During his presentation of this year’s State of the Nation Address (SONA), President Lieutenant General Dr. Seretse Khama Ian Khama reaffirmed Botswana’s commitment to the Rome Statute that established the Hague-based International Criminal Court (ICC).
This is no doubt commendable considering the fact that many African countries have expressed dislike for the ICC, stating that only African Presidents and/or Heads of State are arraigned before the court for prosecution while those from western states are never brought before the court.
The other ground of opposition against the ICC is that some of these western countries, e.g. the United States of America, which celebrate the fact that African leaders are arraigned before the ICC, are not even signatories to the Rome Statute.
As stated earlier, Botswana deserves to be commended because its resolve is not shaken by the fact that, to date, four African countries namely Kenya, Gambia, Burundi and South Africa have noticed their intentions to cease their membership of the ICC, the twelve member court established in 2002 to fight human rights violations in the world.
Before we discuss the importance of the Rome Statute and demonstrate why Botswana’s commitment to it is commendable it is apposite that we give a brief account of the Rome Statute. The Rome Statute of the ICC, commonly referred to as the ICC Statute or the Rome Statute, is the treaty that established the ICC.
It was adopted at a diplomatic conference in Rome on 17th July 1998 and it entered into force on 1st July 2002. To date, about 124 states are party to the Statute. Inter alia, the Statute establishes the ICC's functions, jurisdiction and structure.
The Rome Statute, which is essentially an instrument of international law, established four main international crimes, namely genocide, crimes against humanity, war crimes and the crime of aggression.
In terms of the Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves. The Statute explicitly provides that the said crimes "shall not be subject to any statute of limitations. This means that a crime committed in terms of the Statute does not prescribe due to the passage of time.
The ICC has jurisdiction over crimes only if they are committed in the territory of a state party or if they are committed by a national of a state party. An exception to this rule is that the ICC may also have jurisdiction over crimes if its jurisdiction is authorized by the United Nations Security Council.
The aforegoing account of the ICC shows how invaluable it is to all countries, including those in the African continent. Proponents of withdrawal from the Statute give, among the reasons, the fact that the countries should prosecute the accused themselves.
The fact of the matter is that were it not for the ICC many leaders who are guilty of human right violations would go without prosecution and unpunished because they wield such power and rule by such tyranny that nobody would dare prosecute them, especially when still in office.
Also, in many countries, many Presidents and/or Heads of State are immune from prosecution for any crime they commit while still in office. This immunity continues to protect them after leaving office. Even where the constitution does not provide for such immunity from prosecution, it is unlikely that former leaders can be prosecuted locally because they are often protected by their successors whom they often hand pick.
African leaders also protect each other. Of note is the case of the Sudanese President, Omar al-Bashir, whom South Africa declined to arrest when he attended an African Union meeting in South Africa despite there being an ICC warrant of arrest against him. It is for this reason that South Africa has decided to leave the ICC.
There have been so many tyrannical African Presidents and Heads of State, yet there is almost none that was prosecuted by the country itself. Our fellow African brothers and sisters have suffered under the tyranny of such autocrats as Mabutho Seseko of Zaire and Charles Taylor of Liberia with no action by the states themselves.
With respect to Charles Taylor it is the ICC which came to the Liberians’ rescue. The ICC also came to Ivory Coast’s rescue by prosecuting former President Laurent Gbagbo who orchestrated unspeakable violence in an attempt to hold on to power after losing the election to Alassane Quattara in 2010.
Invariably, therefore, African states have been "unable" or "unwilling" to conduct prosecutions, thereby vesting the ICC with jurisdiction in terms of the Statute. It is not as if the ICC just imposed itself to prosecute when the African countries were actually willing to prosecute.
Examples are the Central African Republic, Democratic Republic of Congo, Ivory Coast, Kenya, Libya, Mali, Sudan, Uganda and Georgia where neither the countries themselves nor such regional bodies as the African Union (AU) have done anything to prosecute the leaders who have brought untold suffering to the people.
