Lessons From Kenya and Uhuru Kenyatta

Lessons From Kenya and Uhuru Kenyatta.

Kenyans and their (resigning president)? Uhuru Kenyatta will certainly make it to 2014/15  Guinness Book of Records as a nation and individual that have shown unequal respect for the Rule of Law.

With popular belief and misconceptions on and about Africans promoted by western media-that Africans lack the culture of Rule of Law- Kenyans and Uhuru Kenyatta have proved the western world and its misinforming machines-the trans/multi-national media empire wrong.
Also, Uhuru has proved that color or skin complexion has nothing to do with law, rather obedience and respect for law is a condition of individual mind.


Even though, as individual who loathe the so-called International Criminal Court (ICC)- on these grounds:

A) Some powerful nations on earth have refused to ratify the establishing legal instrument-the Rome Statute of International Criminal Court, which means their refusal to ratify the statute suggests their actions cannot be challenged by the court; even if challenged, such nations are not under any obligation to honor summonses.

B) Even with some signatory nations to Rome Statute that believe they are part-owners of this International legal institution; at times, thier actions do indicate they have little or no regard for the court when the Court deem it necessary to summon them.

C) A Court whose decisions many a time remain either binding/enforceable or not; this situation depends, mostly on who is involved-"friends" or "enemies" of the court's owners.


D) A Court whose verdicts remain unappealable, absolute, final, and irrevocable, making the mortals on the bench a-more-than-mortal-entity; sustaining the age-long White-Black supremacy theory.


Although, Nuremberg War Crime Trial set a precedent on the standard conducts at wars and more important, place high responsibility on officers and men prosecuting wars that they will be held liable or accountable for their actions, which may constitute war crimes as soon as war is over. However, with International  Criminal Court  (ICC), just like many international observers, believe it is a western nations' home of terror for "enemies" or individuals obstructing foreign interests in Africa; a home confusedly named International Criminal Court- an euphemistic name, which intends to make the body looks normal and activity acceptable.


Unfortunately, more Africans than other groups have appeared in this Court; even before the court  was established, United Nations had set up many International Criminal Tribunals for African region more than other regions around the globe. Granted, Africa has a lot of  internal conflicts that had developed  into full-blown civil wars in places like: Congo-Kinshasa, Rwanda, Sierra-Leone, Liberia, Ethiopia, Eritrea. And post elections in few places have resulted in civil disturbance; however, other regions have more frightening crises than Africa: from Arabian Peninsula to India sub- continent, Persian Gulf region, Asia Minor, and China are so many intractable crises without solutions.


Sadly though,, these crises have resulted in wars leading to: large scale murder, genocide, ethnic cleansing, mistreatment of prisoners of wars. The situation, which by all definitions fall under Nuremberg Principle V1 of what constitutes War Crimes against Humanity.


1) Crimes against Peace: planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements and  assurance; participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned  under (1);

2) War Crimes: violations of laws of customs which include, but are not limited to murder, ill-treatment or deportation slave labor or for any other purpose of civilian population.... murder or ill-treatment of prisoners of war or persons on the Seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, villages, or devastation not justified by military necessity

3)  Crime against Humanity: murder extermination, enslavement, deportation and other inhumane  acts done against any civilian population, or persecutions on political, racial, religious grounds, when such acts are done or such persecutions are carried on in execution of or in connection with any crime against peace or any war crime.

The question is how many nations or individuals from Asia have been brought to answer for their sins and errors on crimes committed against humanity?


The map below provides the details on the on-going trials at the Court and region that is mostly affected.


Uhuru trial should serve as a wake-up call to African nations-that Africans can't be more catholic-than pope or appears to weep more than the bereaved. The idea of quickly ratifying treaties, agreements, conventions, pacts without considering future implication should be given a serious look as Africans always become victims of treaties or conventions they ratified in errors, when they run foul of articles of agreements.

More important, African Union should consider having two continental courts: African Arbitration and Mediation Court- an impartial African Criminal Court.
 African Arbitration and Mediation Court should be empowered to settle nation members internal strife between or among ethnic groups before the strife turns violent; while African Criminal Court- should be created to will try, punish and pass sentence on any African, organization, group, found of committing war crimes on the continent.

African Union should not delay on this matter; plans should be put in place to create these bodies as soon as possible.

I hope Uhuru Kenyatta gets a fair hearing at International Criminal Court, but if not, may he enjoys his stay at the new found home in The Hague.