I lived for 3 years in the extraordinary, pre-tourist Kenya. Before I went there, Jomo was a hero, mine included. It was still the Sixties. The last time I was there were 4 months in 1986.
I knew a famous politician or two, business people, Kenyans, and the remaining colonials (some marvelous, some terrible.)
It didn't take long to discover that from the early days of independence there were political assassinations like the ugly one of Pio Gama Pinto in '65 and political corruption on a grand scale by the Kenyattas and those who surrounded him.
His young bride, Mama Ngina, brought the family to a new level. The trade in ivory, leopard skins, and charcoal all cleared through one person. The confiscation of the richest farms is why the family became the wealthiest in Africa then.
I spent about 90% of my time far from Nairobi speaking Swahili with real people. The corruption stories were everywhere. The two most westernized tribes (I don't know where Jan Snyder spent her time) were the Kikuyu and the Luo and they controlled the business ( with the Indians) and the politics. From Day One, when Kenyatta fired the 1st V.P. the Luo, Oginga Odinga, the violent competition for power and wealth began. The 2007 election was a replay of the story of both sons, Uhuru Kenyatta and Raila Odinga.
No one, whether Western or African or Kenyan will stop these ruthless inter-tribal conflicts. It is the curse of our species, although it is a bit more sophisticated on other continents.
I knew a famous politician or two, business people, Kenyans, and the remaining colonials (some marvelous, some terrible.)
It didn't take long to discover that from the early days of independence there were political assassinations like the ugly one of Pio Gama Pinto in '65 and political corruption on a grand scale by the Kenyattas and those who surrounded him.
His young bride, Mama Ngina, brought the family to a new level. The trade in ivory, leopard skins, and charcoal all cleared through one person. The confiscation of the richest farms is why the family became the wealthiest in Africa then.
I spent about 90% of my time far from Nairobi speaking Swahili with real people. The corruption stories were everywhere. The two most westernized tribes (I don't know where Jan Snyder spent her time) were the Kikuyu and the Luo and they controlled the business ( with the Indians) and the politics. From Day One, when Kenyatta fired the 1st V.P. the Luo, Oginga Odinga, the violent competition for power and wealth began. The 2007 election was a replay of the story of both sons, Uhuru Kenyatta and Raila Odinga.
No one, whether Western or African or Kenyan will stop these ruthless inter-tribal conflicts. It is the curse of our species, although it is a bit more sophisticated on other continents.
As a former judge in my country Sweden, as former Legal Counsel of the United Nations (1994-2004) and the Representative of the Secretary-General at the 1998 Rome Conference on the ICC, and as the Legal Adviser to Kofi Annan in his capacity as Chairman of the Panel of Eminent African Personalities engaged in the Kenya National Dialogue and Reconciliation (2008-2013), I read the article with great interest – and sadness. The Kenyan cases before the ICC became a disaster. I refer to my reflections in “Challenges for the International Criminal Court” which appears in The Winter 2014 Issue of the International Judicial Monitor
http://www.judicialmonitor.org/archive_winter2014/specialreport1.html
http://www.judicialmonitor.org/archive_winter2014/specialreport1.html
1
The Security Council could refer investigations anywhere. And Moreno-Ocampo had the power to open investigations without any referral if he could show an atrocity had been committed and wasn’t being redressed.
If the prosecutor has such powers, why isn't Fatou Bensouda invoking them? An obvious investigation to open is Syria, yet she says only the UN Security Council can refer an investigation; moreover, she says that since Syria is not a party to the Rome Statute, she can't pursue a case there.
So what is this power of the prosecutor about?
If the prosecutor has such powers, why isn't Fatou Bensouda invoking them? An obvious investigation to open is Syria, yet she says only the UN Security Council can refer an investigation; moreover, she says that since Syria is not a party to the Rome Statute, she can't pursue a case there.
So what is this power of the prosecutor about?
1
This article is painful, troubling, and disturbing. I feel for the victims of the 2007/8 Post-Election Violence. To the victims, the ICC was sent from heaven to try and curtail the excesses of Kenyan politicians. Kenyans are living in sad times because, with the escape of the Ocampo Six, wealthy politicians still go around spewing hate and negative ethnic sentiments. With the collapse of the ICC, one wonders who will save innocent people of this world in general and Africa-a continent that has consistently faced atrocities from her leaders-in specific.
1
This article is so one-sided, its unbelievable. I find this journalist so unprofessional.
He is clearly anti Kenyatta and anti Kikuyu. Tell also the story of an ''Eric'' from Kenyatta's tribe, tell of how his tribe were locked up and burnt alive in a church, tell of who started the violence.
Two wrongs do not make a right but do not just show one side. I almost agree with one of the last statements; it was a necessary evil.
He is clearly anti Kenyatta and anti Kikuyu. Tell also the story of an ''Eric'' from Kenyatta's tribe, tell of how his tribe were locked up and burnt alive in a church, tell of who started the violence.
Two wrongs do not make a right but do not just show one side. I almost agree with one of the last statements; it was a necessary evil.
1
An interesting and sad story. The ICC cannot function, though, unless it is truly international, and the absence of the United States gives the arguments of African statesmen who dislike what it tries to do a great deal of weight. In the meantime victims of state atrocities are ignored or forgotten.
