Friday 21 October 2016

South Africa to withdraw from war crimes court

Sudanese President Omar al-Bashir. Photo: 11 October 2016Image copyrightAFP/GETTY IMAGES
Image captionSudan's President Omar al-Bashir was in South Africa for a meeting of African leaders in 2015
South Africa has formally begun the process of withdrawing from the International Criminal Court (ICC), notifying the UN of its decision.
South Africa did not want to execute ICC arrest warrants which would lead to "regime change", a minister said.
Last year, a South African court criticised the government for refusing to arrest Sudan's President Omar al-Bashir.
He is wanted by the ICC on charges of genocide and war crimes.
Mr Bashir was attending an African Union summit in Johannesburg, when the government ignored an ICC request to arrest him.
He denies allegations that he committed atrocities in Sudan's troubled western Darfur region.
Several media outlets say they have obtained a copy of the "Instrument of Withdrawal", signed by South Africa's foreign minister.
"The Republic of South Africa has found that its obligations with respect to the peaceful resolution of conflicts at times are incompatible with the interpretation given by the International Criminal Court," the document says.

'Runaway train'

Justice Minister Michael Masutha said at a press conference that the government would table legislation in parliament to withdraw South Africa from the ICC.
The Rome Statute, under which the ICC was set up, required the arrest of heads of state for whom a warrant was issued.
The consequence of this would be "regime change" and the statute was incompatible with South African legislation which gave heads of state diplomatic immunity, he added.

Analysis: Anna Holligan, BBC ICC correspondent
South African President Jacob Zuma and Kenyan President Uhuru Kenyatta - 11 OctoberImage copyrightEPA
Image captionPresident Zuma recently met his Kenyan counterpart Uhuru Kenyatta, against whom an ICC prosecution failed
The ICC has a notoriously fractious relationship with the African continent. Despite 34 African nations voluntarily signing up to the court's jurisdiction - in recent years a handful of governments have decided their idea of international justice is incompatible with that set out in the Rome Statute.
When the Kenyan President Uhuru Kenyatta was charged with crimes against humanity, the African Union argued that heads of state should be entitled to immunity for the duration of their term in office, a direct contravention of the ICC's raison d'etre to hold the most powerful to account. The trial against Mr Kenyatta later collapsed because of a lack of evidence.
There were almost farcical scenes when the Sudanese president attended a summit in Johannesburg at the invitation of the African Union, then disappeared during dinner after resounding calls from human rights groups for South Africa to uphold its obligation as a member of the ICC to detain him in line with the outstanding arrest warrant.
It seems this divided loyalty between the competing demands of AU and ICC has driven South Africa to initiate the process of pulling out. Nine out of 10 of the ICC's current investigations are in Africa - leading to allegations of bias against African countries.
So is this the beginning of the end of the world's first permanent war crimes court? The answer will partly depend on whether this withdrawal generates a domino effect.

Human Rights Watch has criticised South Africa's decision.
"South Africa's proposed withdrawal from the International Criminal Court shows startling disregard for justice from a country long seen as a global leader on accountability for victims of the gravest crimes," said Dewa Mavhinga, the NGO's Africa division senior researcher.
"It's important both for South Africa and the region that this runaway train be slowed down and South Africa's hard-won legacy of standing with victims of mass atrocities be restored," Mr Mavhinga said.
A Kenyan woman reacts outside the Kenya Assemblies of God Church in Eldoret, 01 January 2008.Image copyrightAFP
Image captionThe ICC says its focus is on helping victims of conflict achieve justice
Mr Masutha said the government had also decided to drop its appeal against a ruling of South Africa's High Court, that it had violated its international obligations by failing to arrest Mr Bashir.
The appeal was due to have been heard next month.
The move to leave comes a week after the South African President Jacob Zuma visited Kenya, a country that has been highly critical of the ICC ever since the prosecutor charged its President Uhuru Kenyatta with crimes against humanity.
He denied the charges, and the trial later collapsed beceause of a lack of evidence.

The ICC and global justice:
  • Came into force in 2002
  • The Rome Statute that set it up has been ratified by 123 countries, but the US is a notable absence
  • It aims to prosecute and bring to justice those responsible for the worst crimes - genocide, crimes against humanity, and war crimes
  • In the court's 14-year history it has only brought charges against Africans.