Should the ICC also not act for fear of being accused of targeting African leaders? Is the ICC really targeting African leaders or it is African leaders who are mostly guilty of human right violations? Just consider the case of the Gambia where President Yahya Jammeh lost elections and conceded defeat, but later rejected the results.
In how many western countries have leaders rejected electoral results? In how many western countries have leaders remained in office when they have lost legitimacy? Have we not seen many western leaders voluntarily resigning just for losing an ordinary motion in Parliament?
David Cameron of Great Britain resigned after he lost the Brexit vote. Recently, the Italian Prime Minister, Matteo Renzi, resigned after losing a referendum vote. In Africa, even when a leader has lost all legitimacy or has lost a vote of confidence in Parliament he or she clings to power. Presidents Robert Mugabe and Jacob Zuma of Zimbabwe and South Africa respectively are cases in point.
It is curious that Jammeh rejected the electoral results days after the President elect, Adama Barrow, indicated that he will reverse Gambia’s decision to leave the ICC. Certainly, Jammeh wants to remain in power until death so that he avoids prosecution by the ICC.
Jammeh’s decision may result in blood shed in Gambia. Sadly, more than a week after he has made such an inflammatory declaration the AU has not acted decisively to avert such eventuality. As a result of Jammeh’s action civil war may arise resulting in genocide and nothing will be done to him as was the case with the Burundian dictator, Pierre Nkurunziza.
While it is true that many western countries are not members of the ICC, this does not mean that African countries should resign from the ICC. They should remain as members so that the ICC accords protection to their citizens. Why would a country resign from a noble institution on the basis that other countries are not members?
It is true that the ICC, just like many institutions, has its flaws, but those, in my view, do not warrant such a mass resignation by African countries. The United Nations, for example, is flawed to the extent Africa has no seat in the Security Council, yet African countries have not resigned from the UN.
Is it a coincidence that the African leaders who are leading the resignation from the ICC are tainted with bad governance? Presidents Uhuru Kenyatta, Jammeh, Nkurunziza and Zuma of Kenya, Gambia, Burundi and South Africa respectively do not have an admirable democratic record, do they?
In recent years, using personal devices in working environments has become so commonplace it now has its own acronym, BOYD (Bring Your Own Device). Â But as employees skip between corporate tools and personal applications on their own devices, their actions introduce a number of possible risks that should be managed and mitigated with careful consideration.Â Consider these examples:
Si-lwli, a small family-run business in Wales, is arguably as niche a company as you could find, producing talking toys used to promote the Welsh language. Their potential market is small, with only some 300,000 Welsh language speakers in the world and in reality the business is really more of a hobby for the husband-and-wife team, who both still have day jobs.Â Yet, despite still managing to be successful in terms of sales, theÂ business is now fighting for survival after recently falling prey to cybercriminals. Emails between Si-Iwli and their Chinese suppliers were intercepted by hackers who altered the banking details in the correspondence, causing Si-Iwli to hand over ÂŁ18,000 (around P Âź m) to the thieves. That might not sound much to a large enterprise, but to a small or medium business it can be devastating.
Another recent SMB hacking story whichÂ appeared in the Wall Street Journal concerned Innovative Higher Ed Consulting (IHED) Inc, a small New York start-up with a handful of employees. IHED didnât even have a website, but fraudsters were able to run stolen credit card numbers through the companyâs payment system and reverse the charges to the tune of $27,000, around the same loss faced by Si-Iwli. Â As the WSJ put it, the hackers completely destroyed the company, forcing its owners to fold.
And in May 2019, the city of Baltimoreâs computer system was hit by a ransomware attack, with hackers using a variant called RobinHood. The hack, which has lasted more than a month, paralysed the computer system for city employees, with the hackers demanding a payment in Bitcoin to give access back to the city.
Of course, hackers target governments or business giants Â but small and medium businesses are certainly not immune. In fact, 67% of SMBs reported that they had experienced a cyber attack across a period of 12 months, according to a 2018 survey carried out by security research firm Ponemon Institute. Additionally, Verizon issued a report in May 2019 that small businesses accounted for 43% of its reported data breaches.Â Once seen as less vulnerable than PCs, smartphone attacks are on the rise, with movements like the Dark Caracal spyware campaign underlining the allure of mobile devices to hackers. Last year, the US Federal Trade Commission released a statement calling for greater education on mobile security, coming at a time when around 42% of all Android devices are believed to not carry the latest security updates.
