also suggested that the AU has soldiers who can remove any president who will commit crimes against humanity. Well I would like to believe that you know president Omer Bashir and hopefully you also know that he is wanted for genocide and many counts of crimes against humanity – yet he remains a darling of the AU. When do you dream that the AU soldiers are going to arrest him?
      My friend I know that you are a distraction and its shakes you right in the core seeing the president being exposed. You may not like the other candidate, but still your president no good either!!
      JAC Ramba.

    • Diu J.Kuek says:

      President Kiir says he’s ready to stand side by side with his friend Uhuru Kenyatta of Kenya as the reactions from South Sudanese people some saying Mr President you are absolutely right but I can say Mr President is wrong for some specific points. it seems African leaders are demonstrating against ICC policy toward African continent as a tool to use to recolonize or discriminate the African leaders.
      But yet it’s not an excuse for African leaders .
      Rome statute protocol has been adopted with very clear principle including to protection against human rights violation around the World not only in Africa, ICC is not for African Leaders or African Criminals, it has been applied to whole World. let us take an example .
      1, Asia Cambodian criminal is under trial
      2, East Europe former Yugoslavia Republic one of the accused died in prison, one has been acquitted this year
      3, South America has two criminals cases from Argentina and Mexico.
      4, African Countries been indicted and not yet been indicted as Sierra Leone and Liberia relevant case of Charles Taylor, Rwanda, Uganda Joseph Konyi, Sudan criminal cases Omer Bashir, Ahmed Harun and Ibrahim Mohmmed Hussien for Darfur crimes, Kenya’s Uhuru Kenyatta and William Ruto for 2007 election violence and Libyan Arab Jamahiriya Gadaffi’s son Saif el Islam and Sunosi and so on.
      African Leaders should not take an excuse against the ICC regarding for on going terrorists war with the Western nations as there is crimes has been committed by western nations as violation of human rights its totally different from African leaders cases, the difference is our Leaders killing their own people and western nations fight to defend their own people,
      So we can see the facts of this case let’s take Afghanistan ,Mali ,, Iraq, Somalia , Sudan, Pakistan and Palestine these Countries are terrorists states.
      So our leaders should not take this as an excuse for them and they deserve ICC because they fail to uphold the democratic principle and good governance.

      Long Live ICC
      Long Live UN judicial organ.

  2. anok maketh says:

    This is real, whether we like it or not. President Kiir has clearly been rooting the policies of “divided & rule” for the last 8 years. This has resulted to all the injustice, organized killings, orchestrated violence like the Jonglei enthnic clashes, all these seemed to have been copied by Juba from Khartoum only to be imposed on the poor S. Sudanese who has long rejected the same from the very united Sudan.
    As you mentioned Dr. Justin, the keen observer like yourself & others that Kiir’s recent rejection/criticism of ICC membership is part of 2015 election plan. No doubt that this is disturbing to watch unfolding in broad daylight & no one seemed daring to say anything about it. Descending into regional or ethnic based politics like the recent conference in Wau in the name of Greater Bhar El Gazel is very worrisome & everyone should be worried about what this means. What’s the president trying to achieve by sponsoring such event when the country can’t afford to celebrate an important symbolic national event like 16th May?

    There have been a lot of allegations about presidential secret agents (Tigers) who many blame for some organized murder like the case of Isaiah Abraham, Banyjoth Tap e.t.c which have tarnished the image of S.Sudan, now what? Is kiir going further to form his home based popular Defence Force to protect his presidency in 2015 & beyond as mentioned on an outcome of the conference or what? check the “sudantribune.com on the latest about the “Greater Bhar-El-Gazel conference” comrade Malong Awan & Nyandeng Malek arrived in Juba this week to brief the president.

  3. Kon kel says:

    Bravo Dr. Justin, We cannot allow greedy, corrupt, the blind who don’t have vision, to rule again in this countr. indictment of Uhuru has nothing to do with South Sudan. Our president is contradicting himself, is like defending Bashir in other way. Enough is enough.

  4. MALITH ALIER says:

    Kiir is now the darling of impunity by supporting Kenyatta and the likes

  5. Kong Puok Tongluot - Finland says:

    Dear, Dr Ramba
    I really like the way you always emphasize analysis and political interpretation. Yes, a general election lobby and campaign have begun already in South Sudan upcoming 2015, even a last oldest man knows that.You shoudl kick off in your party.

    Case of ICC following Afria Unity’s 50th anniversary which had stressed by many African’s leaders allegedly ICC that a way for hunting African’s leaders. I agreed with African’s leaders that ICC it must has had to been drafted an unify costitution which determine and limit any Presidency term in United Nation General Assembly in Newyork due to limited any long term beng corruption and depraved behaviours in continent.

    Why is President Kiir saying NEVER to ICC before 2015 election ? President Kiir has putted a drone strike pssibilty in view, The same way of Kenyatta’s ICC trial may be it could take on himself. He has putted plan to continue an immunity if he won election 2015, that’s outstand queue to support Kenyatta.

  6. bolabokdit says:

    Justin Ambago

    You have really pointed out a crucial point given the current situation in Africa, we need a just and high court to bring people like Omar Bashir to Justice. We are people who take responsibility for our action and we are people who believe that others should be held for theirs. What is wrong with ICC? ICC is pursuing rebel leader of uganda because of killing civilians. ICC is looking for Omar Bshir for the same reason and there are so many examples. There is no alternative court African leaders can replace ICC because Thambo tried that in case of Bashir but it failed to bring Omar to justice. Look Thabo Ambeki said in his position as mediator between sudan and south sudan that African are capable to handle their problems. the result everything which was agreed upon is going backward instead of go forward. We need ICC because Omar Bashir is continuing abusing sudanese population and bind by the law. Omar ignored also all agreement signed from CPA to Cooperation Agreement signed in Addis Ababa. This kind of person deserved punishment. African leaders should not sympathized with ICC when the court is working for their interest and reject court when the court is working for people’s interests. African if the ICC is paralysed by African leaders than there is no hope unless people resort back to the state of nature.