Two weeks ago Burundi said it would pull out of the ICC - a decision described by the court as "a setback in the fight against impunity". MPs backed the decision and its president signed the measure into law on Tuesday.
Last year, Namibia also said it planned to withdraw from the ICC, describing the court as an an "abomination" which wanted to "dictate" to Africans on how they should be governed.
Previously, the African Union has urged member states not to co-operate with the ICC, accusing it of being racially biased against Africa by failing to prosecute suspected war criminals from other parts of the world.
The ICC denies the allegation, saying it pursues justice on behalf of Africans who are victims of atrocities.
The 124-member ICC opened in 2002. It is the first legal body with permanent international jurisdiction to prosecute genocide, crimes against humanity and war crimes.

Mosul Iraq battle: IS launches counter-attack at Kirkuk


Media captionIS militants have been targeting buildings linked to the Iraqi government
Islamic State (IS) militants have mounted a ferocious counter-attack in north Iraq, killing at least 19 people in and around the city of Kirkuk.
They attacked government buildings, killing at least six police officers, and a power station under construction, where 13 employees died, officials say.
Twelve IS fighters also reportedly died and fighting seems to be continuing.
Government and Kurdish forces began a long-awaited operation against the IS capital in Iraq, Mosul, on Monday.
Mosul lies 170km (105 miles) to the north-east of Kirkuk, a multi-ethnic city claimed both by Iraq's central government and the Kurds.
Government forces said on Friday they had regained control of a further two villages - al-Awaizat and Nanaha - south of Mosul, evacuating 65 displaced families and killing 15 IS militants.

Police stations attacked

Hours after the initial assault, witnesses in Kirkuk said gunfire could still be heard and militants were walking openly through the streets. Initial reports suggested as many as 16 civilians had been killed.
Men with guns standing behind rocks at a site of an attack by Islamic State militants in Kirkuk, Iraq, October 21, 2016.Image copyrightREUTERS
Image captionKurdish forces joined Iraqi government forces in the operation against the attack in Kirkuk
Local media say a state of emergency has been declared and Friday sermons have been cancelled as mosques remain closed.
A news agency affiliated to IS said fighters had broken into Kirkuk's city hall and seized a central hotel but officials denied this.
District police chief Brig Gen Sarhad Qadir told the BBC suicide bombers and other IS fighters had attacked three police buildings and the headquarters of a political party in Kirkuk.
"All of the militants who attacked the police emergency building and the old building of the Kirkuk police directorate have been killed but a number of other militants are still in Dumez district," he said.
The governor of Kirkuk, Najm al-Din Karim, insisted that Kurdish Peshmerga fighters and counter-terrorism forces were completely in control of the situation.
He blamed the attack on IS sleeper cells.
Map showing control of Iraq and Syria (19 October 2016)
"Because of the ongoing Mosul offensive, they may want to create a situation where forces would be withdrawn from there and the focus shifted to Kirkuk," Mr Karim told Kurdish news agency Rudaw.
"Also because they are being defeated in Mosul, they want to boost their morale with these kinds of actions."
Five Iranian employees are believed to be among the dead in the attack on the power plant to the north of Kirkuk, Iraq's electricity ministry said.
Seven other employees and five police guards were wounded.
The power plant, which is still under construction, is being built by an Iranian company.
Kurdish Peshmerga vehicle in Iraqi city of Kirkuk during attack by Islamic State militants (21 October 2016)Image copyrightREUTERS
Image captionA curfew has been imposed in Kirkuk until further notice, Iraqi media say