This is an era when employees increasingly use their smartphones for work-related purposes so is your business doing enough to protect against data breaches on their employeesâ phones? The SME Cyber Crime Survey 2018 carried out for risk management specialists AON showed that more than 80% of small businesses did not view this as a threat yet if as shown, 67% of SMBs were said to have been victims of hacking, either the stats are wrong or business owners are underestimating their vulnerability.Â A 2019 report by PricewaterhouseCoopers suggests the latter, stating that the majority of global businesses are unprepared for cyber attacks.
Consider that a workstation no longer means a desk in an office: It can be a phone in the back of a taxi or Uber; a laptop in a coffee shop, or a tablet in an airport lounge.Â Wherever the device is used, employees can potentially install applications that could be harmful to your business, even from something as seemingly insignificant as clicking on an accidental download or opening a link on a phishing email.Â Out of the physical workplace, your employeesâ activities might not have the same protections as they would on a company-monitored PC.
Yet many businesses not only encourage their employees to work remotely, but assume working from coffee shops, bookstores, and airports can boost employeesâ productivity. Â Unfortunately, many remote hot spots do not provide secure Wi-Fi so if your employee is accessing their work account on unsecured public Wi-Fi,Â sensitive business data could be at risk. Furthermore, even if your employee uses a company smartphone or has access to company data through a personal mobile device, there is always a chance data could be in jeopardy with a lost or stolen device, even information as basic as clientsâ addresses and phone numbers.
BOYDs are also at risk from malware designed to harm and infect the host system, transmittable to smartphones when downloading malicious third-party apps.Â Then there is ransomware, a type of malware used by hackers to specifically take control of a systemâs data, blocking access or threatening to release sensitive information unless a ransom is paid such as the one which affected Baltimore.Â Ransomware attacks are on the increase, Â predicted toÂ occur every 14 seconds, potentially costing billions of dollars per year.
Lastly there is phishing â the cyber equivalent of the metaphorical fishing exercise – Â wherebyÂ cybercriminals attempt to obtain sensitive data âusernames, passwords, credit card details âusually through a phoney email designed to look legitimate which directs the user to a fraudulent website or requests the data be emailed back directly. Most of us like to think we could recognize a phishing email when we see it, but these emails have become more sophisticated and can come through other forms of communication such as messaging apps.
Bottom line is to be aware of the potential problems with BOYDs and if in doubt,Â consult your IT security consultants.Â You canât put the own-device genie back in the bottle but you can make data protection one of your three wishes!
About five days before Princess Diana and Dodi Al Fayed landed in Paris, General Atiku, a certain Edward Williams was taking a walk in a woods in the Welsh town of Mountain Ash. Williams, then 73, was a psychic of some renown. He had in the past foretold assassination attempts on US President Ronald Reagan, which occurred on March 30, 1981, and Pope John Paul II, which came to pass on May 13, 1981.
As he trudged the woods, Williams Â had a sudden premonition that pointed to Dianaâs imminent fate as per Christopher Andersenâs book The Day Diana Died. âWhen the vision struck me, it was as if everything around me was obscured and replaced by shadowy figures,â Williams was later to reminisce. âIn the middle was the face of Princess Diana. Her expression was sad and full of pathos. She was wearing what looked like a floral dress with a short dark cardigan. But it was vague. I went cold with fear and knew it was a sign that she was in danger.â
Williams hastily beat a retreat to his home, which he shared with his wife Mary, and related to her his presentiment, trembling like an aspen leaf as he did so. âI have never seen him so upset,â Mary recounted. âHe felt he was given a sign and when he came back from his walk he was deeply shaken.â
The following day, Williams frantically sauntered into a police station to inform the police of his premonition. The officer who attended to him would have dismissed him as no more than a crackpot but he treated him seriously in view of the accuracy of his past predictions. HeÂ took a statement and immediately passed it on to the Special Branch InvestigativeÂ Unit.
