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JUSTICE OR POLITICS?
Rank: Member Joined: 1/14/2012 Posts: 201 Location: nairobi
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Is the ICC credible and is there a possibility that it's used by Powerful Western countries as a political tool? LIFE IS SO GOOD
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Rank: Elder Joined: 1/27/2011 Posts: 1,777
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Am beginning to think that the ICC is actually a tool of Neo-colonialism. It's financial benefactors are mostly western countries and therefore open for use as a political tool by them. You would expect leaders from Africa and maybe the Arab world to feature more in cases at the Hague than maybe those from European countries.
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Rank: User Joined: 5/3/2011 Posts: 559
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ICC Ruling-Ignorance or Blinded?
I have gone through most of the ICC comments in Wazua and one thing strike me most of the people commenting in Wazua seem to buy into a notion that ICC rulings is incorrect.
First, like I have said before, people died and someone has to be responsible, the question is, are the 4 responsible? We don't know, but Ocampo and ICC judges believe that there is a ground that implicate the 4, so who are we to reject the claim? we've not seen the evidence, we've not interview the witness, most of us cannot even interprate a law!
Secondly, ICC clearly stated that they are only handling those with greatest responsibilities so the argument that some killers still walk free has been answered- yes they're killers but ICC believe they are not in top 4-.
Thirdly, You might be Uhuru or Ruto fun, but get over it, they have a case to answer in ICC and your opinion do not matter, I am a Kalenjin, I do not believe that Ruto gave orders to attack Kikuyus but I understand the fact that there is a probable course to beleive that during the 2007 campaign politicians including Ruto could have utter statements that can be believe to have eventually trigger the violence. To a layman it doesn't seem to make sense but according to the law if there is a probable course to believe that what you did could have caused someone else to act on it make you as guilty as the person who carried out the act, Infact in most cases the person who acted could be guilty of less charges than the person whose statement or doing cause another person to act.
Lastly, why are we even talking about the 4, we have IDP!
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Rank: Elder Joined: 7/10/2008 Posts: 9,131 Location: Kanjo
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exactly...this is the only way the west can control africa. it's a shame people like GWB and kings from oil rich countries that oppress and kill their citizens have had no arrest warrants issued. I don't know why we even bother with Ocampo. we should just ignore his warrants as one Bashir did but only if we have a good system of governance and judiciary. I believe our judicial system is shaping up but lets see how Baraza case progressesi.am.back!!!!
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Rank: Member Joined: 5/13/2008 Posts: 558
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Drunkard wrote:ICC Ruling-Ignorance or Blinded?
I have gone through most of the ICC comments in Wazua and one thing strike me most of the people commenting in Wazua seem to buy into a notion that ICC rulings is incorrect.
First, like I have said before, people died and someone has to be responsible, the question is, are the 4 responsible? We don't know, but Ocampo and ICC judges believe that there is a ground that implicate the 4, so who are we to reject the claim? we've not seen the evidence, we've not interview the witness, most of us cannot even interprate a law!
Secondly, ICC clearly stated that they are only handling those with greatest responsibilities so the argument that some killers still walk free has been answered- yes they're killers but ICC believe they are not in top 4-.
Thirdly, You might be Uhuru or Ruto fun, but get over it, they have a case to answer in ICC and your opinion do not matter, I am a Kalenjin, I do not believe that Ruto gave orders to attack Kikuyus but I understand the fact that there is a probable course to beleive that during the 2007 campaign politicians including Ruto could have utter statements that can be believe to have eventually trigger the violence. To a layman it doesn't seem to make sense but according to the law if there is a probable course to believe that what you did could have caused someone else to act on it make you as guilty as the person who carried out the act, Infact in most cases the person who acted could be guilty of less charges than the person whose statement or doing cause another person to act.
Lastly, why are we even talking about the 4, we have IDP! @ Drunkard, i like the way you have objectively analysed the issue. Emotions Kando,......some of these guys WR & UK in particular have been chest thumping all over why should i be sorry on their behalve now. The whole ICC thing maybe not be propoerly constituted but did Kenyans think that all the 6 suspects cases should not have been confirmed. The credibility of the court was at state also and thats why they want a full trial.
