Five Things to Know about the International Criminal Courthttps://english.aawsat.com/home/article/3724736/five-things-know-about-international-criminal-court
Five Things to Know about the International Criminal Court
Illustrative: Police escort a group of supporters of former Ivory Coast president Laurent Gbagbo outside the International Criminal Court in The Hague, Netherlands, Thursday, Feb. 6, 2020. (AP/Peter Dejong)
Five Things to Know about the International Criminal Court
Illustrative: Police escort a group of supporters of former Ivory Coast president Laurent Gbagbo outside the International Criminal Court in The Hague, Netherlands, Thursday, Feb. 6, 2020. (AP/Peter Dejong)
The International Criminal Court, which celebrates its 20th anniversary on July 1, is the world's only permanent tribunal to investigate and try alleged cases of genocide, war crimes, crimes against humanity and aggression where member states are unable or unwilling to do so.
Here are five things to know about the court based in the Dutch city of The Hague, which is investigating alleged war crimes in Ukraine, AFP reported.
- US, Russia, Israel opted out -
A total of 123 countries have ratified the court's founding Rome Statute, meaning they recognize its jurisdiction, but there are some conspicuous absences, notably the United States, Russia and Israel.
Both the United States and Russia have signed the Rome treaty but never ratified it. Moscow in 2016 withdrew its signature over an ICC report calling its annexation of the Crimean peninsula an occupation.
Israel opposed the court from the outset, fearing that its leaders and/or military could be targeted in politically motivated cases.
Other notable non-members include China, India and Myanmar.
The ICC can pursue nationals of non-member states for crimes committed on the soil of a member country or, as in the case of Ukraine, a non-member that recognizes its jurisdiction.
The UN Security Council can also call on the court to investigate potentially serious international crimes, as for instance in Libya and Sudan.
- Five convictions in two decades -
Between 2012 and 2021, the ICC successfully convicted five men of war crimes and crimes against humanity, all Africans.
Three of the five were former militia leaders from the war-torn Democratic Republic of Congo, with Bosco Ntaganda, a rebel leader nicknamed "Terminator" receiving the longest jail sentence the court has issued of 30 years for mass murder, rape and abduction.
The court also sent Dominic Ongwen, a commander of Uganda's notorious Lord's Resistance Army militia to jail as well as Malian extremist Ahmad al Faqi al Mahdi, who was convicted of destroying a mosque and mausoleums in the ancient Malian city of Timbuktu.
Former Ivory Coast president Laurent Gbagbo was the first former head of state to be tried by the ICC in 2016 but he was acquitted of crimes against humanity.
Some convictions were overturned on appeal, notably that of former Congolese vice-president Jean-Pierre Bemba, who was convicted of crimes committed by rebels under his command in Central African Republic but later cleared of responsibility.
- Failures and fugitives -
The court suffered a major setback in 2014 when its highest profile case -- over Kenyan President Uhuru Kenyatta's involvement in the inter-ethnic violence that broke out after disputed 2007 elections -- collapsed.
Kenyatta reluctantly appeared before the court, the first sitting head of state to do so, but the prosecutor was forced to drop the case amid allegations of witness intimidation and bribery.
Former Sudanese president Omar al-Bashir is also still being wanted by the ICC for genocide, crimes against humanity and war crimes in the western Sudanese province of Darfur. But three years after he was deposed Sudan has yet to hand him over.
The son of former Libyan leader Moamer Kadhafi, Seif al-Islam Kadhafi, has been wanted by the court on war crimes charges for over a decade.
- Dispute with Trump -
The ICC infuriated US president Donald Trump's administration in March 2020 by authorizing an investigation into alleged war crimes by US forces serving in Afghanistan.
Washington imposed sanctions on the ICC's prosecutor in protest but his successor Joe Biden later lifted them.
The investigation, which also included violence by the Taliban and ISIS group, was later suspended at the Afghan government's request but relaunched after the Taliban takeover.
Since it resumed however, it has focused on violence by the Taliban and IS to the exclusion of alleged US atrocities.
- Pivot to Ukraine -
Russia's invasion of Ukraine has vaulted the former Soviet state to the top of the agenda of a court often accused of unfairly focusing on Africa. Four days after the war started ICC prosecutor Karim Khan announced an investigation into possible war crimes.
Ukraine is not an ICC member either but it has accepted the court's jurisdiction.
