In 2005, the International Criminal Court (ICC) issued warrants of arrest for 5 Ugandans. This was the first case in Africa and in ICC. It was referred by the Ugandan government. When issuing those warrants of arrest, Prosecutor Louis Moreno Ocampo targeted one side of the conflict called the LRA.
The other side of the conflict that was fighting was left out as Ocampo and his successor Fatou Bensouda decided that the evidence did not meet the threshold. In 2005, I took up the case of injustice against ICC and protested to then UN Secretary-General, the late Kofi Annan.
This morning, 16th June 2021, the curtain falls on two fake prosecutors who faked evidence, procured, and obstructed justice at the ICC OTP. I am glad that lawyer Karim Khan QC from a civilized nation on earth called BRITAIN is taking over as the new Chief Prosecutor.
William Shakespeare put it “All the world is a stage, and all the men and women merely players: they have their exits and their entrances, and one man in his time plays many parts, His acts being seven ages,”
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Louis Moreno Ocampo and Fatou Bensouda are exiting a scene of crime called OTP today 16th June 2021 but I believe one day they will face justice for faking most of the African cases.
Today, as I cogitate and ponder on the journey I have had from the dreary corridors of the International Criminal Court on Uganda, Sudan, DRC, Liberia, Ivory Coast, and the Kenyan cases, my heart cannot skip the throb of approbation and a battle conquered for Africa.
When I decided to be part of Kenyan cases, I had nothing in me but the mission and the odyssey of the Pan-Africanism which palpitated the hearts of Kwame Nkurumah, Thomas Sankara, Ahmed Sekou Toure, and many gallant sons of Africa – whose pronouncement was free Africa for Africans.
Despite the Kenyan 10th parliament’s infamous ipse dixit “Let’s not be vague, let’s go to Hague,” in my convictions and intuition, I saw ICC as a rogue institution and a lapdog for the Western powers to persecute, victimize and even dislodge African regimes with impunity.
It was crystal clear that six Kenyans were going to be extradited to a land afar in The Hague on forged, spurious, trumped-up charges. Besides, I believed Africa had its own internal mechanisms to resolve its own issues.
At the time when Chechnya, Syria, Afghanistan, and many other European Countries were experiencing a nerve-chilling bloodbath, it was sardonic that Louis Moreno Ocampo would selectively pursue African countries.
I could no longer live in my comfort zone in London, some had to be done. I left my palatial home in Surrey South East of England to defend people I did not know.
I did not know those Ugandans, I did not know the six Kenyans, but the type of investigation conducted forced me to stand by them.
It was a journey I was willing to pay price for, and as fate would have it, insurmountable obstacles rocked the sail. From illegal arrests and interrogation by ICC detectives to malicious accusations of witness interference were just but the beginning of the treacherous journey that lay ahead.
It was a no-mean fete, but nonetheless, I stood with the truth and it won the day. It was a reincarnation of Mahatma Gandhi’s axiom that “First they ignore you, then they laugh at you, then you win,”
My 21 petitions in ICC and the subsequent withdrawal of the Kenyan cases worked as an eye-opener for the continent. For the first time, the African Union and several states began to interrogate the operations and the legitimacy of the ICC, a soul-searching moment that Africa had ignored since the inception of the court.
Whilst on this, I did it purely for the people of Africa as their servant. As Max Dupree once said, “The first responsibility of a leader is to define reality. The last is to say thank you. In between, the leader is a servant.” That’s my duty for the African people, the call I will carry to devotion.
As the curtain closes African countries have not learnt any lesson and have not readjusted the presence in ICC through Article 127 of the Rome Statute and remain the biggest membership with 33 countries waiting for the disaster to strike at them.
Lastly, I wish the new Chief Prosecutor Lawyer Karim Khan QC all the best and courage to handle the new role of being a prosecutor as opposed to being a defense lawyer. I will remain an international investigative activist who will speak out against all ills.
I thank you all who stood by me on this torrid journey especially my wife and my grown children who read some of the harsh posts on me during the ICC debacle. I want to thank those whose names I cannot list here for the encouragement you gave me to stand firm.
The rest is history and my Pan Africanism remains strong to date.
Dr David Matsanga is Chairman Pan African Forum Limited