May 14, 2011

In my recent travels across Africa, I have struck by the increasing number of people who are becoming skeptical, even cynical of the International Criminal Court. The initial euphoria which heralded the establishment of the Court a decade ago seems to be fizzling. This trend is worrisome for two reasons.
So, what accounts for the new skepticism? Simply, it is the growing perception of imbalance. An old adage states that it is not enough that justice is done; it must also be seen to have been done. The credibility problem that the ICC increasingly faces in Africa is not its failure to do justice in individual cases but the perceptions that overall, it has failed to do justice equally.
As one African professor asked recently at a human rights conference, “How come almost all the offenders indicted or convicted by the ICC have been Africans?” He reeled out the names: Thomas Lubanga, Jean Pierre Bemba, Germain Katanga, Mathieu Chui, Charles Taylor and Omar El Bashir. “Does it mean that there are no gross human rights violators anywhere else in the world? It might as well be called the International African Criminal Court.”
Many saw this crisis of legitimacy coming. Under Article 17(a) of the Rome Statute which set up the ICC, a case is admissible only where the state which has jurisdiction over it is either unwilling or unable to genuinely carry out investigation or prosecution. Where a state with jurisdiction has investigated or prosecuted a case, it is inadmissible before the ICC.
Now, which states are more likely to be “unable” to investigate a case? Weak and fragile post-conflict states in the developing world, of course. Besides, who determines whether a “willing and able” state has indeed properly investigated and prosecuted a case? This inevitably means that for the foreseeable future, the only offenders you will see in the dock at the ICC will likely be from the weak states of the global South. It creates a credibility problem.
When the African Union unanimously opposed the ICC’s indictment of President Omar El-Bashir of Sudan over the killings in Darfur, it sent a powerful message. Recently, a top judge from the ICC’s Appeals Division, Daniel David Nsereko Ntanda on a speaking tour with civil society groups in Uganda stressed: "the ICC is not targeting African states, nor is it a Western imposition on the African continent and its people as perceived by some people…” More needs to be done. The ICC may already be swimming against a rising tide of public opinion in Africa.
What should be done? Radical as this may sound, the Statue of Rome needs to be revisited. Admissibility of cases before the ICC should not simply rest on the presumed inability or unwillingness of states with jurisdiction to investigate or prosecute a case.
An International (African) Criminal Court?
Apr 12, 2011

Obama talks about the “Audacity of Hope” but I just discovered something else – the “Tenacity of Hope.” I was listening to a BBC news report of how communities in Japan are rebuilding after the devastating earthquakes and Tsunami in that country. They interviewed a 70 year old rural farmer who was working with his grandson to clear the rubble of what used to be their home. “How do you get the strength and motivation to carry on amidst all this devastation?” the BBC journalist asked the man. “Doesn’t the task of rebuilding all that has been lost overwhelm you?” His reply was an eloquent testament to the “tenacity of hope.”
“Our city…” he said (and I am paraphrasing here) “…has been destroyed several times in history by tsunamis and earthquakes. It is the nature of our land. But each time it was always rebuilt …better than before. There is a spirit of resilient rebuilding that our parents passed on to us. It is our duty to pass that spirit of rebuilding on to the next generation. It is crucial to our country’s survival. This is why I must work here with my grandson to clear the rubble… to pass on that spirit of rebuilding…”
The Japanese have always struck me as a resilient and determined people. Any student of history or indeed anyone who has read the intriguing novel Black Rain knows about the devastation the country endured after the dropping ofthe atomic bomb in Hiroshima and Nagasaki during the Second World War. Yet, barely five decades later, it had emerged from the rubbles to become one of the strongest industrial economies in the world. This time too, I am sure the country will rebuild and flourish. Our hearts go out in solidarity to the Japanese people as they rebuild. There is a much the rest of us can learn from that nation’s spirit of resilience and tenacity.
Rebuilding Japan: The Tenacity of Hope
Apr 4, 2011

