Xenophobia: International Criminal Court To Probe Zuma, Zulu King

Following a petition from the Socio-Economic Rights and Accountability Project (SERAP) the Office of the Prosecutor of the International Criminal Court has decided to probe the xenophobic attacks against Nigerians and other African citizens in South Africa.
SERAP had in a petition dated 23 April 2015 and sent to the Court requested the Prosecutor Mrs. Fatou Bensouda to use her “good offices and position to investigate allegations of hate speech by the Zulu King Goodwill Zwelithini, which has resulted in killing, violence and discrimination against Nigerians and other African citizens living in South Africa, as well as the
complicity/negligence of the country’s law enforcement agencies to prevent these crimes against civilian population.”

In response, the ICC in a letter dated 28 April 2015, and signed by M.P. Dillon, Head of Information & Evidence Unit of the Office of the Prosecutor said, “The Office of the Prosecutor of the International Criminal Court acknowledges receipt of your documents. This communication has been duly entered in the Communications Register of the Office. We will give consideration to this communication, as appropriate, in accordance with the provisions of the Rome Statute of the International Criminal Court. As soon as a decision is reached, we will inform you, in writing, and provide you with reasons for this decision.”

SERAP in its petition had urged Mrs Bensouda to “bring to justice anyone who is responsible for these international crimes prohibited under the Rome Statute of the International Criminal Court.”

SERAP also said that it “considers the use of speech by the Zulu King to promote hatred and/or incite violence against non-nationals such as Nigerians, particularly in the media as a clear violation of the provisions of the Rome Statute of International Criminal Court.

“Grave statements by political leaders/prominent people that express discrimination and cause violence against non-nationals cannot be justified under any law. This hate speech generated fear and hatred that created the conditions for violence and discrimination against Nigerians and other African citizens. SERAP believes that this has given rise to individual criminal responsibility under the Rome Statute of the International Criminal Court,” the organisation said.

The organisation argued that, “the statement by the Zulu King amounts to a harmful form of expression which incites or otherwise promotes hatred, discrimination, violence and intolerance. We are seriously concerned that crimes against humanity are often accompanied or preceded by the kind of statement made by the Zulu King.”

“Once the climate of violence has been created, direct and public incitement to crimes builds on it, exacerbating the situation by further heating up passions and directing South Africans’ hatred towards non-nationals such as Nigerians. Hate speech by King Zulu is legally tied to contemporaneous, large-scale violence and inhumane and discriminatory treatment of Nigerians and other African citizens,” the organisation also argued.

The organisation also said that, “The statement by the Zulu King has contributed to a climate of fear, demonization and dehumanization of Nigerians and other African citizens, thus violating their human dignity through humiliation and expulsion from the human community. SERAP is seriously concerned that hate speech by the Zulu King amounts to crime against humanity of persecution and has directly contributed to an infringement of the right to life, equality and non-discrimination of Nigerians and other African citizens.”

“SERAP considers the statement by the Zulu King and the apparent complicity/negligence by the country’s law enforcement agencies to prevent the violence and discrimination as amounting to active encouragement of South African citizens to develop feelings of contempt for Nigerians and other African citizens; as amounting to incitement to violence and discrimination against Nigerians and other African citizens, and to mistreat them; and as amounting to an appeal for South African citizens to separate themselves from Nigerians and other African citizens,” the organisation further stressed.

“The statement by the Zulu King and the apparent complicity/negligence by the country’s law enforcement agencies to prevent the violence and discrimination has contributed to the level of persecution against Nigerians and other African citizens. According to Professor Bassiouni, persecution in this instance is “a state action leading to the infliction upon an individual of harassment, torment, oppression, or discriminatory measures, designed to or likely to produce physical or mental suffering or economic harm, because of the victims’ beliefs, views, or membership in a given identifiable group (such as non-nationals),” the organisation also said.

The petition further reads:

“In the Mugesera case, the Canadian Supreme Court held that hate speech may constitute persecution, even if it does not result in the commission of acts of violence. In arriving at this conclusion, the court considered that a link was demonstrated between the speech at issue and the widespread or systematic attack against the civilian population. Thus, the post-World War II jurisprudence generally establishes that hate speech not urging an audience to commit imminent violence can constitute persecution.”

