News:

The Sunday Standard reported on 1st of December 2013 that there are fresh details emerging on how the United Kingdom played a pivotal role in pushing the hybrid motions (excusal and use of video link) that saved Kenya at the Assembly of State Parties (ASP) meeting at The Hague. Kenya’s Foreign Affairs Secretary Amina Mohamed had indicated earlier that Kenya wants to re-introduce the proposal to amend section 27 of the Rome Statute to shield serving heads of states and government from prosecution. The Kenya government had originally banked its hope on the African Union’s failed motion for immunity of serving heads of state to shield President Uhuru Kenyatta from prosecution. Had the ASP meeting failed to pass any motion that was to the advantage of Kenya, the ICC had already pronounced that Uhuru Kenyatta attends Court of Session in person.

Comment:

There have been heated debates since the ICC started prosecutions against three Kenyans including President Uhuru Kenyatta, his Vice President William Ruto and journalist Arap Sang. The debate has not only taken a national outlook but it has become a regional and international issue. The meeting of ICC member states that was held at the Hague was preceded by many other meetings like the one at Addis Ababa by the African Union in May 2013. In that meeting, African leaders castigated the ICC and supported the position of Kenya that cases facing Heads of State be postponed until they are out of office.

The ICC process in the Kenyan cases does not only display the colonial position of Britain against Kenya but has revealed the lies of the ICC, the African Union together with what is called International Law. As for the colonial stance of Britain against Kenya, despite being the colonial master for many years resulting in murders and land grabbing, up to now it still has an appetite to perpetuate colonialism behind a veil. Britain which is a member of the ICC together with other European countries which are its sponsors has succeeded in using the ICC to bring together Uhuru and Ruto. These upcoming politicians were groomed since the Moi and Kibaki era with the objective of keeping Kenya in its grip and solidifying its political colonialism in Kenya against its arch-rival America. Britain proposing the video link method of prosecution is a sign that the ICC case against Uhuru Kenyatta may ultimately fail as hoped for by Britain.

As for the move by African Union to leave the ICC, this has two outlooks. First, these leaders who have come together to castigate the ICC have not been seen to do the same to oppose institutions like the World Bank and IMF which are colonial institutions like the ICC. These institutions are used by Western colonialists to impoverish citizens of Africa. Why are they not refusing to receive bribes so as to kill Muslims in Africa in the false ‘war on terror’? Second, these same leaders are used by Capitalists to secure their interests through the wrong democratic politics whereby atrocities are committed against the public during each election.

As for the ICC, the truth is that this court has become partially blind to the killings of thousands in Iraq committed by Britain which is a member of the ICC in collaboration with America during Operation Desert Fox. Up to now, the ICC has never opened prosecution – even through a ‘video link’ – against the former British Prime Minister Tony Blair who ordered the British Army to conduct the killings. This is clear that the ICC is not a court of justice and has no status even if it is regarded as international. Even so, the international law is a lie as the administrations of Bush senior and junior committed killings in Afghanistan and Iraq as viewed by the United Nations.

We categorically state that there is no international court or international law. That is why it is only the Islamic state of Khilafah which is expected soon that will dispense justice and won’t recognize international law.

Written for the Central Media Office of Hizb ut Tahrir by

Shabani Mwalimu

Media Representative of Hizb ut Tahrir in East Africa