The report read as follows:
âOn 27 August, at 14:12 hrs, a man by the name of Edward Williams came to Mountain Ash police station. He said he was a psychic and predicted that Princess Diana was going to die. In previous years, he has predicted that the Pope and Ronald Reagan were going to be the victims of assassination attempts. On both occasions he was proved to be correct. Mr Williams appeared to be quite normal.â
Williams, General, was spot-on as usual: four days later, the princess was no more.
Meanwhile, General, Â even as Dodi and Diana were making their way to the Fayed-owned Ritz Hotel in central Paris, British newspapers were awash with headlines that suggested Diana was kind of deranged. Writes Andrew Morton in Diana in Pursuit of Love: âIn The Independent Diana was described as âa woman with fundamentally nothing to say about anythingâ. She was âsuffering from a form of arrested developmentâ. âIsnât it time she started using her head?â asked The Mail on Sunday. The Sunday Mirror printed a special supplement entitled âA Story of Loveâ; The News of the World claimed that William had demanded that Diana should split from Dodi: âWilliam canât help it, he just doesnât like the man.â William was reportedly âhorrifiedâ and âdoesnât think Mr Fayed is good for his motherâ â or was that just the press projecting their own prejudices? The upmarket Sunday Times newspaper, which had first serialised my biography of the princess, now put her in the psychiatristâs chair for daring to be wooed by a Muslim. The pop-psychologist Oliver James put Diana âOn the Couchâ, asking why she was so âdepressedâ and desperate for love. Other tabloids piled in with dire prognostications â about Prince Philipâs hostility to the relationship, Dianaâs prospect of exile, and the social ostracism she would face if she married Dodi.â
DIANA AND DODI AT THE RITZ
Before Diana and Dodi departed the Villa Windsor sometime after 16 hrs, General, one of Dodiâs bodyguards Trevor Rees-Jones furtively asked Diana as to what the programme for the evening was. This Trevor did out of sheer desperation as Dodi had ceased and desisted from telling members of his security detail, let alone anyone else for that matter, what his onward destination was for fear that that piece of information would be passed on to the paparazzi. Diana kindly obliged Trevor though her response was terse and scarcely revealing. âWell, eventually we will be going out to a restaurantâ, that was all Diana said. Without advance knowledge of exactly what restaurant that was, Trevor and his colleaguesâ hands were tied: they could not do a recce on it as was standard practice for the security team of a VIP principal.Â Dodi certainly, General, was being recklessly by throwing such caution to the winds.
At about 16:30, Diana and Dodi drew up at the Ritz Hotel, where they were received by acting hotel manager Claude Roulet. Â The front entrance of the hotel was already crawling with paparazzi, as a result of which the couple took the precaution of using the rear entrance, where hopefully they would make their entry unperturbed and unmolested. The first thing they did when they were ensconced in the now $10,000 a night Imperial Suite was to spend some time on their mobiles and set about touching base with friends, relations, and associates. Â Diana called at least two people, her clairvoyant friend Rita Rogers and her favourite journalist Richard Kay of The Daily Mail.
Rita, General, Â was alarmed that Diana had proceeded to venture to Paris notwithstanding the warning she had given Dodi and herself in relation to what she had seen of him Â in the crystal ball when the couple had consulted her. When quizzed as to what the hell she indeed was doing in Paris at that juncture, Diana replied that she and Dodi had simply come to do some shopping, which though partially true was not the material reason they were there. âBut Diana, remember what I told Dodi,â Rita said somewhat reprovingly. Diana a bit apprehensively replied, âYes I remember. I will be careful. I promise.â Well, Â she did not live up to her promise as we shall soon unpack General.
As for Richard Kay, Diana made known to him that, âI have decided I am going to radically change my life. I am going to complete my obligations to charities and to the anti-personnel land mines cause, but in November I want to completely withdraw from formal public life.â
Once she was done with her round of calls, Diana went down to the hair saloon by the hotel swimming pool to have her hair washed and blow-dried ahead of the scheduled evening dinner.
