The Attorney General and Minister for Justice, Godfred Yeboah Dame, has told the Prosecutor of the International Criminal Court (ICC), Karim Asad Ahmad Khan KC, that Ghana remains committed to the ideals of the International Court as spelled out in the Rome Statute.
Governed by an international treaty called the Rome Statute, the ICC is essentially tasked to investigate and, where warranted, try individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity, and crimes of aggression. As a court of last resort, the ICC seeks to complement, not replace, national Courts.
Addressing the ICC Prosecutor and his delegation at the Law House when they paid a courtesy call on him, the Attorney General indicated that even though Ghana has not had any of her citizens tried by the ICC, the nation’s contribution has been so immense. That contribution is even greater in terms of the system of governance that the country currently runs.
This, Godfred Dame said, is because the ICC aims to stamp out impunity to check excesses on the international front and ensure that crimes of aggression, war crimes, crimes against humanity, and genocide are tried within an international forum.
“So, for me, the strongest investment a nation can make even if it is a state party to the ICC is to have a system of governance that will curb abuse of power and impunity.
“All I can say is that when democracy reigns and is practiced in its purest form, it is actually the surest way of preventing any impunity and contributing to the work of the International Criminal Court,” Godfred Dame said.
The Attorney General revealed that his office has presented a bill to Parliament to fully incorporate the Rome Statute into the laws of Ghana to ensure that war crimes, crimes against humanity, and crimes of aggression, become effectively part of the domestic laws of Ghana in addition to genocide which has already been made part of our domestic law.
“Secondly, it is also to ensure that Ghana will be in a position to try offences recognised by the ICC domestically, and if it is not able to try it then the ICC, of course, can assume jurisdiction,” Dame noted.
Mr Dame also highlighted the importance of African countries fully incorporating the Rome Statute into their domestic laws because it provides an opportunity for the crimes to be tried in their jurisdiction and boosts the countries’ sovereignty.
“I consider it offensive to the sovereignty of a nation to have crimes of such nature tried outside the jurisdiction,” Dame added.
ICC Prosecutor
Mr Khan who agreed with Mr Dame, praised the government of Ghana for ensuring a stable country driven by democracy, the rule of law, and the progress that Ghanaians want for their country. He said Justice is best served at home and only when a country is proven to be unwilling or unable to serve justice that another court should intervene.
“So, in so many areas we want to move forward with you and I think you have so much to be proud of quite frankly. I think the humility from Ghanaians, sometimes you take your achievements with such kindness that you don’t boast about them but you have a lot to be proud of,” the ICC Prosecutor Karim Khan said.
The Visit
Karim Khan KC is in Ghana at the invitation of the Ghana Institute of Management and Public Administration (GIMPA). He was received at the Kotoka International Airport on Sunday, 13 October 2024 by the Rector of GIMPA, Professor Samuel Kwaku Bonsu, and the Dean of the GIMPA Law School, Dr Kwaku Agyeman-Budu.
As part of this visit, the ICC Prosecutor also paid a courtesy call on the Chief Justice, Justice Gertrude Sackey Torkornoo at her office. Mr Khan will also visit the Speaker of Parliament, Alban Kingsford Sumana Bagbin, and the President of the Republic, Nana Addo Dankwa Akufo-Addo at their offices.
Mr Khan will also deliver GIMPA Law School’s third eminent public lecture on International Criminal Justice under the theme; “Democracy, Elections and Impunity: International Criminal Justice as a deterrent.” He will also hold a special Q&A session with GIMPA law students enrolled on the Master of Laws Degree (LL.M) Programme in International Criminal Law and Justice. He is expected to depart Ghana on Wednesday, 16 October 2024.
Profile of Karim Khan
Karim Khan KC specialised in all areas of public international law, international criminal and human rights law, sports law, international arbitration, extradition, media law, and major commercial fraud cases. He previously acted for states, individuals, and victim groups.
He worked as a senior Crown prosecutor at the Law Commission of England and Wales, and in the Office of the Prosecutor at the United Nations International Criminal Tribunals for the Former Yugoslavia and Rwanda.
In 2018 the Secretary General of the United Nations, António Guterres, appointed Karim as the first special advisor and head of the United Nations team investigating international crimes committed by ISIL/Da’esh under the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/ISIL (UNITAD).
On 16 June 2021, Karim Khan was sworn in for a nine-year term as Chief Prosecutor at the International Criminal Court in The Hague.
Story by Mysourceonline