“The government does not have the political will to bring those suspected to be responsible for crimes under international law to justice. Given the complicity/negligence by the country’s law enforcement agencies to prevent the violence, killing and discrimination, it is unlikely that the government will take any serious action to bring perpetrators to justice.”

“Without accountability for these serious human rights crimes, the victims will continue to be denied access to justice, and impunity of perpetrators will remain widespread and the result will continue to be a vicious cycle of violence and discrimination against Nigerians and other African citizens living in South Africa.”

“SERAP believes that substantial grounds exist to warrant the intervention of the Prosecutor in this case. Under Article 17 of the Rome Statute, the Court is a court of last resort, expected to exercise its jurisdiction only if states themselves are unwilling or unable genuinely to investigate and prosecute international crimes. Also, pursuant to the Rome Statute, the Prosecutor has power to intervene in a situation under the jurisdiction of the Court if the Security Council or states parties refer a situation or if information is provided

Nigerian Senate Wants South Africa’s Zulu King Sued At ICC

The Nigerian Senate on Wednesday urged the federal government to immediately recall its ambassador from South Africa, and sue the country’s Zulu King at the International Criminal Court, over ongoing xenophobic attacks.

Violence has continued in South Africa as locals target foreigners, with at least seven migrants killed. After three weeks of unrest, the South African government deployed troops to the streets Tuesday. The government said 300 people have been arrested. The motion to recall the Nigerian diplomat was moved by Senate Leader, Victor Ndoma-Egba. The Senate, subsequently, considered five prayers for the motion.

Apart from calling for immediate recall of the Nigerian ambassador to South Africa, the legislators said the federal government should sue the Zulu king, Goodwill Zwelithini, who incited the attacks, at the International Criminal Court.

While deliberating on the xenophobic attacks going on in South Africa, the legislators invited the Minister of Foreign Affairs, Aminu Wali, to brief the committee on foreign affairs on the situation and the measures taken to safeguard the lives and property of the Nigerians in South Africa.

The Senate also urged the federal government to pressurize the South African government to call the perpetrators of the evil act to justice and ensure adequate compensation of the affected families.

In addition, the legislators commended Nigerians for their restraint in the face of the attacks.

Nkechi Nwogu representing Abia South senatorial district thanked the Senate leader for bringing the motion to the senate. “This is not the first time that South Africa and their youth have gone after international communities.

“The same thing happened in 2008 and what happened to the perpetrators when it happened.

“We must ensure that we get to the bottom of things and should make sure that the South African government pays dearly for it.

Abdul Ningi, representing Bauchi central, said the South African government should be suspended from the African Union.

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African People’s Union Declares Citizen Economic Sanctions Against South Africa

The Position of the African People’s Union on the decades-long and ongoing xenophobia in South Africa:

Whereas it has come to the notice of the people of Africa that blacks in South Africa still live in apartheid-like conditions, in ghettos called ‘townships.’

Whereas it is realized that in spite of South Africa’s booming economy there are limited opportunities for blacks, leading to animalistic competition.

Whereas it is understood that the ‘townships’ ghettos for blacks lacks reasonable security for life and property. Whereas we do realize that xenophobia in South Africa was initiated as government policy of the ANC since 2002.

Whereas we do recognize that the subhuman style of mass deportations of migrant foreign workers since 1994 bearing all brutality and insolence of colonial operations deployed against blacks during apartheid, directly contributed to the development of systemic xenophobia in nation. *Lindela.

Whereas we do recognize that the “community policing” and spying provision in the 2002 Immigration act adopted by the ANC in 2005 directly promotes and endorses xenophobia.

To This Effect:
The African people’s Union expects the South African government to review its Immigration laws towards protecting and not persecuting foreigners.

We expect the South African government to act to protect foreign nationals in the state.

We expect the South African government to act to protect South African blacks in the townships.

We expect the South African government to provide real opportunities for African blacks in the townships.

The African People’s Union Resolves:
To embark on widespread citizen economic sanctions against the South African government and corporate business interests via citizen boycotts.

To continue to promote citizen sanctions against the Pretoria government and South African big Corp. until there is actual policy change and real effort to improve the living conditions in the townships and the security of lives and property of citizens and foreigners is treated as high priority.

To this effect, all Africans and friends of Africa are encouraged to boycott South African big Corp. products and South African government operations:

Boycott their MTN phone networks

Boycott South African Airlines

Boycott South Africa’s DSTV

Boycott ShopRite stores