Group Urged Ghana to Pass International Criminal Court Bill

Justice Emile Short, Fmr. Commissioner for CHRAJ
Human Rights advocates and Civil Society Groups are urging Ghana to pass the International Criminal Court Bill, which Ghana ratified in 1999 and came into effect in 2002, in order to deal with criminal cases in the country should the need arises.

This came to the lime light during a discussion commemorating the 20th Anniversary of the International Criminal Court (ICC) which also coincided with the 20th Anniversary of the Ghana Centre for Democratic Development (CDD-Ghana) in a debate held at the Coconut Grove Regency Hotel, Accra. 

The debate was on the theme, Twenty years of the ICC: The Hits, Misses and Prospects for Pursuing Justice for Victims of Atrocity Crimes.  

A member of the experts panel, Justice Emile Short, who is also a former judge for the International Criminal Tribunal for Rwanda, stated it is important the society puts pressure on the government to pass the International Criminal Court Bill to satisfy the provision of the Rome Statute.

He noted that it is eminent because the cases that sent some countries into war and conflicts arose from electoral disputes

“It is important the society puts pressure on government to pass the legislation of the International Criminal Court Bill and to take steps to reciprocate the Rome Statute and also develop our national criminal justice system to be prepared to deal with such cases”, Justice Short said.

He further mentioned that it is imperative to be proactive rather than being reactive in dealing with criminal matters in the sense that the issues that sent countries like Kenya and Ivory Coast into conflicts arose from electoral disputes. 

He mentioned that such cases can also occur in the country.

“We must never think that it [electoral conflicts] would not happen in Ghana. Nobody thought it could occur in Ivory Coast and Kenya. In Kenya and Ivory Coast, conflicts arose from elections. So it is a remote possibility that conflicts that occurred in Kenya and Ivory Coast, which gave rise to commissions of atrocities can apply and occur in Ghana”, the former judge mentioned.

Justice Short stressed it is not surprising that the ICC is dealing with cases relating to Africa because the African continent is a host to so many conflicts that affect many lives and properties and it is vital that Africa supports the ICC in giving justice to victims of criminal atrocities.

The Africa Centre for International Law and Accountability (ACILA) also shared similar views during the debate. 

Its Executive Director, Mr. William Nyarko mentioned that Ghana was one of the first to adopt the Rome Statute in 1999 and under the statute, once there is ratification, there should be domestication of the international law.

“Under the Rome Statute, once there is ratification, the state must have a local law to back its implementation. When a crime [one that the national court is unable or unwilling to handle] happens in Ghana that the ICC wants to prosecute, we do not have to send a Ghanaian to The Hague. The ICC can sit here and deal with the matter”, ACILA Boss stated.

Asked why Ghana has since not ratified the Rome Statute, the Executive Director insisted that there has not been the demand for it's implementation by the populace and that politicians are only focusing on what they feel the people want.

In the opening remarks by the Executive Director of CDD-Ghana, Mr. Henry Prempeh, shared same sentiment and echoed for the state to take immediate steps in passing the bill 19 years after Ghana ratified. 

He stressed that Ghana must align its national laws with the Rome Statute by passing the International Criminal Court Bill.

The Rome Statute is a treaty that established the ICC. It was adopted in Rome, Italy on July 17th, 1998 and entered into force on July 1, 2002. 

The Chairperson for the occasion was H.E. Akua Kuenyehia, former judge and first Vice President of the ICC. Among the expert panelists were Ms. Evelyn Ankumah, Executive Director, Africa Legal Aid at The Hague, H.E. Kabral Blay-Amihere, Former Ambassador TO Sierra Leone and Ivory Coast and Prof. Anne Pieter Van Der Mei, Professor of Law, Department of Public Law, Maastricht University,                        

No comments:

Post a Comment