2
This exhaustive article is an eye-opener. Sadly, it largely serves to dispel the instinctive High Respect of common people for the International Criminal Court. Chief Prosecutor Luis Moreno-Ocampo's attitude to Justice is dreadful. Common people expect Justice from any Court - it is the certain assurance of Justice which acts as the true deterrent to Criminals and Crime. The details of sloppy investigation & superficial prosecution cast a dark Shadow of Distrust on the ICC.
1
It amazes me the impunity the treaty of Westphalia and modern nation-state system still grants leaders who commit domestic crimes. We need more international monitoring and prosecution for cases like this. I hope the court is not just a failed footnote of history and can overcome this setback
5
Whatever Moreno-Ocampo'' missteps, African unease about the role of the ICC is broader than a matter of style and approach. It comes out of a combination of different factors. Some of the leaders are certainly self-serving and even inconsistent. However, the fact that the Court has not addressed the many cases of mass killings and possibly genocide outside the African region raises legitimate questions about the reasons and way that cases are selected. Millions of people have been killed or maimed in wars in Iraq, Afghanistan, Syria, Yemen, Sri Lanka, Burma, Indonesia, Guatemala, El Salvador, and Ukraine. How many leaders or military commanders from these countries have been the focus of the ICC? It is easy to forget that Africa was the last region to be liberated from Western imperialism. It is not surprising that there would be great sensitivity to any suggestions of paternalism and lack of respect for the leaders and people of the continent. Furthermore, the political manipulation of the court by Western powers has also been an issue. It was, for instance, interesting to note that the Court brought out an indictment against Qaddafi at the moment when NATO was busy dismantling his regime through a military campaign that was pushed through the United Nations Security Council in a less-than honest manner.
5
The puzzle of the Kenyatta case is more like that of Pablo Escobar,.."Plata O' Plomo"(Silver or Lead). With the amount of resources that the Kenyatta family control, the witnesses had to choose between money or certain death.
Just this week, the former UN Secretary General and PEV mediator questioned the wisdom having two individuals indicted of war crimes defend themselves while roaming freely,.."The President and the Vice-President were the ones in the dock and so they put lots of efforts and resources into fighting the case". That said, let Kenya move on so that our children will never have to see what we have seen.
Just this week, the former UN Secretary General and PEV mediator questioned the wisdom having two individuals indicted of war crimes defend themselves while roaming freely,.."The President and the Vice-President were the ones in the dock and so they put lots of efforts and resources into fighting the case". That said, let Kenya move on so that our children will never have to see what we have seen.
I grew in Kenya in its formative years as an independent country. The failure of ICC has cost Kenya's future dearly. Kenya's future is still unstable due to it's tribal loyalties in almost every issue of national importance. I remain justifiably worried! The failure of ICC and the unstoppable corruption in every facet of the Kenyan society will sooner or later lead to doom scenarios. Those who say they are friends ofKenya are ignoring it now at their peril. Impunity, even at a lowerer level than before, is rampant.
6
I weep for my country Kenya
4
The court didn't have the goods on Kenyatta--it's that simple. But Moreno-Ocampo pressed on anyway, because of arrogance, feelings of various kinds of superiority, who knows. And in the process appears to have wrecked the credibility of the ICC.
1
Indeed, this article needed to be written as it provides much needed insight into why the World Court's case against those leaders in Kenya, who were very likely involved in the 2007-8 post election riots, were not brought to justice. My only quarrel with the author is his use of the terms, "tribe" and "tribal" as they are western and not preferred expressions used by Kenyans who will speak of, "community" or perhaps, "ethnicity." True, a westerner will find use of these terms when in discussions with people of Kenya but that is generally because they tend to do so when in that situation. Amongst themselves, or when the westerner chooses to use, "community" they do not soeaj in terms of, "tribe.
As Makau Mutua, in his 2008, "Kenya's Quest for Democracy: Taming Leviathan" indicates, the road away from corruption and deceit at all levels in the Kenyan society must come from within, at the village level, so that a viable democracy can be formed. As long as fear, due to government prompted atrocities upon the people, continues to overshadow the public little if anything will change. Bribery and corruption at all levels will continue to get in the way of progress. Villagers will not become self sustainable and continue to think of entitlement in the form of handouts. Those who have jobs will likely perpetuate bureaucracy while the majority continue to try to exist on an average income equivalent to $2.00/day. This condition will perpetuate anger and distrust for the government.
As Makau Mutua, in his 2008, "Kenya's Quest for Democracy: Taming Leviathan" indicates, the road away from corruption and deceit at all levels in the Kenyan society must come from within, at the village level, so that a viable democracy can be formed. As long as fear, due to government prompted atrocities upon the people, continues to overshadow the public little if anything will change. Bribery and corruption at all levels will continue to get in the way of progress. Villagers will not become self sustainable and continue to think of entitlement in the form of handouts. Those who have jobs will likely perpetuate bureaucracy while the majority continue to try to exist on an average income equivalent to $2.00/day. This condition will perpetuate anger and distrust for the government.
2
We see this in Congo, in Sudan and in many other countries, including Kenya.
Moreno Ocampo did an absolutely remarkable job in building international public awareness of the ICC and of the crimes of the corrupt leaders of Kenya and Sudan, among others. Those who find fault need to do more than only to look at a host of detailed matters and listen to the views of assorted ICC insiders as your reporter has done, they also need to look at the shameful lack of major international support that the ICC and Ocampo has received in a world where far too much grand corruption and human rights abuse is tolerated.
Sincerely,
Frank Vogl
Washington DC