International Criminal Court: China, US differ on Africa
- By He Wenping
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E-mail China.org.cn, July 23, 2015
China didn't join the organization because it has its reservations about certain clauses of the Rome Statute with regard to their interpretation, for instance the definition of "universal jurisdiction" and "prosecutor's investigations proprio motu". Despite the difference, China has closely followed the ICC's moves and development and holds an open attitude towards it. It does not preclude the possibility of joining the international body. As a country that has been invaded by Western powers repeatedly after 1840 and suffering Western hostility since 1949, China, like African countries, treasures and is particularly sensitive about state sovereignty including judicial sovereignty, and it does not endorse the concept of "human rights above sovereignty."
In the strained relations between ICC and Africa, China supports the latter's assertions. For instance, when the AU summit passed a resolution in May 2013 asking ICC to hand over the case of Kenya's newly elected president, Mr. Uhuru Kenyatta, to a domestic court of the country, China's foreign ministry expressed the hope that the international community respects the Kenyan people's will and that the ICC takes serious heed of the AU and African countries' opinions. On November 15 the same year, the UN Security Council, urged by the AU, voted on a resolution to postpone the trial of the Kenyan leader. China voted for it, though the measure finally failed to pass, with seven votes for, zero against and eight abstentions.
The US' passive attitude towards ICC stems from the ambivalence it has towards a balance between the ICC concepts and its own national interests, values and self-protection under the theory of "American exceptionalism". On the one hand, Washington, out of its need to carry out its global strategy, protect its national interests and popularize the values of "human rights above sovereignty", wants and expects ICC to build up authority in trying cases of genocide and crimes against humanity. On the other hand, it requests ICC to grant all Americans "judicial immunity" based on the theory of "American exceptionalism". In other words, the ICC authority would only apply to non-Americans. The US launched two wars, against Afghanistan and Iraq, during George W. Bush's tenure as American president, and Washington's attitude towards the ICC was ostensibly confrontational.
Though it hates to be fettered by ICC rules, the US hopes to affect and control the organization through the UN Security Council. When disputes arose between the ICC and Africa, Western – especially American – media often blamed the latter, citing the high-sounding slogans of "judicial fairness" and "letting justice be done". They said African countries should respect and carry out the ICC's convictions, since all the cases handled by the court had been filed by signatory countries themselves or transferred by the United Nations. That is a hypocritical statement as the US keeps itself outside the Rome Statute. Washington's appeal for "judicial fairness" is not convincing.
When they signed the Rome Statute, African countries were also dreaming for "judicial fairness and justice," hoping to, by using the international judicial force, curb corruption, autocracy and even despotism exercised by certain African leaders. However, they became doubtful about this kind of "judicial fairness" when the ICC ignored their state sovereignty and dignity in issuing of subpoenas and trying of cases and when the "fair" conviction was made with no regard of the possible disaster it might cause to the implicated country and region.
If the ICC is to improve its relationship with Africa and resume its authority, it will need to strike a balance between "safeguarding judicial fairness and justice" and "respecting Africa's sovereignty and dignity" and "ensuring peace and stability in Africa" in its court hearing, decision making and law enforcement.
He Wenping is a Research Fellow at the Charhar Institute and a Research Fellow at the West Asia and Africa Studies Institute of the China Academy of Social Sciences.
The article was first published at Chinausfocus.com, see more at: http://www.chinausfocus.com/peace-security/icc-china-us-differ-on-africa/#sthash.f3er6DSc.dpuf
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