Avoiding ICC interventions: A-G urges Africa to consolidate democracy

Ghana's Attorney-General and Minister for Justice, Godfred Yeboah Dame, has urged African countries to consolidate democracy in their respective jurisdictions in order to avoid conditions that require interventions from the International Criminal Court (ICC).

"When democracy reigns and is practised in its true form, with the citizens feeling a sense of fulfilment of the entitlements of citizenship — free expression, security, adherence to constitutionally stipulated terms for governments without an attempt to manipulate same — concerns about the commission of genocide, war crimes, crimes against humanity and impunity in general will be non-existent. Conditions which attract the interest of the ICC will necessarily be eliminated," Mr Dame said.

Addressing the 23rd Session of the Assembly of States Parties to the Rome Statute of the ICC in the Hague, the Netherlands, last Tuesday, the Minister for Justice said the pure practice of democracy in Africa required the establishment of sound systems of justice and the creation of facilities for the investigation and trial of cases of interest to the ICC. 

"This, without a doubt, is in line with the declared objective of the ICC as it fosters the principle of complementarity enshrined in the Rome Statute," he said.

The Rome Statute is the treaty that established the ICC.

Advocacy

Mr Dame, however, advocated complementary systems between states and the ICC to give meaning to the intentions behind the establishment of the court.

He affirmed the need for effective operationalisation of the principle of complementarity in furtherance of the full realisation of the objectives of the framers of the Rome Statute at the national level.

Mr Dame indicated that the primacy of national jurisdiction over the prosecution of crime required the occurrence of two things.

First, he said, all states must have strong and effective legal and judicial systems for the investigation and prosecution of international crimes, as the ICC by itself lacked the capacity to investigate and prosecute all international crimes committed in the territories of states.

Second, he said, domestic legislations of African countries must recognise war crimes, crimes against humanity and genocide as specific offences.

“This may be achieved either through the domestication of the Rome Statute into our laws so that national courts assume jurisdiction over offences created by the Rome Statute or the passage of a specific legislation affirming the creation of such offences with punishment duly prescribed according to international standards, and a forum for punishment of same within our respective domestic legal jurisdictions duly stipulated,” he said.

The Attorney-General stated that the development and its visible outcomes could help dispel the perception that the court unduly concentrated on Africa, especially as international crimes under the statute knew no geographical boundaries.

“The court must be seen to have its searchlight everywhere and to be responsive to war crimes, genocide, crimes against humanity and the crimes of aggression committed anywhere without equivocation. 

Unity

Mr Dame further called on all States Parties to the Rome Statute to stand together in unity and with one voice in defence of the court and its officials at all levels.

“Ghana commends the enduring words of the President of the Court, Judge Tomako Akane, in her address to the UN General Assembly that ‘the court is only bound by the law and will not change the course of its actions due to threats, be them political or of another nature’,” he said.

He stressed the importance of ensuring fairness and equity in the recruitment of staff of the court in a wide geographical and gender balance basis as possible based on the highest standards of efficiency, competence and integrity.

“This will no doubt give equal opportunity to competent nationals of all States Parties to bring their varied experiences and perspectives to bear at the court to enhance institutional efficiency while ensuring impartiality in the workings of the court,” he said.

In that respect, Mr Dame said, Ghana looked forward to the effective implementation of the moratorium on recruitment of candidates from non-states parties and the new tenure policy of the court.