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Rank: Member Joined: 1/14/2012 Posts: 201 Location: nairobi
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Think about it this way-the politics is in the actual hand picking of those who bear the greatest responsibility. By picking the six in a certain way it would still be legally correct and there is incriminating evidence against those picked but at the same time the choice of the top six would still further some political agenda. ICC is not as clean as you would want to imagine. LIFE IS SO GOOD
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Rank: Member Joined: 9/23/2011 Posts: 175 Location: Nairobi
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It's justice and politics and at worse Selective justice and politics.
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Rank: Elder Joined: 1/27/2011 Posts: 1,777
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madammary wrote:It's justice and politics and at worse Selective justice and politics. The US is not a signatory of the ICC and it cites infringement on their sovereignity as reason for not being party to ICC. Then the US which doesn't want ICC laws applying to them, wants the Kenyan Govt,Kenyans and the four suspects to fully cooperate with the ICC process and issues a statement to that effect. What does that mean to you?
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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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I find the ICC debate a bit puzzling and very divisive. I find the argument that ICC is being used by the west to clear way for Raila far-fetched. However, some interesting things have been happening. 6 Kenyans were initially listed by Ocampo. 3 from each side(ODM and PNU??). Coincidence? Maybe. Then the judges confirmed charges for 4, 2 from each side. Another interesting coincidence! Can I safely deduce from this that if any appeal was to go through a balancing one would have to be sought on the other side? Some of the ICC funders have been contemplating withdrawing from assisting the court because of its inability to convict suspects. Infact, the ICC could cease existing! Could this be a reason as to why Kenyan cases had to go this far? Could it also mean that the court will be very lenient with the prosecutor in an attempt to secure convictions? On the other hand we had the 91/92 clashes, the 97 and 2005 clashes all for which no one was punished! Elsewhere in Africa, Mengistu, Amin, Bokassa, PW Botha etc committed crimes for which they were not punished. A court like the ICC would be necessary to reduce such incidents but it is apparent that such would only be for 3rd World leaders(when will they investigate Britain and US over Libya?) The ICC is a necessary evil.
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Rank: Chief Joined: 8/24/2009 Posts: 5,909 Location: Nairobi
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Lolest! wrote:I find the ICC debate a bit puzzling and very divisive. I find the argument that ICC is being used by the west to clear way for Raila far-fetched. However, some interesting things have been happening.
I agree http://www.nation.co.ke/...90/-/u2h24m/-/index.html
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Rank: Elder Joined: 11/14/2007 Posts: 4,152
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ICC did what they had to do and whether we celebrate or not they just don't care! What we should be asking ourselves is what will happen to the other criminals who incited Kenyans against each other.....the other lot who we've been ignoring since their crimes were "too small" for Ocampo.
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Rank: Elder Joined: 1/27/2011 Posts: 1,777
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A court is set up and it's jurisdiction is by all practical purposes in the third world countries-the first world want nothing to do with the kind of international justice the court is supposed to bring, if it's going to apply on their soil. Ironically the ICC main financiers are the first world countries that wants nothing to do with it's international justice interfering with their sovereignity. It's a funny world.
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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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josiah33 wrote:A court is set up and it's jurisdiction is by all practical purposes in the third world countries-the first world want nothing to do with the kind of international justice the court is supposed to bring, if it's going to apply on their soil. Ironically the ICC main financiers are the first world countries that wants nothing to do with it's international justice interfering with their sovereignity. It's a funny world. The ICC can charge anyone regardless of their country's stand on the Rome statute.
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Rank: Chief Joined: 8/24/2009 Posts: 5,909 Location: Nairobi
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josiah33 wrote:A court is set up and it's jurisdiction is by all practical purposes in the third world countries-the first world want nothing to do with the kind of international justice the court is supposed to bring, if it's going to apply on their soil. Ironically the ICC main financiers are the first world countries that wants nothing to do with it's international justice interfering with their sovereignity. It's a funny world. The same "court" offered Kenya to set up a local tribunal (read maintain sovereignty) and now you turn to label it a Western machine...surely!!!
