Leaders in Zambia will be dragged to International Criminal Court – International Lawyer

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One of the cadres injured during a fierce PF battle

One of the cadres injured during a fierce PF battle

International Lawyer Dr Munyonzwe Hamalengwa has warned that some political leaders in Zambia will be dragged to the International Criminal Court after the August Elections.

Dr. Hamalengwa who has presided over some international law cases in South Africa among other countries and practised law in Canada for 25 years has told Zambian Eye that there is enough evidence on political violence that will attract the International Criminal Court to move in and prosecute some politicians.

“The perpetrators of the violence are known by name by many authorities including the police, intelligence, army, the President, the media, the opposition and many individuals. There is photographic evidence as well,” said Dr Hamalengwa who is now in the country teaching at Zambian Open University.

FB_IMG_1465882022677Thugs allegedly sponsored by Local Government Minister Stephen Kapyongo on Monday attempted to bring down the helicopter carrying opposition presidential candidate Hakainde Hichilema of the UPND in Shiwang’andu in Northern Zambia.

The thugs threw stones, other objects and burnt the bushes near the grounds the Helicopter was to land from.

The thugs who have been bused from the capital are trailing Hichilema who has been attracting huge crowds at his campaigns in a region which has strong support base for the ruling party – Patriotic Front.

President Lungu

President Lungu

In the capital and Copperbelt province, there have been reports bloody attacks on the opposition by cadres suspected to be from the ruling party. Campaign materials displayed around the city are being destroyed. Repeated calls for peace from President Lungu have been ignored.

Below is the full statement

With all the doubts and misgivings that I have about justice emanating out of the International Criminal Court,(ICC) because that court seems to only target Africans and in reverse, only African dictators invoke that court against the opposition, it looks likely that that court may have a role to play in Post-election Zambia because of the violence that may accompany this important election. The perpetrators of the violence are known by name by many authorities including the police, intelligence, army, the President, the media, the opposition and many individuals. There is photographic evidence as well.
Thus when the case or if the case gets to the ICC, there will be no problem of evidence.

Dr Munyonzwe Hamalengwa

Dr Munyonzwe Hamalengwa

The Kenya case at the ICC arising out of post-election violence collapsed among other reasons because the Court failed to access evidence that was in the hands of the government. The government refused to release the requested evidence and further intimidated the witnesses and the case was derailed. That will not be the case in the case of Zambia and to be named defendants. The evidence is in so many hands and the government even if in power post election cannot claim that they did not know about the violence or the perpetrators. The government has been told repeatedly about this violence, that the violence is in the hands of the government and that only the government can control this violence as it is in their hands. The defence by government leaders and party leaders that they personally did not know about the violence or did not personally engage in political violence has been abolished in international criminal law. Wilful or reckless ignorance by the President and his ministers or security apparatus is no defence now.
The police and the army can also not plead that they were following official orders in not preventing the violence or in not arresting the perpetrators. The defence of following orders has been abolished in international criminal law.
The governing party has the primary responsibility of providing peaceful elections and preventing violence from their cadres as well as those of the opposition. The government controls the army, the police, intelligence and all other official security apparatus. Some governments have fifth column security apparatus that secretly kill people. The government controls that too.
The days of non-accountability of sovereign states in international criminal law are over. The Ivorian and Kenyan election violence cases are precedents. The perpetrators in Zambia who are known will not get away with murder. Zambia also has precedents where two of its presidents were stripped of immunity and prosecuted. Thus Zambia doesn’t even have to invoke international criminal law. It has its own precedents. No Zambian no matter how high or mighty they may be before elections, will not get away with murder after the election. Either they will face the force of the law domestically or they will face international criminal law at the ICC. Kenyatta and Rutto looked deflated and devoid of power when they appeared in the courtroom of the ICC. The world has changed.
Lastly, there are many serious crimes in modern law. One of the most serious crimes in the Canadian and American legal systems is an attempt to bring down an aircraft or bringing down an aircraft causing death or injury to people entombed therein. This crime now is elevated to a terrorism offence. Terrorism is an elevated criminal offence and the consequences on conviction are dire. The attempt to bring down an aircraft in Zambia recently, an aircraft carrying the opposition members exercising their constitutional right to campaign for power in the upcoming election, is a serious offence. That the President has so far not commented on this terroristic act despite the circumstantial evidence of his knowledge through media reports,  is extremely worrying. The culprits must be brought to book. The police know them. The government leaders have been told who the perpetrators are. The opposition knows them. The media knows them.  Individuals know them. There probably is photographic evidence.
If these criminals are not charged and prosecuted, they must be handed over to the international criminal court for prosecution. In Canada and the US, these criminals would be called terrorists and they would be behind bars now. The rule of law will eventually be achieved in Zambia during our lifetime.


17 Responses to Leaders in Zambia will be dragged to International Criminal Court – International Lawyer

  1. PF National Youth Chairman Steven Kampyongo is a terrorist and should treated as such.

    June 15, 2016 at 8:00 am

    • Definitely. Leave them, they think they are clever today. They will be an example for future generations to learn from that violence doesn’t pay.

      June 15, 2016 at 8:07 am

  2. First take George Bush to the ICC and Belgium for killing Lumumba before you even think of Africans. This is why Gadaffi refused this silly ICC because it only targets Africans and it is backed by Neo-Colonialists like you blind lawyers who are too afraid to practice Law in Zambia. Why not also start with the Mapatizya Formula Architects first ?

