A British Lord yesterday asked the age-old question of what the United Kingdom government was doing to bring charges against Zimbabwean President Robert Mugabe for genocide and crimes against humanity at the International Criminal Court.
The answer was nothing.
Mugabe cannot be hauled before the ICC because Zimbabwe is not a signatory to the Rome Statute so the ICC has no jurisdiction over events in Zimbabwe.
“For the ICC’s Prosecutor to be able to initiate an investigation in these circumstances either the government of Zimbabwe would have to voluntarily accept the ICC’s jurisdiction, or a referral from the UN Security Council would be required,” Baroness Anelay of St Johns replied.
“Under the Rome Statute the Security Council can only refer a situation to the ICC; it cannot refer the case of any specific individual.”
The question came only a day after Mugabe had blasted the United States and the European Union for imposing evil sanctions against his country thus stifling development.
The EU has lifted sanctions on targeted individuals except Mugabe and his wife and the Zimbabwe Defence Industries.
The US has refused to lift its sanctions imposed more than a decade ago. A Chicago man is currently on trial for lobbying for the lifting of sanctions against Zimbabwe.
Zimbabwe is not the only country which is not a signatory of the Rome Statute. The United States is not a signatory either.
Q & A:
Lord Blencathra (Conservative) – To ask Her Majesty’s Government what consideration they have given to presenting a case to the International Criminal Court to bring charges against President Mugabe for genocide and crimes against humanity.
Baroness Anelay of St Johns (Conservative)– Zimbabwe is not a party to the Rome Statute so the International Criminal Court (ICC) has no jurisdiction over events which have taken place in that country.
For the ICC’s Prosecutor to be able to initiate an investigation in these circumstances either the Government of Zimbabwe would have to voluntarily accept the ICC’s jurisdiction, or a referral from the UN Security Council would be required.
Under the Rome Statute the Security Council can only refer a situation to the ICC; it cannot refer the case of any specific individual.
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