The Geo-Politics of an Indicted Head of State

I was rather disturbed by an article published by one of the dominant leading newspapers in the country. Needless to say, it hit the nail on the head but this was not news. I have been going through the article over and over as the argument progresses. However it is my view that the author spoke too soon, assuming that the presidential aspirant have already qualified for the top job. But that is a story for another day. My concern is that the heated debate on whether accused persons may run as a presidential candidate in a country he/she is accused of the crimes,more so crimes related to humanity.I know  your mind will jog directly to the statutes which I am not concern either about in fact even the legal minds still debate on the interpretation of the Rome statute and the internal constitution tête-à-tête the jurisdiction and admissibly of the same.

Former Liberian president, Charles Taylor,
at the international criminal Court

Explanation abound, and include lack of depth among legal scholars have dominated the scene notwithstanding the fact that the debate will not only be contained under the legality of the cases but also other variable such as the levels of analysis and international system may be introduced on the debate. Hence, international system is the totality of interaction at the global level. A system is a whole consisting of different parts, but those parts constitute the system only if they interact. Mutual behaviour impact, the behaviour of one part affects the behaviour of the other part as well as the other affect the other. The behaviour of the whole affects the behaviour of the part; which include the state and non state units which interact. Why am I am saying this? In simple terms is that the identity of state with recognition of the head of state has both direct and indirect ramification on Political, economic and social takeoff of a state. This in itself should reason enough that the head of state as an actor has the capacity to take its citizens to “hell or heaven” within the international system.

First, politically the conduct of diplomacy involves carrying out activities under the pillars of political-economic and social-cultural analysis. Imagine a situation where a head of state operates under the non-state “hawk eye” like the international criminal court - ICC. Me-think that it is a political suicide more so for the citizens of the nation due to the fact that the world has shrunk from middle to size small and this condition is always encapsulated in word “global village” village which means an increase interdependence among the state actors. For instance, why is the UN taking a different stand to the current civil war in Syria? While in Libya a call by the UN Security Council to use military approach to oust the regime of former leader Muammar Gaddafi lead by the core states? Is this a legal or a political approach between the two state actors? Municipal laws are always applied within the international system and this in turn means the head of state play a significant role between the state and state actors. I was not surprised when the fight to claw away the cases of four Kenyans charged with crimes against humanity from the grip of The Hague based International Criminal Court took a fresh spin when the East African Legislative Assembly (EALA) passed a Motion urging the court to transfer the trials to the East African Court of Justice (EACJ).Why I am I saying this? This approach confirms that legal approach has failed and now a political solution is the only remedy to save the Ocampo 4. Kenya is the kingpin within the East Africa Community and she has the capacity to foreshore other states within EAC to abide by her decisions. Can we then conclude that she also has the capacity of influence the EACJ?East African heads of state have signed to have the East African Court of Justice Extent its jurisdiction to cover Crimes against humanity. Why was this there in the first place?  This leads me to ask was president Jakoyo Kikwete was in “goodwill” when he was amongst the imminent personality who lobbied for a power sharing system in Kenya.

 Left: President Museveni_Kibaki and-Kikwete

(East Africa Legislative Assembly meeting)

Secondly, economically the state actor has a big role in determining who associates with whom, when and how within the international system. This means that the head of state will determine the kind foreign donors who will line up for funding agreements on the table. For instance one foreign newsroom states that Nicolas Sarkozy last election was partly funded by Libya – Gaddafi regime in addition to ANC election in South Africa. This adds the answer that South Africa was considered to be the key suspect that Muammar al-Gaddafi could seek refuge during the military intervention in Libya. This is because of the trade relations between the two states. My point is therefore that the international system shapes the state actors based on trade tariffs they can slap sanctions to states whom they consider a “threat actor” thus one will be marked as a pariah within the international system. This demand alignment with economic blocs of strategic importance to forge closer links with strong economic powers will be determined by the key state actors whom are the head of state. You can now imagine a head of state who is indicted; the international actors will desert you which will be a grave yard of sanctions for countries with such a key actors. I highly suspect former Liberia leader Charles Taylor had to step down three months after being indicted by the ICC because of pressure from the international system both state and non-state actors. These liberated the Liberian people from unnecessary economic sanctions. This was also seen when the European Union  -EU threatened Kenya during the disputed 2007 -2008 post election violence which forced both President Kibaki and Prime minister Raila Odinga as the state actors to share power.

And I said then, Now, when we think of voting in an accused head of state let us rethink about the political and economic unforeseen circumstances that come with it within the international system. Let’s not limit our debate only on the legality of the situation but rather the implications that come beforehand within the state and non-state actors and the trickle-down effect to its citizens in form of political and economic trade barriers. Thus, I ask does the Geo-politics of an indicted head of state affect the state relations within international system ? I presuppose Sudan president Omar al-Bashir and Sudan nation could be on a better position to deduce my line of reasoning.

         

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