MALAWI ICC WITHDRAWAL COULD BE A GOOD IDEA – PETER QEKO JERE

Date:

PETER QEKO JERE - UNIVERSITY LECTURER

The Malawi Minister of Information’s respond over the ICC threat and intimidation is welcoming and a perfect reaction at this hour. The ICC has continued to issue threats and intimidation to the Malawi people over the Al Bashir issue. The Minister of Information Hon. Kaliati is right to tell the ICC that Malawi as a sovereign state has the right to withdraw from any Treaty that threatens the Sovereignty and peace of the nation. As a nation Malawi is free to decide what she wants to do and how to live in this world. Of what use will it be for the nation to be part and parcel of the international legal framework that undermines the sovereignty legality of the nation. The ICC is just a court and not an elected institution hence it has no mandate and legal authority to dictate terms of reference for any nation. The USA did not sign this treaty because among other things, the USA didnt want to be in such situations where the sovereignty of the state is undermined.

The Government of Malawi is governed by the laws and the constitution of the nation and not the ICC and the ICC as such has got no legal jurisdication to question who visit Malawi or not and how they visit and where they stay when they are in Malawi. If the ICC want Al Bashir so much then they should just get to Khartum and pick him up from there than to rely on nations. If this court was set with such intentions then its unfortunate. To ask Malawi to arrest a sitting head of state as was the case with the Al Bashir issue has shown that ICC is an instrument of conflict and confusion. Dont this Court not know that arresting a sitting heat of state is an invitation for more conflict and war? Do they think Sudanese would just sit and watch their president being arrested? Dont they think this could bring conflict in Africa? The ICC’s continual threats has shown that they care less about peace in Africa because it is better for them when the world is ungovernable and in conflict so that they find something to do.
Having said this, the reader need to be reminded that the USA in not party to this Treaty and an American citizen can not appear before it.
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