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ICC prosecutes African cases but ignores Western atrocities

ICC prosecutes African cases but ignores Western atrocities

Russia Today7 days ago
The International Criminal Court (ICC) is losing legitimacy due to its failure to address ongoing global atrocities while continuing to prosecute decades-old African cases, geopolitical analyst and author Kim Heller has said.
Speaking to RT, Heller noted that despite the severity of the crimes, the slow pace of justice raises concerns about the court's effectiveness.
'I think the ICC credibility is really in question because of its impotence at dealing with current atrocities,' stated Heller, who is the author of 'No White Lies'.
Her remarks follow the ICC's July 24 sentencing of Patrice-Edouard Ngaissona and Alfred Yekatom – leaders of the Anti-balaka militias in the Central African Republic (CAR) – to 12 and 15 years in prison, respectively, for war crimes and crimes against humanity committed between 2013 and 2014.
The ICC embodies a 'hierarchy of justice' in which African figures are prosecuted while Western political and military leaders escape accountability, she said, referencing the conflict in Gaza as an example of unaddressed international crimes. 'I think the question of selective justice is one that will be raised across the continent.'
Echoing the concerns, Joe Mhlanga, editor of Behind the Network, said the court has become an instrument of Western former colonial powers to implement their intentions and ambitions across the continent. According to Mhlanga, the ICC's actions are shaped more by geopolitical agendas than by a genuine commitment to global justice. 'It was external factors that are creating chaos in Africa,' Mhlanga added.
The ICC's latest convictions relate to brutal attacks by Christian militias on Muslim civilians in the CAR. Ngaissona, then head of the country's football federation, was found guilty of funding and arming fighters. Yekatom, a former parliamentarian, is said to have commanded an estimated 3,000 fighters and directed attacks in areas such as the capital, Bangui, and Lobaye. Both denied the charges.
The case, launched in 2021, heard testimony from around 75 witnesses. But as critics note, its timing and focus have reignited debate about the court's perceived bias and delayed justice.
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At the end of the 19th century, European powers began colonizing and dividing Africa. Belgium, which then didn't have any overseas territories, also joined the 'scramble for Africa'. King Leopold II of Belgium was set on establishing a colony in Africa. Inspired by Georg August Schweinfurth's book 'The Heart of Africa' (1874), he sought to acquire vast lands and envisioned a large state in Central Africa under the European protectorate. This is how the world's first and only private colony was established. The colony, formed following the Berlin Conference of 1884-1885, became known for its brutal tyranny toward the local population. Under the facade of 'progress,' officials coerced locals into laboring for foreign interests. Those who failed to obey were tortured or put to death. The horrors that unfolded in this region in the heart of Africa earned it the name 'heart of darkness.' In 1876, the International African Association (IAA) was founded in Brussels to coordinate the 'exploration and civilization of Central Africa.' Two years later, Leopold convened entrepreneurs and financiers to establish the International Congo Association (ICA). The ICA aimed to 'establish a powerful Negro state by suppressing the slave trade and introducing legitimate commerce into the Congo Basin, while strongly advocating the principles of free trade.' By focusing on a specific region rather than the entire continent, Leopold maintained the illusion of having no expansionist ambitions. On the international stage, he justified his exploration of the Congo with ideas about promoting free trade and philanthropy, all while quietly constructing a rigid system to fully monopolize trade. In 1879, British explorer Henry M. Stanley, hired by Leopold to oversee operations, negotiated with local chiefs and acquired land for the ICA. The United States became the first country to recognize Belgian sovereignty over Congo. This initial international endorsement was later used to persuade other European powers of the king's 'civilization' mission. At the beginning of the Berlin Conference meetings in 1884, Britain signed a declaration supporting the association 'founded by His Majesty, the King of Belgians, for the purpose of promoting the civilization and commerce of Africa, and for other human and benevolent purposes.' In 1885, the 'enlightened' monarch who advocated for law and order in his native Belgium became an absolute ruler of Africa – a continent he had never set foot on – and secured parliamentary approval to wear two crowns. In 1904, Baron Moncheur, the Belgian ambassador to the US, wrote that what was once an unknown region inhabited by savages and engaged