More Global Judicial Activism, As Hague Court Awaits Kenya Killers
By Staff News & Analysis - April 07, 2011

Rude shock lying in wait at Hague . . . Kenya's first batch of mass killings suspects come face to face with an International Criminal Court judge, opening another sad chapter for the country in 48 years of self-rule. But even as Kenya's citizens take their place in a courtroom that has starred infamous genocide suspects such as the late Slobodan Milosevic of Serbia-Yugoslavia, Chief Prosecutor Luis Moreno-Ocampo will be seeking more stringent conditions against the Kenyan suspects. Morneo-Ocampo's rude shock for the six include orders they provide, under oath, their financial statements, production of bond of personal security to ensure appearance when required, provision of all forms of contacts, including telephone and e-mail addresses, as well as commitment to appear at The Hague at least once every six months. – Kenyan Standard

Dominant Social Theme: Finally, a way to bring international killers to justice.

Free-Market Analysis: Even as the violence afflicting the Ivory Coast gradually wends its way to the inevitable ouster of former president Laurent Gbagbo, there is yet another international drama being played out in Africa, where Kenya's has just sent mass killing suspects to the Hague's International Criminal Court. Kenya suffered from inter-tribal electoral violence in the past election and now those who run the Hague Courts (a fairly new phenomenon) want to put at least six suspects on trial for the killings.

As in the Ivory Coast, and Libya too, the new international activism aimed at bringing individuals to justice that are accused of crimes against humanity may be seen as unprecedented. While articles have begun to appear in the mainstream press questioning the rise in muscular UN (and French) interventions in various countries the world over, we've already pointed out that the current actions have to do with the UN overthrow of the so-called Peace of Westphalia negotiated way back in the 1600s.

The Peace of Westphalia apparently came to an end in 2005 when the UN approved R2P, the "Responsibility to Protect" doctrine. This mandate is based on the idea that states have a primary role to play in shielding their populations from genocide. If the state abdicates this role, the "international community" should provide additional resources from mediation to political structures – and in the case of Kenya, the Hague Court has acted because, in the eyes of those who run the Court and others in the international community, Kenya has not.

Such precedents are rather vague at the moment because the global infrastructure of justice is just being worked out. But there seems no doubt that a new judicial is being formed that will replace the ad hoc one that has characterized global judicial activism in the past. From our point of view this is a necessary and predictable part of what Anglo-American elites are now putting into place – a fully operational world government that includes a legislator (the UN), a military (NATO and the UN together) and now an international, functioning judiciary.

While the past century of Western journalism and scholarly debate is littered with literally millions of books and articles denouncing conspiracy theories about the rise of a New World Order, it seems fairly indisputable that one is being erected now. The impossibly wealthy banking families of Anglo-American axis and their corporate, military and spiritual enablers are moving ahead aggressively on all fronts to try to cement global governance early in the 21st century.

Kenya is bearing the brunt of the evolving precedents when it comes to global judicial activism. While there is no doubt that the Kenyan electoral violence was a great tragedy for the country's larger electoral process and certainly to the victims and the families involved, African communities are subject to violence and even genocide are a fairly regular basis. The ICC hearings are anomalous in that they have focused on one incident in Kenya rather than the fairly regular abuses that take place throughout this great, bleeding country on a regular basis.

In truth, Africa is generally dysfunctional, moreso than say Asia or Europe because of a variety of mostly cultural and traditional factors. The West has tried to graft a system of regulatory democracy onto a continent that has utilized tribal governance for 50,000 years. The result is serial dysfunction where tribes tend to treat government as part of the spoils of war rather than as a negotiating platform. In Kenya alone something like 30-50 percent of the population lives on a dollar-a-day, and this state of affairs can be said to extend to much of the rest of Africa as well – the African Congo, Niger, Zimbabwe, etc.

The poverty is endemic and profound. The countries that the West has grafted onto Africa may only exacerbate the profound problems that are already present. The West's solution has been of late to insist, via the UN and other global bodies, on further formalization of Western sociopolitical traditions and practices. What has not worked elsewhere (especially in the West) is being implemented in Africa, where fragmented and injured cultures cannot provide so much resistance. Global governance, from which the US for instance has exempted itself, is being applied aggressively in Africa to establish precedents that can then be rolled out across the world. In Kenya, as might be expected, the Hague process has caused a considerable furor.

Kofi Annan has stepped in on several occasions to urge calm and to argue that that Kenyans have nothing to fear. Annan is a kind of Western "heavy artillery" for a New World Order. He is Chairman of the African Union Panel of Eminent African Personalities. This group, which includes Jimmy Carter and other eminences, is supposed to be modeled on tribal elders. Only instead of counseling to 60 or 600 tribal individuals, the Eminent African Personalities are supposed to minister (impossibly in our humble estimation) to the world's six or seven billion.

Annan has taken an active role as "Chief Mediator" to the Kenyan crisis. He's urged Kenyan leaders to stop using hate language and ethnic incitement and allow the ICC process to take its course. The Kenyan Broadcasting Company's KBC News outlet recently posted an article on Annan's involvement called "ICC: Annan urges calm in Kenya."

In a statement Annan sought to defuse "rising tensions" over the upcoming ICC trials. "On the eve of the departure of the individuals summoned by the ICC to The Hague, there is palpable tension in the air in Kenya, with the flames of hate language and ethnic incitement being fanned from various quarters. "Words can soothe, as well as inflame. I urge all Kenyans, particularly leaders, to be wise in their use of language at this critical moment" reads part of the statement.

Annan pointed out, according to the article that no single community or group is being targeted in the ICC trials stating that neither Africa, nor Kenya, nor any ethnic group is on trial at the ICC. "As in any contentious judicial proceeding, tense moments will arise, which will test the patience of the parties. We must understand It is about bringing individuals to account for crimes they may have committed and ensuring that the victims receive justice. Justice, he added, is an essential component of the process of healing."

The "ICC Six" as they are known (for the International Criminal Court) include Deputy Prime Minister, Uhuru Kenyatta, Head of Civil Service, Francis Muthaura, and Postmaster General, Hussein Ali, along with three other who are accused of fomenting the violence that left at least 1,500 dead and thousands more wounded. The ICC process (a subset of various UN charters) has been grinding its way along for months and surviving various Kenyan challenges by those within Kenya that are very uncomfortable with the internationalization of what is seen as mostly Kenyan problem.

The Hague has other views. According to reports in the Standard and elsewhere, Chief Prosecutor Luis Moreno-Ocampo wants the ICC judges to issue warrants of arrests against the suspects to ensure they comply with the Court. The first three suspects are being "processed" at the Hague and another three shall be processed tomorrow. The Court has gone to work not only because of the gravity of the crimes, but because Kenya's own judicial system "failed the test of the international community" by not holding its own judicial process to punish the perpetrators.

The Hague process is causing considerable anger in Kenya, though almost every day, apparently, articles are written claiming that up to 60 percent or more of all Kenyans want the ICC process to continue and the perpetrators of violence brought to justice. Prime Minister Raila Odinga recently went on live television to urge that Kenyans confront the truth, which would "set her free."

After Thoughts

It is not very likely that the Hague process will set anyone free in our estimation but is actually intended to place yet another judicial overlay on the world's population and nation states. As we pointed out yesterday, the paraphernalia of world governance is being aggressively implemented, including potentially a world currency backed by the IMF and global enforcement of Western forms of governance on the Middle East and Africa. The current Hague process, little noted in the West, is just one more example of the extraordinary convulsion affecting the world's nascent global governmental architecture. Those who watch with open eyes can see it.

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