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Rank: Chief Joined: 8/24/2009 Posts: 5,909 Location: Nairobi
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TAZ wrote:ICC did what they had to do and whether we celebrate or not they just don't care! What we should be asking ourselves is what will happen to the other criminals who incited Kenyans against each other.....the other lot who we've been ignoring since their crimes were "too small" for Ocampo. Good question @Taz, ICC is dealing with the masterminds, organizers and financiers first!! The Kenya government was never interested in setting up a local tribunal, what has changed? is it for people to feel that justice has been "equated" so that you see the politicians you "hate" charged?
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Rank: Elder Joined: 1/27/2011 Posts: 1,777
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Lolest! wrote:josiah33 wrote:A court is set up and it's jurisdiction is by all practical purposes in the third world countries-the first world want nothing to do with the kind of international justice the court is supposed to bring, if it's going to apply on their soil. Ironically the ICC main financiers are the first world countries that wants nothing to do with it's international justice interfering with their sovereignity. It's a funny world. The ICC can charge anyone regardless of their country's stand on the Rome statute. Ok, it's true but a country that's not a signatory has no obligation to assist in the ICC process unlike a signatory country that has an obligation not to undermine the court's process. So unless someone from a non-signatory country is reffered to ICC by the security council of the UN it would not be easy for ICC to charge them. If a country is not a member of the International Criminal Court (such as Libya and Sri Lanka), its citizens can be prosecuted by the ICC for crimes against humanity, war crimes, or genocide only if the UN Security Council refers it.
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Rank: User Joined: 5/3/2011 Posts: 559
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Oooh! Look initially I thought some people here are sycophant, ti turn out most of them are dillusional instead.
@Bigbossman, absolutely, the ruling will influence politics but reading beyond that is subjective.
@Madammary, It looks like someone you didn't want to be on the four actually made into the four, too bad but the fact of the matter is no matter where you stand politically or ethnicically, this is good for the country because going forward politicans will think twice before openning their mouth.
@Josiah33, your point of argument is flawed in so many ways, first you fail to recognize that Western Countries who actually finance the ICC have strong and functioning justice systems, something we don't have, if we had it we wouldn't need ICC, arguing on USA not being part of ICC is a flawed approach!
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Rank: Elder Joined: 1/27/2011 Posts: 1,777
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Drunkard wrote:Oooh! Look initially I thought some people here are sycophant, ti turn out most of them are dillusional instead.
@Josiah33, your point of argument is flawed in so many ways, first you fail to recognize that Western Countries who actually finance the ICC have strong and functioning justice systems, something we don't have, if we had it we wouldn't need ICC, arguing on USA not being part of ICC is a flawed approach! It's true that ICC was meant to compliment the judicial system of NATIONS and it usually takes charge if they find that the country's judicial system cannot be trusted to try the perpetrators of crimes against humanity. Also the US has a strong and functioning judicial system but i doubt they would ever find BUSH guilty of war crimes in the US, and the UN security council and ICC might just need alot of persuading to ever try BUSH or some other such people at the Hague. I really am not against the ICC and international laws and am glad we are not going to have a repeat of the madness that took place after the last elections courtesy of ICC. Am just concerned about the double standards.
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Rank: User Joined: 5/3/2011 Posts: 559
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@ Josiah33,
What did Bush do? He invaded Iraq, he declare war according to the USA constitution, the casualties you see in Iraq and Afga... can me argued to be casualties of war. However, you cannot go to war against your own people, that is crime against humanity, you cannot also attack unarmed civillians during war, that is also crime against humanity, while there has been a number of civillian casualties in Iraq and Afga... there is no clear pattern to suggest that US is intentionally attacking civillians in Iraq or Afga, get the point?
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Rank: Member Joined: 9/23/2011 Posts: 175 Location: Nairobi
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Drunkard wrote:@ Josiah33,
What did Bush do? He invaded Iraq, he declare war according to the USA constitution, the casualties you see in Iraq and Afga... can me argued to be casualties of war. However, you cannot go to war against your own people, that is crime against humanity, you cannot also attack unarmed civillians during war, that is also crime against humanity, while there has been a number of civillian casualties in Iraq and Afga... there is no clear pattern to suggest that US is intentionally attacking civillians in Iraq or Afga, get the point? crimes against humanity are not neccesarily committed against one's own countrymen.
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