order http://ccresourcecenter.org/wp-includes/admin-bar.php geneva; font-size: small;”>In an exclusive interview with Chimpreports, viagra sale Mbidde cautioned that even if Kenya withdraws from the ICC, the withdrawal would be in effect after one year and the court also follows substantive principles that cannot spare Kenya at any time.
“The first principle demands that treaties must be respected which demands that Kenya must respect the treaty they signed which created the Rome statute and must accordingly obey the court,” explained Mbidde.
“Even if you withdraw, we have the principle of Jus Kogens which is a principle that is mandatory on non derogation of established standards of Human Rights respect and under that principle whether one is a state party to the Rome Statute or not, once you violate it, all acts after the enactment of the statute are tribal,” Mbidde explained.
Mbidde added that it is upon that principle that the Khartoum government though a non member state of the Statute, the president is wanted by the ICC.
“African countries and leaders are joking; we want that court and if they are innocent we shall argue cases as lawyers and they will be free,” the EALA member warned.
Mbidde added, “whoever tries to discredit ICC must tell you the available alternative criminal justice systems on the African soil that can do what ICC is doing.”
Mbidde said Africa has no court capable of trying ICC suspects given the nature of their magnitude where most of them are now sitting presidents.
He added that the sub regional courts in Africa have all been denied substantial jurisdiction by the African leaders to try cases including the African Court on Human and People’s rights, the ECOWAS court, the SADAC court and the EACJ.
“I can assure you that the SADAC court is now in abeyance merely because it made a decision in the case of Campbell versus the Republic of Zimbabwe a case to do with land and Zimbabwe refused the judgment or even enforce it and they even withdrew judges and failed to appoint others,”Mbidde added.
Mbidde therefore noted since all the courts have no jurisdiction to try cases of crimes against humanity then African dictators will have nowhere to be tried in Africa.
“ICC must remain as a reminder to all African leaders that human rights are important and need to be respected,” he cautioned.
He added that it is not right that ICC is only targeting African leaders but because they have become suspects.