A 42-strong team of ICC investigators visited Ukraine in May to gather evidence and Khan visited the Kyiv suburb of Bucha, where dozens of civilians were found murdered after the withdrawal of Russian troops.
Jamal Mustafa Recalls to Asharq Al-Awsat Years with Saddam, his Imprisonment and Executionhttps://english.aawsat.com/features/5084825-jamal-mustafa-recalls-asharq-al-awsat-years-saddam-his-imprisonment-and-execution
Jamal Mustafa Recalls to Asharq Al-Awsat Years with Saddam, his Imprisonment and Execution
Dr. Jamal Mustafa al-Sultan speaks to Asharq Al-Awsat Editor-in-Chief Ghassan Charbel during the interview.
Dr. Jamal Mustafa al-Sultan, late Iraqi President Saddam Hussein’s son-in-law and second secretary, broke his silence and sat down with Asharq Al-Awsat to recall his time in prison and his years with the late president.
It’s not easy being Saddam’s son-in-law, son of his tribe and to rally the tribes to defend Baghdad only to discover that it has been occupied by the Americans, who have printed your image on playing cards and named you Iraq’s ninth most-wanted man. It’s not easy to seek safety in Syria, only to be turned away and then find yourself in prison.
It’s not easy to live in solitary confinement, and to be accused, while in prison, of leading a resistance and of sending booby-trapped cars. It’s not easy to learn while in prison that Saddam was detained by the American forces. It’s not easy to be summoned to trial in the Dujail case only to come face-to-face with Saddam himself.
It’s not easy to learn that “Mr. President” was executed at dawn on Eid al-Adha and that his corpse was strewn in front of then Prime Minister Nouri al-Maliki's house as he was celebrating his daughter’s wedding.
It’s not easy to learn from a judge in 2011 that there was no reason for you to remain on trial and that he was capable of releasing you in exchange for a hefty sum of dollars. Mustafa did not have that sort of money, so he was forced to remain in prison for nearly a decade before being released in 2021 due to a lack of evidence.
Weeks ago, I came across an old photo of Saddam with his whole family. Pictured were Saddam, his wife Sajidah, and his sons Uday and Qusay, daughter Raghad and her husband Hussein Kamel al-Majid, daughter Rana and her husband Saddam Kamel al-Majid, and daughter Hala and husband Mustafa. Five of the six men in the photo have been killed and only Mustafa remains.
Saddam Hussein surrounded by his family. (AFP)
He was born in Tikrit on October 1, 1964. He joined the president’s guard and was encouraged to continue his studies, earning a degree in political science. He played a major role in promoting sports and enjoyed strong ties with athletes. He was tasked with the tribe file and consequently forged extensive tis with them. He was trusted by Saddam and joined government meetings.
Mustafa was arrested on April 21, 2003, and released from al-Kadhimiya prison on June 17, 2021. He headed to Baghdad and later Erbil where he met with Kurdish leader Masoud Barzani. He then left Iraq for the Qatari capital Doha where he resides with Saddam’s widow Sajidah.
I approached Mustafa for an interview after he had shied away from the media, and he agreed to break his silence. As is tradition with tribes, he refused that I leave without a late lunch. The main meal was Habeet, the traditional Iraqi dish and Saddam’s favorite.
After leaving our meeting, I recalled what Abdul Raouf Rashid, the judge who issued the death sentence against Saddam in the Dujail case. He told me: “We acted according to the law and justice. Unfortunately, some officials turned the case into one of vengeance and gloating when they chose to execute him on Eid al-Adha. They desecrated Saddam’s corpse. Their actions are practically a gift to Saddam’s supporters who will keep his memory alive for a long time.”
I asked Mustafa about his time behind bars. He told Asharq Al-Awsat that he was on good terms with head of the Revolutionary Court Awad al-Bandar, who issued the death sentence. “He used to relay some of Saddam’s messages to me. (...) He was a good and brave man,” he said.
He recalled how he would receive cigars from Saddam that had his signature, a signal that he had received his messages. “I still have some of those cigars,” added Mustafa.
Saddam Hussein and Dr. Jamal Mustafa al-Sultan.
On Saddam’s morale during his time prison, Mustafa recalled: “The Iraqis, Arabs and Muslims know him well. They know that he was a brave and unyielding man. (...) It is no secret that he was aware that he was going to be executed. Everyone in jail was aware of this and we could not shake off the thought.”
