The West, the ICC, and ‘mtu wetu’ in Israel

The apprehension warrants for Israel’s Prime Minister Benjamin Netanyahu and erstwhile Defence Minister Yoav Gallant, issued by nan International Criminal Court (ICC), person brought backmost not-so-fond memories to galore Kenyans. More than a decade ago, past Kenyan President Uhuru Kenyatta and his lawman – existent President William Ruto – became nan first incumbent heads of authorities aliases authorities to really look an ICC trial, having been indicted earlier they sewage into office.

However, while some Kenyatta and Ruto chose to cooperate pinch nan tribunal – astatine slightest connected nan look of it – and attended their trials, frankincense obviating nan request for an apprehension warrant, it is improbable that Netanyahu and Gallant will beryllium taking a travel to The Hague immoderate clip soon.

Kenyatta and Ruto were accused of being responsible for nan unit that followed nan country’s disputed 2007 election, successful which much than 1,300 group mislaid their lives. The 2 had been connected opposing sides of nan conflict and were alleged to person organised and funded “tribal” militia to transportation retired killings.

To date, only a fistful of group person ever been prosecuted for nan murders, rapes and mutilation that led to nan forcible displacement of 660,000 people, and it was only aft nan Kenyan authorities proved unwilling to enactment that nan ICC stepped in.

Similarly, erstwhile he applied for warrants for nan Israeli leaders successful May, ICC Prosecutor Karim Khan – who coincidentally headed Ruto’s defence squad – besides indicated he would beryllium happy to defer prosecution if Israel’s justness strategy shows immoderate willingness to return action against Netanyahu and Gallant and “engage successful independent and impartial judicial processes that do not shield suspects and are not a sham”.

The ICC judges person now agreed that location are reasonable grounds to judge nan 2 carnivore criminal work for nan galore crimes committed by Israel against nan Palestinians during its ongoing genocidal battle connected Gaza. With an charismatic decease toll of much than 44,000, Gaza has witnessed murders, rapes and displacement connected a immense scale, arsenic good arsenic wide starvation, and nan deliberate targeting of schools, hospitals and places of worship.

Many person complained astir nan seven-month-long hold successful nan ICC judges issuing nan apprehension warrants, but Kenyans had to hold for 2 years to person nan ICC charismatic nonstop a petition for an investigation and past different 5 months for nan tribunal to o.k. it. It past took different 12 months for nan existent indictment of circumstantial individuals – six of them – to beryllium handed down.

Thus, by comparison, nan Palestine cases person moved overmuch faster.

Among nan reasons for nan hold successful nan Palestine lawsuit were nan galore briefs challenging nan court’s jurisdiction and nan admissibility of nan allegations. There was besides a batch of unit put connected nan ICC by Israel and its Western friends.

There were Israeli attempts to intimidate nan tribunal moreover earlier nan warfare started past year, pinch Khan’s predecessor, Fatou Bensouda, facing threats by nan Mossad not to motorboat an investigation into Israel’s warfare crimes of 2021. Khan now himself faces accusations of intersexual misconduct.

It is notable that fewer Western nations came to Kenyatta’s and Ruto’s aid. On nan contrary, location was much than a subtle hint fixed to Kenyans that electing Kenyatta and Ruto would beryllium a bad thought – that “choices person consequences”.

I americium not saying they should person opposed nan duo’s arraignment, but location is much than a whiff of double standards here. It does look that location is much of an liking successful seeing justness done erstwhile those successful nan dock are Africans, and not conscionable anti-Western.

That constituent is driven location erstwhile 1 considers really nan indictments of Israeli officials person been framed successful nan Western press. The Guardian, for example, described it arsenic “the first clip a occidental state from a modern populist has been charged pinch warfare crimes and crimes against humanity by a world judicial body”.

This relationship comes arsenic a astonishment to Kenya, which for good complete six decades has considered itself a “Western ally” and which – having held regular elections passim that clip – tin beryllium described arsenic thing of a “modern democracy”, immoderate that means. Unless, of course, these are euphemistic descriptors of much problematic relationships.

Kenyans person a sanction for this benignant of thing: nan “mtu wetu [our guy] syndrome”. Whenever our politicians find themselves being investigated aliases – God forbid! – charged pinch crimes, they effort to rally their taste kinsmen astir nan thought that it is nan “tribe” being targeted.

The mobilisation of an imagined identity is simply a governmental maneuver that is very effective successful scaring disconnected prosecutors and intimidating judges some locally and internationally. “Mtu wetu” is really Kenyatta and Ruto were capable to debar prosecution astatine location and past instrumentalise their power of nan Kenyan authorities to undermine their cases astatine nan ICC.

It is why nan ICC recovered itself accused of “race hunting” – of focusing connected prosecuting Black Africans, an allegation that conveniently ignored nan truth that astir of nan situations nan tribunal was pursuing had been referred to it by African governments.

“Mtu wetu” is why Netanyahu coming accuses nan tribunal of anti-Semitism, suggesting his prosecution is an onslaught connected each Jews. “Mtu wetu” is why abruptly Germany seems little keen connected upholding its obligations nether world law, and why US politicians are threatening each and sundry, moreover those successful Canada and Europe who possibly mistakenly thought they  would beryllium ever portion of nan tribe.

It is sadly ironic that connected nan 140th day of nan Berlin West Africa Conference – which group nan shape for European colonisation of Africa and which subsequently introduced nan scourge of tribalism to nan continent – that nan aforesaid irrational and totalising conception of personality is being weaponised successful nan West to take sides group accused of immoderate of nan worst categories of crimes imaginable.

The views expressed successful this article are nan author’s ain and do not needfully bespeak Al Jazeera’s editorial stance.