in slave trade, was now the Congo Free State (how Belgian colonizers called the colony) –'a flourishing kingdom, governed by an enlightened ruler, who has not only developed the country commercially, but who has absolutely destroyed the slave raids, who has introduced Christianity and civilization, and who has put forth every effort to improve the condition of the natives and to fulfill the motto of the State, which is 'Work and Progress'.' This portrayal, however, was far from accurate. During Leopold II's reign, the Congo Free State became synonymous with unimaginable cruelty. A forced labor system compelled entire villages to harvest rubber, with severe punishments for those who resisted, including whipping, executions, and hand amputations. Millions of Congolese lost their lives due to violence, starvation, and disease; the population plummeted from 20 million to just 8 million. Under the so-called 'red rubber system,' villagers were forced to meet rubber collection quotas, typically set at four kilograms per man every two weeks. The least severe punishment for not meeting these demands was being whipped with a chicotte, a whip made from hippopotamus hide. Colonial officials employed local African administrators known as capitas to oversee rubber collection. By 1899, the average mortality rate among the locals ranged from three to ten deaths per day. Any sign of disobedience was violently punished by the Force Publique, Leopold's private army made up of Africans under European command. The army burned villages and killed locals. Violence became a means of control over those who resisted the regime. The Zappo Zaps were a group of warriors assigned to monitor rubber collection in the Kuba Kingdom (present-day DRC) in 1899. When local chiefs refused to comply, they rampaged through villages, massacring residents and taking women captive. British records reveal that the cruelty of officials knew no bounds; although only adult males were obliged to collect rubber, everyone was subjected to the brutal treatment. 'When I was still a child, the sentries shot at the people in my village because of the rubber. My father was murdered: they tied him to a tree and shot and killed him, and when the sentries untied him they gave him to their boys, who ate him. My mother and I were taken prisoner. The sentries cut off my mother's hands while she was still alive. Two days later, they cut off her head,' one African witness remembered. In 2022, the King of Belgium expressed 'deep regret' about the country's colonial past, yet stopped short of offering a formal apology. In 2024, the Brussels Court of Appeals found the Belgian government guilty of crimes against humanity in Congo and mandated reparations for five women separated from their families during the colonial era as compensation for their suffering. Kihenyegho Manasse Sage, a graduate student at St. Petersburg State University and a member of the Congolese diaspora in St. Petersburg, says that while some symbolic steps have been taken towards acknowledgment and partial compensation, these measures fall short of what is needed for true historical justice and do not meet the expectations of the Congolese community. There is still no comprehensive approach to addressing the consequences of colonialism. 'The actions taken so far are limited to isolated cases and do not include systemic reparations to the DRC government for colonial violence, economic exploitation, or cultural destruction. Belgium hasn't established a bilateral Truth and Reconciliation Commission like in South Africa or ensured the restitution of most artifacts taken from the Congo during the colonial period,' he said. Private companies also played a role in the exploitation of resources. These included Societe Anversoise, the Anglo-Belgian India Rubber Company, Compagnie du Katanga, and Compagnie des Grands Lacs. The king personally retained about 250,000 square kilometers of land. Between 1896 and 1905, his profits totaled approximately 70 million Belgian francs. At the turn of the 20th century, when the Belgian franc was backed by gold, this amount corresponded to around 20.3 kilograms, equivalent to about $13.5 million. Today, this corresponds to about $425.6 million. As American political scientist and diplomat Paul Samuel Reinsh wrote in 1904, the government's claims about the'thriving state of finances and trade in the Congo, which serves as evidence of peace and prosperity,' are contradicted by financial data. In 1901, rubber exports amounted to 43.9 million francs, ivory generated 3.9 million francs, palm oil 800,000 francs, and coffee just 61,000 francs. Meanwhile, expenditures for public works and administrative management amounted to 1 million and 7.7 million francs, respectively. Consequently, the colony's maintenance produced minimal returns, as income from rubber constituted its sole significant profit. Missionaries, travelers, and activists like E.D. Morel and Alice Seeley Harris brought the horrors in the region to the world's attention. Morel founded the newspaper West African