  7. Choromke Jas says:

    A storm is gathering for the son of Mayar: the Wau massacre, the UN Indian peace-keepers killings, the massacre of Murle civilians and others are the stuff of ICC. If a citizen were to complain to the ICC now, an investigation would start immediately to establish the role of Kiir in these killings. Why should it surprise anyone that he now sides with prima facie criminals such as the ICC inductees?
    A country, South Sudan, that survived because of campaigns by human rights activists cannot afford to take sides with criminals. Kiir is unwittingly drawing attention to his potential criminal culpability. Watch out the purveyors of impunity in the South, the ICC is about.

  8. Dr.Justin Ramba
    President Kiir will commit genocide in 2015, that is why he is saying Never to ICC.

    • Bentiu Captain
      Kiir will not make genocide against his people, but reason new nation is lacking of everying e.g democratic system, more rebellion, more corruption and poorly economics. These impacts are not allowing new country to join ICC. If we admit it to join organization, many things will happen to two leaders for their genocide.
      1. Dr. Riak Machar, he had killed thousands of people in south sudan, this thing will summon him if we become part of ICC.
      2. David Yau Yau is now killing hundreds of people everyday. How come for new country to join ICC?
      kiir is not sleeping he know what will come next it can affect.

  9. Shamga says:

    Kiir’s stupidity depicts Bhar el gazal just a community of mere zombies.
    But talking about stupidity, what does it really mean? Well, stupidity is a very common terminology in English lexicology and it openly means lack of intelligence, understanding, rationality, wit, or sense. The word stupid in modern English has a vast range of application, starting from slowness of mind, dullness, lacking interest or point (vexing, exasperating) or insipidity. It can either feature a congenital lack of capacity for reasoning, or a temporary state of daze or slow-mindedness. It is a character which Kiir and his community are infamous for, be in Juba streets where they intimidate members of other communities, or in their own backyards where they meet and propose him as if he is ruling them alone, or at world stage like in Addis Ababa where he defended the killers of people including his own in South Sudan.

    It is much worse when one has a chance to find out how Big People take Big Decisions. We generally tend to blame awful decisions on intentional perversity, astute mischievousness, megalomania, etc. They are there, all right; but carefully looking into current predicaments in South Sudan and their connection with bar el gazal community, you will be led to the invariable conclusion that the single biggest source of terrible mistakes is mere stupidity- no one knows whether they acquire it or it is innate. But it pretty much looks like an innate one as demonstrated by the recent convention in backyards, where no regard was given to other communities . When it combines with other factors such illiteracy, debauchery, and decadency (as happens quite often with them) the results can be devastating.

  10. David De Dau says:

    Look here ladies and gentlemen!

    It is important to accept that Kiir’s comments on the ICC has nothing to do with tribal affiliation but it is supprising, because it is injustice that made South Sudanese and the rest of Sudan took up arms against the then Sudan’s fundamentalist islamic regimes! I hope our president Kiir has not forgotten this soon!

  11. Dear writers
    your grievances of Dr. Riak to rule is totally wrong. Please active war of south sudan and sudan was not ended for only 5 to 10 years. The idea of Kiir to step down is apparently negative. Dr. Riak defected to Arabs when the war was bad with sudan. Riak had killed thousands of south sudanese during his agreement with khartoum. The people of new nation are very stupid enough when someone came yesterday from running has to be given milk and sweets.
    Question is. What Quality did south sudan see from Riak? If Education then is wrong, it’s influenced him to other nations as kind of running out because of war. Riak cannot rule south sudanese.

  12. Mony Dor says:

    Diu,
    The justification you’re struggling to put across in favor of ICC, can hardly be accepted even by someone who has no basic knowledge of the Rome Statute, you mentioned Eastern Europe, Asia, Latin America and Africa, these are third world countries, why the likes of Donald Ramfield the former US defense Secretary and President Bush are not in the ICC for failing to find the WMD in Iraq after killing thousands if not millions of Iraqi?

    Africa id being prosecuted and colonized once again, make no mistake, I don’t look face to face with impunity at any cost, those responsible for crimes against humanity and War Crimes should be tried in Africa.

  13. Diu J.Kuek says:

    Dear Ayuiu Makuach
    First of all the man you are talking about is not called Dr Riak, is called Dr Riek Machar Teny. secondly may you imagine as you are in intellectuals club please do evaluate your behavior but I know you are a minor .
    Since you know how to write and read try to make your criticism to be constructive now. you so little if the man is stupid enough so I don’t think that you can hate him like this. you guys hated this man because of his brilliant and intellectual manner. you many people to behave like Mr X and Y

  14. James Lual Garang says:

    Guys you are wasting time commenting about our president, have you ever seen a president any where in the world with marks on the face ?

  15. Arang Ahoch says:

    It’s hard to convince a drunkard to stop or quit the drinking of alcohol. Why did i say so. We citizens of south sudan became addicted in criticism of leaders, in particularly President Kiir and i wonder why use our freedom of expression against innocent man (Kiir).
    Kiir during the movement was the guy many feared but when he became the president of people he give up whatever many feared him of and he started new living; i mean gently and kind to every citizen. Stop criticizing president and look for different alternative to reform the country

  16. Shamga says:

    @ Diu J- Kuek, say Dr. Risk Masochist Taunt Devil appropriately, Sire

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