Thursday 20 October 2016

US presidential debate: Trump won't commit to accept election result


Media captionPresidential debate: The moment Trump v Clinton turned nasty
Republican Donald Trump has refused to commit to accepting the election result if he loses, in the final TV debate against Hillary Clinton.
"I will tell you at the time," he told moderator Chris Wallace. For days he has claimed the election is "rigged".
The Las Vegas debate continued the campaign's bitter tone, with Mr Trump calling Mrs Clinton a "nasty woman".
Polls show Mr Trump is losing in key battleground states after facing a slew of sexual assault allegations.
The final battle of wits came less than three weeks before election day on 8 November.
The candidates declined to shake hands before and after the political sparring, setting the tone for another debate marked by shouting and interrupting.
Mr Trump appealed to the Republican establishment by vowing to appoint Supreme Court justices with a "conservative bent" who would overturn a key ruling that made abortion legal in the US and protect gun rights.
He also stuck to his pledge to deport undocumented immigrants and secure US borders.
Meanwhile, Mrs Clinton firmly declared she would stand up for the LGBT community, defend abortion rights, focus on restoring the middle class and equal pay for women.
"The government has no business in the decisions that women make," she said.
Media captionHillary Clinton: "He [Putin] would rather have a puppet as president"
In one of the more striking moments, Mr Trump twice declined to say whether he would accept the election's outcome, breaking with the country's long-standing tradition of a losing candidate's concession after the votes are counted.
"That's horrifying," Mrs Clinton shot back.
"He is denigrating and he is talking down our democracy. And I, for one, am appalled that somebody who is the nominee of one of our two major parties would take that kind of a position."
Mr Trump's response drew sharp criticism from Republican Senator Lindsey Graham, who said the candidate was "doing the party and country a great disservice by continuing to suggest the outcome of the election is out of his hands and 'rigged' against him," according to a statement.
Nicolle Wallace, an NBC News analyst and advisor to Senator John McCain's 2008 presidential campaign, said on NBC: "He may as well have laid down in his own coffin with a hammer and nail and pounded it in himself."
Other highlights from the debate at the University of Nevada, include:
  • Mrs Clinton said Mr Putin wants Mr Trump elected because he wants a puppet as US president
  • "We have some bad hombres and we are going to get them out," said Mr Trump, as he stood by his pledge to build a border wall
  • Mrs Clinton said she would introduce the biggest jobs programme since World War II
  • Mr Trump suggested she and President Barack Obama co-ordinated the violence at his rally in Chicago earlier this year
When asked about her paid speech to a Brazilian bank in which she spoke of her dream of open trade and open borders, Mrs Clinton said she was talking about energy policy.
In one key exchange, he attacked her 30 years of "very bad experience" and she responded by going through her timeline, comparing where she was to where Trump was.
While she was in the White House helping to track down Osama Bin Laden, "he was hosting the Celebrity Apprentice", she said.

Not a good night for Trump - Anthony Zurcher, BBC News, Las Vegas

Donald Trump tried to be restrained. He really did. During the first section of the third presidential debate, when the topic was the Supreme Court, if you squinted you could almost imagine that this was just another presidential race, with two candidates squaring off and vigorously discussing their public policy positions on abortion and gun control.

Trump family after debateImage copyrightGETTY IMAGES
Image captionDonald Trump was joined by his family after the debate ended

What the US media says

Many agree that the headline-grabbing moment of the debate was when Donald Trump said he would not commit to accepting the result of the election.
The right-leaning Fox News said it had been Mr Trump's "strongest debate performance" so far and felt he was "evenly matched" with Clinton. "But Trump may have undone whatever progress he made with a single answer," about the result, which will "undoubtedly be the big headline coming out of the debate and will dog Trump between now and Election Day".
Even readers of Breitbart News, a strong supporter of Mr Trump, thought he had failed to turn things around for himself. In a readers' poll, of 172,550 people who voted, 58% said Mrs Clinton won the debate compared with 41% for Mr Trump.
The Washington Post agreed with Fox that Mr Trump started well, but "by the end, it was the story of Trump in Campaign 2016 in microcosm, a series of angry exchanges, interruptions, insults that served to undercut the good he might have accomplished earlier".
The New York Times was full of praise for Mrs Clinton's performance, saying she "outmanoeuvred Mr Trump with a surprising new approach - his. Flipping the script, she turned herself into his relentless tormentor, condescending to him repeatedly and deploying some of his own trademark tactics against him".

What happens next?

  • A mere 24 hours after their final debate, Hillary Clinton and Donald Trump will come face-to-face again, at a white-tie gala at the annual Alfred E. Smith Memorial Foundation Dinner in New York. Both will make speeches, with tradition dictating the candidates deliver humorous remarks poking fun at themselves and each other, which could be awkward, given how ugly the campaign has become. The bitter rivals will sit one seat apart, with New York's Cardinal Timothy Dolan in the middle.
  • The two candidates will spend the remaining 18 days before the election criss-crossing the US in their bid to persuade undecided voters. Expect to see lots of appearances in battleground states such as Ohio, North Carolina, Florida and Pennsylvania.
  • Voters will go to the polls on Tuesday 8 November to decide who becomes the 45th President of the United States
  • The new president will be inaugurated on 20 January 2017

Mr Trump has faced damaging fallout after a video emerged of him making obscene comments about groping women, with senior Republicans deserting him.
When pressed about sexual assault allegations made against him by several women in the wake of the video, Mr Trump said the claims had been "largely debunked".
In addressing the groping accusations, Mrs Clinton said: "Donald thinks belittling women makes him bigger".
"Nobody has more respect for women than I do," Trump said as the crowd was heard scoffing.
He also blamed Mrs Clinton, whose campaign he said was responsible for drumming up the allegations.