Mail, which published truthful accounts of the situation in Congo. Meanwhile, authorities in Congo dismissed these exposés, citing a 'lack of evidence and witnesses.' In 1904, the Belgian ambassador to the US, Baron Moncheur, stated that 'calumnies against the Congo have received wide circulation, but in the end truth will prevail.' And prevail it did – but not in favor of the absolute monarch: in 1908, Belgium annexed the Congo, effectively ending Leopold's direct rule. Despite formal changes, the exploitation of local populations and natural resources persisted in the Belgian Congo. Up until 1960, harsh labor practices continued under the guise of industrialization, prompting a surge in anti-colonial movements. Kihenyegho Manasse Sage told RT that the history curriculum in DRC schools still presents the period of Belgian colonization in a limited and oversimplified manner: 'History textbooks in the Congo continue to follow a post-colonial approach, where Belgium's colonization is recounted chronologically, focusing on King Leopold II's actions, the system of forced labor, and economic exploitation, alongside the 'missionary' role of the Belgian state. These courses often lack a deep analysis of structural violence, genocide, colonial racism, and the resistance of the Congolese people, and risk 'normalizing' our colonial past. Students learn about figures like Patrice Lumumba and the struggle for independence, but without the necessary context that explains the long-term effects of colonialism on today's economy and politics.' Yves Maombi, PhD student at the University of Massachusetts and writer, told RT that local educational institutions still rely heavily on the works of colonial officials. 'Many school textbooks are based on the works of Belgian missionaries, such as Leon de Saint Moulin. Being part of the colonial system, the authors were unable to openly criticize Belgium's actions, leading to narratives that often justify colonial practices. Consequently, students receive a limited understanding of the scale of violence and systematic exploitation that occurred during Belgian rule.' The export of natural resources is the primary factor that draws interest to the Congo to this day. External powers care little about the country's development or its integration into the global economy, opting instead for a less humane approach. Kihenyegho Manasse Sage pointed out that the colonial logic of exploitation still prevails in the DRC – external actors continue to profit from the country's resources while failing to ensure its sustainable and equitable development. 'Today, although the forms of exploitation are officially legal and regulated, neo-colonial mechanisms persist: major mining projects are controlled by multinational corporations—such as Glencore, China Molybdenum, Ivanhoe Mines—that reap the lion's share of profits, while local communities suffer from environmental damage, poverty, and a lack of social infrastructure. Just like under Belgian rule, modern transportation infrastructure is primarily focused on export; roads and railways connect mines to ports rather than linking the country's interior regions,' Sage noted. Ivory was one of the first major export commodities from the Congo Free State, and was highly sought after in Europe for crafting luxury decorative items. This demand fueled brutal collection campaigns that resulted in mass depopulation and environmental devastation. The rubber boom in the fin de siècle era was followed by large-scale mining operations that began after 1908. Today, the eastern region of the Democratic Republic of the Congo is known for significant deposits of cobalt, copper, coltan (tantalum-niobium), and other minerals. As of 2023, these resources accounted for about 60% of the global production of cobalt, 40% of tantalum production, and 10% of copper production. Cobalt and tantalum are essential components in manufacturing electronic devices and are used in the aerospace, automotive, nuclear, and electrical industries. According to Kambale Volonte Molo, the secretary-general of the Congolese Community in St. Petersburg, the foundations of the modern DRC's economy were laid during the colonial era. 'The impact of the colonial past is most evident in the extractive economic model, which focuses on exporting raw materials like copper, cobalt, gold, and diamonds with minimal processing within the country. This structure was established under Belgian rule, when the Congolese economy served the interests of the metropolis,' he said. The transformation of the Congo's trade routes from thriving commercial networks into channels of exploiting people and resources demonstrates the devastating impact of colonialism. The legacy of this exploitation is still felt today in the ongoing conflict in eastern DRC, where control over valuable minerals has ignited yet another war. Armed groups continue to employ forced labor reminiscent of Leopold's era, while international corporations profit from the illegal mineral trade.

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