THEâTELL ME YESâ RING IS DELIVERED
Since the main object of their Paris trip was to pick up the âTell Me Yesâ engagement ringÂ Dodi had ordered in Monte Carlo a week earlier, Dodi decided to check on Repossi Jewellery, which was right within the Ritz prencincts, known as the Place Vendome. Â It could have taken less than a minute for Dodi to get to the store on foot but he decided to use a car to outsmart the paparazzi invasion. He was driven there by Trevor Rees-Jones, with Alexander Kez Wingfield and Claude Roulet following on foot, though he entered the shop alone.
The Repossi store had closed for the holiday season but Alberto Repossi, accompanied by his wife and brother-in-law, Â had decided to travel all the way from his home in Monaco Â and momentarily open it for the sake of the potentially highly lucrativeÂ Dodi transaction. Â Alberto, however, disappointed Dodi as the ring he had chosen was not the oneÂ he produced. The one he showed Dodi was pricier and perhaps more exquisite but DodiÂ was adamant that he wanted the exact one he had ordered as that was what Diana herself had picked. It was a ployÂ on the part of Repossi to make a real killing on the sale, his excuse to that effect being that Diana deserved a ring tha was well worthy of her social pedigree.Â With Dodi having expressed disaffection, Repossi rendered his apologies and assured Dodi he would make the right ring available shortly, whereupon Dodi repaired back to the hotel to await its delivery. But Dodi Â did insist nonetheless that the pricier ring be delivered too in case it appealed to Diana anyway.
Repossi delivered the two rings an hour later. They were collected by Roulet. On inspecting them, Dodi chose the very one he had seen in Monte Carlo, apparently at the insistence of Diana.Â There is a possibility that Diana, who was very much aware of her public image and was not comfortable with ostentatious displays of wealth, may have deliberately shown an interest in a less expensive engagement ring. It Â may have been a purely romantic as opposed to a prestigious Â choice for her.
The value of the ring, which was found on a wardrobe shelf in Dodiâs apartment after the crash, Â has been estimated to be between $20,000 and $250,000 as Repossi has always refused to be drawn into revealing how much Dodi paid for it. The sum, which enjoyed a 25 percent discount, was in truth paid for not by Dodi himself but by his father as was the usual practice.
Dodi was also shown Repossiâs sketches for a bracelet, a watch, and earrings which he proposed to create if Diana approved of them.
DIANA AND DODI GUSH OVER IMMINENT NUPTIALS
At about 7 pm, Â Dodi and Diana left the Ritz and headed for Dodiâs apartment at a place known as the Arc de Trompe. They went there to properly tog themselves out for the scheduled evening dinner. They spent two hours at the luxurious apartment. As usual, the ubiquitous paparazzi were patiently waiting for them there.
As they lingered in the apartment, Dodi beckoned over to his butler Rene DelormÂ and showed himÂ the engagement ring. âDodi came into my kitchen,â Delorm relates. âHe looked into the hallway to check that Diana couldnât hear and reached into his pocket and pulled out the box âŚ He said, âRene, Iâm going to propose to the princess tonight. Make sure that we have champagne on ice when we come back from dinnerâ.â Rene described the ring as âa spectacular diamond encrusted ring, a massive emerald surrounded by a cluster of diamonds, set on a yellow and white gold band sitting in a small light-grey velvet boxâ.
Just before 9 pm, Dodi called the brother of his step-father, Hassan Yassen, who also was staying at the Ritz Â that night, and told him that he hoped to get married to Diana by the end of the year.
Later that same evening, both Dodi and Diana would talk to Mohamed Al Fayed, Dodiâs dad, and make known to him their pre-nuptial intentions. âThey called me and said weâre coming backÂ (to London) on Sunday (August 31) and on Monday (September 1) they are
Ramadan is the fasting month for Muslims, where over one billion Muslims throughout the world fast from dawn to sunset, and pray additional prayers at night. It is a time for inner reflection, devotion to Allah, and self-control. It is the ninth month in the Islamic calendar. As you read this Muslims the world over have already begun fasting as the month of Ramadan has commenced (depending on the sighting of the new moon).