Mustafa accused the trial of being corrupt and that any conviction could be made against Saddam to justify laying down the death penalty against him. “The trial was a farce. It was held by the Americans at Iranian orders and carried out by Iraqi agents to appease their Iranian and American masters. It was a tool to take revenge against the former regime,” stressed Mustafa.
Mustafa was with Saddam when he came under a failed assassination attempt in Dujail. “He was visiting Dujail just like any other city or village in Iraq. He met with citizens there who welcomed and celebrated his visit. He spoke to citizens and among them a woman. A sheep was slaughtered in his honor, and when we were about to get into our car, the woman splattered blood on the vehicle. We read this as a bad sign. So, we changed cars.”
“Soon after the convoy came under gunfire from gunmen hiding in nearby orchards. The president left his vehicles and several cars were damaged and people were injured. The president walked among the people to reassure them. After speaking to them, he returned to the car and headed back to the location where he had earlier delivered a speech. He delivered another speech before departing and we returned to Baghdad,” recalled Mustafa.
Saddam ordered the arrest of the suspects in the assassination attempt. “An hour after the attack Iranian President Hashemi Rafsanjani implied during a visit to Syria that they were behind the assassination. He said so from Damascus. This is damning evidence that Iran was behind the attack. They wanted to assassinate him. They knew that if they killed Mr. President that Iraq would fall in their hands,” he added. The suspects were eventually tried and executed.
Mustafa recalled the first day he was summoned to trial in the case. He entered the courtroom and saw Saddam there. “I remember exactly what I told him: ‘Peace be upon you, my father, father-in-law and dear leader,’” he revealed.
At the trial, Mustafa accused Iran of orchestrating several attacks in Baghdad, but the judge dismissed them, saying he was summoned to defend Saddam. Mustafa told the judge: “Mr. President is seen as a criminal by several of Iraq and the Ummah’s enemies, but he is a leader and brave son of Iraq and the Ummah.”
“You ask if I was punished for being Saddam’s son-in-law. The answer is yes. I remained in prison for 18 and a half years. Driven by spite, they only sought revenge. I paid a price and they tried to take revenge against me by keeping me in jail for so long. They came up with all sorts of charges against me, such as leading a resistance from behind bars,” continued Mustafa.
“They believed that I could have used my extensive ties to stage a coup once I was released from prison. So, they believed it was best that I remained and died there.” Mustafa was kept in solitary confinement for years. He recalled some sympathetic guards who treated him with respect because they were aware of his work in the sports sector and his vast network of relations.
Returning to Saddam, Mustafa said he met him twice while they were in prison. He recalled how painful it was to see him as he was his idol and he was surrounded by enemies on all sides. “He was a lion among them. He was firm in his principles and strove and sacrificed to uphold them.”
Dr. Jamal Mustafa al-Sultan's image on the playing cards of most-wanted Iraqis regime figures released by the US military.
Their first meeting took place in the jail and Mustafa said Saddam was in high spirits. They met the second time at court when Saddam declared that he had been tortured along with other detained leaders.
Mustafa learned of Saddam’s death when he noticed that the guards had taken away the radio the Americans had allowed them to keep so they could listen to the news. “We woke up one morning and it was gone. I also noticed a translator among our usual guard. This is a sign that something had happened,” he explained.
“Eventually we learned that Saddam was executed and martyred,” said Mustafa. “I said the following: ‘from now on Saddam will be a symbol of courage, heroism and sacrifice for all Iraqis, Arabs and Muslims. He will remain an eternal Arab leader.’ The translator translated my words to the guards, who remained silent. We then performed the prayer for the dead. Among us was Tariq Aziz, a Christian, but he also performed the prayer.”
“We were all in shock. His martyrdom was a shock to all honorable patriotic Iraqis, as well as Arabs and Muslims. He was also a great loss because he stood against the enemies. Everyone sensed his loss,” Mustafa added.
Saddam was executed on Eid al-Adha, which Mustafa said was deliberate to insult and humiliate the Arabs and Muslims.
“At the time, we heard claims that his corpse was strewn in front of Nouri al-Maliki's house. Maliki is allied to Iran. He was celebrating his daughter's wedding. The body was taken there to seal the revenge. They have never served or offered Iraq anything but revenge and destruction.”
The body was taken to Tikrit and later Al-Awja, Saddam’s birthplace, in the Salahuddin province. He was buried there and mourners from all over the world came to pay their respects. The grave remains a secret to only the most trusted people.
