No Basis In Law?

THE attempt by the National Society for Human Rights (NSHR) and Mr Phil Ya Nangoloh to get Dr Sam Nujoma and others to be investigated by the International Criminal Court (ICC) is absurd and has no specific basis in law.

The reasons for such a submission are outlined hereinafter. The ICC came into being on 1 July 2002 and the court is responsible for trying genocide, crimes against humanity and war crimes committed after July 2002 on the territory of a state party or by a citizen of a state party.This is however applicable to all states that acceded to the ICC/Rome Statute after it entered into force.Namibia ratified the Rome Statute in 2002 and thus is it binding on the Republic of Namibia to date.However, one of ways in which a trial before the court can begin is that any state party can refer a situation to the prosecutor in which it “appears” that a crime falling within its jurisdiction has been committed.And currently the ICC would not have the necessary jurisdiction to entertain the Ya Nangoloh-Nujoma issue.This is simply because the “alleged human rights violations” occurred way before July 2002 and the Rome statute does have retrospective effect in its application.Secondly, it is a mere personal issue or battle between Ya Nangoloh and Dr Nujoma.Furthermore, Ya Nangoloh used the wrong platform to win the race or battle against Dr Nujoma.Such a platform being the name and the resources of the NSHR.Thirdly, the “doctrine of continuous violation” as it forms part of the submissions by Ya Nangoloh and the NSHR to the ICC does not appear anywhere in the Rome Statute.It was only being considered at the Rome conference for inclusion in the Rome Statute but it was never included in the said statute as such.So, it is clear that not even this submission has a basis in law.Lastly, I am neither a politician nor a journalist but a mere law student who believes that the law should not be used in order to create misunderstandings, public dialogues and debates in a society.But that it should be applied to create clarity and serve justice in any society.Jaco Kennedy UNAMThe ICC came into being on 1 July 2002 and the court is responsible for trying genocide, crimes against humanity and war crimes committed after July 2002 on the territory of a state party or by a citizen of a state party.This is however applicable to all states that acceded to the ICC/Rome Statute after it entered into force.Namibia ratified the Rome Statute in 2002 and thus is it binding on the Republic of Namibia to date.However, one of ways in which a trial before the court can begin is that any state party can refer a situation to the prosecutor in which it “appears” that a crime falling within its jurisdiction has been committed.And currently the ICC would not have the necessary jurisdiction to entertain the Ya Nangoloh-Nujoma issue.This is simply because the “alleged human rights violations” occurred way before July 2002 and the Rome statute does have retrospective effect in its application.Secondly, it is a mere personal issue or battle between Ya Nangoloh and Dr Nujoma.Furthermore, Ya Nangoloh used the wrong platform to win the race or battle against Dr Nujoma.Such a platform being the name and the resources of the NSHR.Thirdly, the “doctrine of continuous violation” as it forms part of the submissions by Ya Nangoloh and the NSHR to the ICC does not appear anywhere in the Rome Statute.It was only being considered at the Rome conference for inclusion in the Rome Statute but it was never included in the said statute as such.So, it is clear that not even this submission has a basis in law.Lastly, I am neither a politician nor a journalist but a mere law student who believes that the law should not be used in order to create misunderstandings, public dialogues and debates in a society.But that it should be applied to create clarity and serve justice in any society.Jaco Kennedy UNAM