âThe month of Ramadan is that in which the Qur’an was revealed as guidance for people, in it are clear signs of guidance and Criterion, therefore whoever of you who witnesses this month, it is obligatory on him to fast it. But whoever is ill or traveling let him fast the same number of other days, God desires ease for you and not hardship, and He desires that you complete the ordained period and glorify God for His guidance to you, that you may be grateful”. Holy Qur’anÂ (2 : 185)
Fasting during Ramadan is one of the five pillars upon which the structure of Islam is built. The other four are: the declaration of oneâs belief in Allahâs oneness and in the message of Muhammad (PBUH); regular attendance to prayer; payment of zakaat (obligatory charity); and the pilgrimage to Mecca.
As explained in an earlier article, fasting includes total abstinence from eating, drinking, smoking, refraining from obscenity, avoiding getting into arguments and including abstaining from marital relations, from sunrise to sunset. While fasting may appear to some as difficult Muslims see it as an opportunity to get closer to their Lord, a chance to develop spiritually and at the same time the act of fasting builds character, discipline and self-restraint.
Just as our cars require servicing at regular intervals, so do Muslims consider Ramadan as a month in which the body and spirit undergoes as it were a âfull serviceâ. This âserviceâ includes heightened spiritual awareness both the mental and physical aspects and also the body undergoing a process of detoxification and some of the organs get to ârestâ through fasting.
Because of the intensive devotional activity fasting, Ramadan has a particularly high importance, derived from its very personal nature as an act of worship but there is nothing to stop anyone from privately violating Allahâs commandment of fasting if one chooses to do so by claiming to be fasting yet eating on the sly. This means that although fasting is obligatory, its observance is purely voluntary. If a person claims to be a Muslim, he is expected to fast in Ramadan.
The reward Allah gives for proper fasting is very generous. Prophet Muhammad (PBUH) quotes Allah as saying: âAll actions done by a human being are his own except fasting, which belongs to Me and I will reward it accordingly.â We are also told by the Prophet Muhammad (PBUH) that the reward for proper fasting is admittance into heaven.
Fasting earns great reward when it is done in a âproperâ manner. This is because every Muslim is required to make his worship perfect. For example perfection of fasting can be achieved through restraint of oneâs feelings and emotions. Prophet Muhammad (PBUH) said that when fasting, a person should not allow himself to be drawn into a quarrel or a slanging match. He teaches us: âOn a day of fasting, let no one of you indulge in any obscenity, or enter into a slanging match. Should someone abuse or fight him, let him respond by saying: âI am fasting!ââ
This high standard of self-restraint fits in well with fasting, which is considered as an act of self-discipline. Islam requires us to couple patience with voluntary abstention from indulgence in our physical desires. The purpose of fasting helps man to attain a high degree of sublimity, discipline and self-restraint. In other words, this standard CAN BE achieved by every Muslim who knows the purpose of fasting and strives to fulfill it.
Fasting has another special aspect. It makes all people share in the feelings of hunger and thirst. In normal circumstances, people with decent income may go from one yearâs end to another without experiencing the pangs of hunger which a poor person may feel every day of his life. Such an experience helps to draw the rich oneâs conscience nearer to needs of the poor. A Muslim is encouraged to be more charitable and learns to give generously for a good cause.
Fasting also has a universal or communal aspect to it. As Muslims throughout the world share in this blessed act of worship, their sense of unity is enhanced by the fact that every Muslim individual joins willingly in the fulfillment of this divine commandment. This is a unity of action and purpose, since they all fast in order to be better human beings. As a person restrains himself from the things he desires most, in the hope that he will earn Allahâs pleasure, self-discipline and sacrifice become part of his nature.
The month of Ramadan can aptly be described as a âseason of worship.â Fasting is the main aspect of worship in this month, because people are more attentive to their prayers, read the Qurâan more frequently and also strive to improve on their inner and outer character. Thus, their devotion is more complete and they feel much happier in Ramadan because they feel themselves to be closer to their Creator.