    Ben Blazer
    June 15, 2016 at 8:07 am

  3. Yes, I agree entirely with Dr.Hamalengwa taking some of these cases of violence to the ICC will bring an end to this culture and tame the ruling party cadres behavior. Their superiors too will be scared to make an appearance at the ICC and acquire the status of a criminal. You are welcome to take such criminal activities to the ICC and let’s see how smart these guys can be. We need peace in our country and this is fast diminishing. We need to restore this peace.

    Prince Mande
    June 15, 2016 at 8:32 am

  4. Let us all unit to treat and call, these actions of violence by PF as acts of TERRORISM and PF cadres as TERRORISTS PF cadres.no more election violence but ELECTION TERRORISM BY PF. Copy & forward to all peace loving Zambia, let us call lungu a terrorist terrorising Zambians.

    Life experience
    June 15, 2016 at 8:57 am

  5. ……….i am in agreement with you especially with the video evidence GBM sanctioning his supporters to “ponona” PF. Please go ahead with the prosecution.

    June 15, 2016 at 9:02 am

  6. I agree most politicians particularly in Government do not care about human rights. RB and his Former minister of Home Affairs a fellow Malawian MUkondo Lungu should be the first one to stand trial for their atrocities committed in Barotseland.

    Choongo Mulenga
    June 15, 2016 at 9:40 am

  7. If they are known, why not take them to court now? why wait until after the 11 August?

    June 15, 2016 at 10:02 am

  8. Is not amazing how there is deafening silence from the Mother church bodies especially the pentecostal church Bishops and Reverends when the country is on the brink of a civil war?
    Dear bishops and Reverends,the blood of the slain is upon your hands because you have been compromised by accepting the brown envelopes.
    You will be answerable to God!

    June 15, 2016 at 10:38 am

  9. we all know that the causers of this its u and me, why should you sacrifice your life for a pack of shake – shake or 50pin? why should u and I be used as dogs?
    why is it that they (political leader) don’t physically fight?
    are they not friends? was he not the most stupid white man? and the same people who made UPND and PF cadres fight and kill each other are they not together enjoying now?
    am worried………….!! may God Deliver us

    June 15, 2016 at 11:52 am

  10. Thank you doctor for the message. Lungu has brought shame to Zambia with his minister cadres. These will have to be reported to the international criminal court. They will not be able to travel to morning side clinic, India, U.K. or the USA. It is shameful that Lungu has been silent over his minister and cadres’ attempt to bring down a helicopter. These are terrorists and post August 11 should teach PF cadres that they can never just attack any Zambian in this day and age

    Chama Chamapiduzi
    June 15, 2016 at 12:19 pm

  11. Let us not focus on ruling party PF cadres’ crooked behaviour alone. Even the UPND cadres are equally guilty of this mischief. Last week UPND thugs murdered an UNZA student in Southern Province whose only offense was to don PF regalia. Only this morning, marketeers and car dealers at Northmead shopping centre were attacked by UPND cadres. In Mafinga, UPND cadres went on rampage, stoning cars and homes of suspected PF supporters. Friends who witnessed these events captured them on their smart phones and sent them to me. Dr. Hamalengwa should therefore not single out the PF; even the UPND is equally culpable. If the ICC has to come in, leaders guilty of abetting their party members’ criminality from both the PF and UPND should be arraigned before the ICC.

    June 15, 2016 at 3:00 pm

    • The point is whoever is involved in political violence before and during this year’s election could be a candidate for the ICC regardless of party affiliation. However, the party in power holds greater responsibility because it has the means to stop the violence. I can only imagine that in most cases the opposition is pushed between the rock and a hard place. Who would want to be like a sheep led to the slaughterhouse? Not when I am not dying to save the world from sin.

      Mapanza H Nkwilimba
      June 15, 2016 at 5:29 pm

  12. don’t worry doc, we live, eat with them. they ‘re just too blind and dull to notice our suveillence. their days are numbered.

    June 15, 2016 at 3:03 pm

  13. Dr Hamalengwa is HH’s cousin so what do you expect him to say?
    To them dressing UPND in PF regalia and causing confusion in the country will turn the people against PF. It is really shameful.
    When ECL says ‘One Zambia and One Nation’ He is saying that’ We are one people.

    June 16, 2016 at 2:56 pm

  14. Ask HH if he knows me and if we are cousins. Am a Democratic Political Commentator. Chapwa. Kwamana. Kwasila. I don’t support anyone because of cousinship or tribe.

    Munyonzwe Hanalengwa
    June 23, 2016 at 7:06 pm

  15. Violence is and will never be defined as a strategy to win elections. Violence is not an act of bravery. Instead, violence is an act of aggressive and criminal behaviour -which intend to cause or causes injury to onother person or to another person’s property. Now that everyone is on the same page of what violence is, it should be easy to understand why we are saying we have a major problem today in Zambia with violence. This act of aggressive and criminal behaviour is not and will never be condoned as part of the value system of the Zambian people.

    Violence is a widespread and growing problem in Zambia which must be stopped because when you kill a parent because of your political ambition, you affects both males and females of all ages, particularly young people. In view of this, we need a strong and independent electoral body that will have powers to disqualify any political party whose cadres are found wanting with such offenses. Secondly, acts of aggressive and criminal behaviour during elections should be thoroughly investigated after the August elections and all the culprits arrested in order to set a good precedent.

    Dr Imasiku Liamunga
    July 8, 2016 at 5:35 am

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