Godfred Yeboah Dame addressing the gathering
The Attorney General and Minister for Justice, Godfred Yeboah Dame, has advocated for the establishment of robust legal systems in African countries as a mark of their sovereignty, to prevent intervention of International Criminal Court (ICC).
According to him, all states must have strong and effective legal and judicial systems for investigating and prosecuting international crimes as the ICC by itself, lacks the capacity to investigate and prosecute all international crimes committed in the territories of states.
He was speaking at the opening of the Annual Conference of States Parties to the International Criminal Court held in The Hague, Netherlands on Monday, December 2, 2024.
Ghana’s delegation to the event, which was led by Mr. Dame, included the Ambassador to Netherlands, Francis Danti Kotia, and Deputy Head of Mission, Yaowi Senalor.
Mr. Dame commended the Court and States Parties for their collaborative efforts at deepening cooperation and complementarity in favour of justice for the victims of atrocities.
He stated that since inception, the ICC has helped to deliver justice to some victims around the world, to deter the most reprehensible atrocities and promote the norms of international criminal justice.
“Nonetheless, the Court is still faced with challenges. Armed conflicts around the world present a real danger to the maintenance of international peace and security,” he pointed out.
He, however, emphasised the primacy of national jurisdiction over the prosecution of crimes that are prosecuted by the ICC.
He suggested that domestic legislations of African countries must recognise war crimes, crimes against humanity and genocide as specific offences.
“This may be achieved either through the domestication of the Rome Statute into our laws, so that national courts assume jurisdiction over offences created by the Rome Statute, or the passage of a specific legislation affirming the creation of such offences, with punishment duly prescribed according to international standards and a forum for punishment of same within our respective domestic legal jurisdictions duly stipulated,” he said.
Mr. Dame also indicated that Ghana holds the view that the best form of support for the ICC is by African nations consolidating democracy in their jurisdictions and avoiding conditions suggestive of impunity, calling for the intervention of the ICC.
Mr. Dame further stated that Ghana welcomes the opening of preliminary investigations into several situations outside the African continent by the Court, and the establishment of Office of the Prosecutor abroad.
He said this development and its visible outcomes could help dispel the perception that the Court unduly concentrates on Africa, especially as international crimes under the statute know no geographical boundaries.
“The Court must be seen to have its searchlight everywhere and to be responsive to war crimes, genocide, crimes against humanity and the crimes of aggression committed anywhere without equivocation,” Mr. Dame further suggested.
The Attorney General also called on all States Parties to the Rome Statute to stand together in unity and with one voice, in defence of the Court and its officials at all levels.
He also stressed the importance of ensuring fairness and equity in the recruitment of staff of the Court in as wide geographical and gender balance basis as possible, based on the highest standards of efficiency, competence and integrity.
“This will no doubt give equal opportunity to competent nationals of all States Parties to bring their varied experiences and perspectives to bear at the Court, to enhance institutional efficiency while ensuring impartiality in the workings of the Court.”
BY Gibril Abdul Razak
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