Thursday, August 6, 2009

Uganda Won't Implement ICC Warrant on Bashir Until "Verified" by AU, Can LRA's Joseph Kony Copy?

By Matthew Russell Lee
www.innercitypress.com/iccau2bashir072209.html

UNITED NATIONS, July 22 -- Uganda's foreign minister Sam Kutesa told the Press on Wednesday that his country is "obligated to implement International Criminal Court warrants" such as the one against Sudanese president Omar al-Bashir, but that as a member of the African Union, Uganda is not implementing the al Bashir warrant until the AU "verifies" it. Video here, from Minute 1:24.

While some might welcome a process for regional appeals of ICC indictments, it raises the question: why for example can't Lord's Resistance Army leader Joseph Kony, who Uganda referred to the ICC, forestall execution of the ICC warrant against him by commissioning a study such as the one of Bashir? That is, how prominent does the study group have to be, to justify an ICC member not acting on an ICC indictment?

On July 17, Inner City Press asked the President of the ICC's Assembly of State Parties, Liechtenstein's Ambassador Christian Weneweser, about Uganda's positions on al-Bashir. Some in the administration of President Yoweri Museveni had said Bashir would be arrested if he came to Uganda, then Museveni said no and reportedly apologized.

Wenewaeer said
that on July 16, he had a long conversation with Uganda's Ambassador who gave assurances was committed "to its obligations under the Rome Statute" -- that is, to arrest al Bashir. Since Museveni had invited al Bashir to Uganda, Inner City Press asked Wenaweser if this might be a set up. "Ask him the question," Wenaweser said, referring to Uganda's Ambassador Ruhakana Rugunda. Video here, from Minute 6:42.

While Inner City Press later that day did ask Uganda's Ambassador the question -- click here for the answer -- on July 22 his boss, foreign minister Kutesa, was at the UN to debate post-conflict peacebuilding. Afterwards Inner City Press asked him to clarify Uganda's position. "Uganda's position is very clear," he said, adding it is obligated to implement ICC warrants but as a member of the AU it will await the findings of the AU group headed by South African's former president Thabo Mbeki.

Then you will implement the warrant? Absolutely, Kutesa said, once the AU has verified the indictment.

And if it is not verified, Inner City Press asked, then what?

"Then the AU will take a position," Kutesa said. So apparently, the African Union trumps the ICC, at least for Uganda. Watch this space.

Footnote: Minister Kutesa held a lunch for ambassador at which, one attendee told Inner City Press, he spoke in more detail about Somalia that at the Council stakeout. There, when Inner City Press asked about peacebuilding and the DRC and Somalia, he answered vaguely that both are ready for peacebuilding. Since al Shabaab is throwing at least parts of the UN out of Somalia, its readiness for the PBC is in question.

Kutesa appeared with the suddenly omnipresent Chilean Ambassador Geraldo Munoz, chairman of the Peacebuilding Commission, head of the investigation of the murder of Benazir Bhutto in Pakistan, and speaker for pro Responsibiliy to Protect NGOs now at the UN. Some say Munoz is looking for a UN job. Watch this space.

And see, www.innercitypress.com/iccau2bashir072209.html