THE WORSE THING IS NOT TO DIE
BUT TO BE ALIVE AND NOT KNOW WHY...
Quote of the Week

Humanitarian Intervention or Strategic Intervention?
Mar 1, 2011

The Crisis in Libya Could Spell Disaster for the Rest of Africa
Feb 26, 2011
“We are dying. …. I'm talking to you and you are listening to me and you are seeing the videos and people are talking to you from inside, outside of Libya. But the action -- there needs to be action. How much more waiting, how much more watching, how much more people dying?”
A heart wrenching appeal by an unidentified Libyan woman to the world to do something urgently about Gadhafi’s massacre of his people. This is genocide unfolding again before our very eyes.
I watched this on TV and my heart just sank. Are world leaders listening? How can anyone not be moved by the plight of this brave woman and the Libyan people?
When it happened in Auschwitz, we said we didn't know it was happening.
When it happened in Cambodia we said we were shut out by the Khmer Rouge.
When it happened in Rwanda we said we underestimated the killings.
When it happened in Darfur, we said he weren't sure the killings merited the label.
Now, a voice cries out from Libya that is happening again before our very eyes.
What will be our excuse this time?
The Massacre in Libya: What will be our excuse this time?
Feb 22, 2011


The revolutions sweeping across the Arab world have shone a spotlight on the Gene Sharp, described as the author of the rule book on non-violent revolution. His book “From Dictatorship to Democracy” has been widely credited with guiding and inspiring the uprisings in Egypt and elsewhere in the Arab world.
Although the rest of the world is just discovering the influential work of this America academic and political theorist, many of those interested in matters of social justice and peace have long been familiar with his name and his work.
In the past couple of weeks both the New York Times and the BBC have done lengthy exposés on the life and work of Gene Sharp and how his 198 methods of non-violent revolution have shaped non-violent uprisings against autocratic rulers from Eastern Europe to South America to Middle East.
As one long familiar with the work of Gene Sharp, I would be the first to agree that Sharp’s theoretical and practical approach to non-violence indeed directly influenced the recent events we are witnessing.
But here is my problem with the way much of this has been reported. Sharp is being made out as the “inventor” of the principles and strategies of non-violent revolution. It is a disservice to the work of this great intellectual. Even Sharp himself, I am sure, would object to such patronizing and aggrandizing representations of him and his work.
Long before Sharp, there was Mahatma Gandhi’s Satyagraha and of course, MLK's civil rights movement. Both men in their writing and actions outline concrete strategies for non-violent struggle. Mahatma Gandhi himself was influenced by ancient Hindu and Confucian principles of non-violence. Hindu traditions of passive constrains on recourse to violence shaped his strategies of dealing with British imperialism in India – from the idea of Ahmisa "non injury” to the defiant Salt Marches of the 1930s.
Satyagraha encapsulated non - violence in both theory and action. MLK, by his own admission, was influenced by Gandhi's Satyagraha. Sharp too, was no doubt influenced by these earlier ideas and
Nonviolence as a principle and political strategy has a long history. We must not be blinded to this rich history by our quest for heroes and supermen to explain the current wave of non-violent uprisings.
The young Egyptians who stood their grounds in Tahrir square to topple a dictator are justified in their resentment of the suggestion that their revolution can be credited to one Western intellectual (as reported in the BBC story). They are rightly offended. Their non-violent struggle against tyranny and injustice follows a long tradition of human struggles for change through non-violence. It is tradition that no single man can be credited with.
Before Gene Sharp there was Gandhi's Satyagraha
Feb 13, 2011
My congratulations to the vibrant and freedom-loving people of Egypt for their resilience and determination in ousting tyranny and dictatorship.As I predicted in this blog a few days ago, it was only going to be a question of time and the extent of the people's resolve.
Tyrannical dictatorships not only in the Arab world but elsewhere have been put on notice from Libya to Myanmar; from North Korea to Zimbabwe.
The internet generation has shown that they will not be browbeaten and intimidated by the arrogance and brutality of power. They know they have a new and unprecedented power of knowledge and mobilization. The genie is already out of the bottle and although there are bound to be difficulties along the way, things are never going to return to the way they were in Egypt. The people of Egypt have ensured that.
As Egyptians celebrate their freedom, let them not forget the many that died during and before the uprising for the course of freedom. They are the true heroes of this struggle.























