Dr. David Matsanga Opposes ICC Putin Arrest Warrant

Uganda Today: On May 24, 2023, renowned Pan African Dr. David Nyekorach Matsanga found time to openly oppose the arrest warrant imposed on president Vladimir Putin by International Criminal Court (ICC). Below is the letter and his attendant reasons.

24th May 2023.
The Chief Prosecutor
International Criminal Court
The Hague
Netherlands

Dear Chief Prosecutor,

RE: President Putin’s Warrant of Arrest a Threat to Regional, global peace

Mr. Chief Prosecutor Greetings of Peace,

Mr. Chief Prosecutor, I am writing this letter to alert you of your obnoxious warrant of Arrest against one party in a conflict between Ukraine / Russia. This is a pattern that ICC has used in all cases it has handled since its inception.

Mr. Chief Prosecutor, I am not a communist neither a capitalist. As a non-aligned Pan-African who seeks peace, I must state that the world is staring at a World War that could be sparked by your obnoxious, flawed warrant of arrest that was issued early this year on Russian leadership.

Mr. Chief Prosecutor, I have attached the United Nations Charter, Chapter VII: Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression

Article 39

The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

Article 40

In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable.

Mr. Chief Prosecutor, such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.

Mr. Chief Prosecutor the above explains what can trigger war. I must state here that I was in Rome at the Hall in 1998 at the inception of the Rome Statute. I can call myself a defender of Peace and a Public defender of Peace.

Furthermore, I can state that my past engagements with ICC in the Kenyan and Africa plus many other correspondences to the ICC regarding African cases speak volumes.

Mr. Chief Prosecutor, the truth is that I exposed ICC mafia tactics of how they flawed its own investigations, indictments, its own procedure, how ICC bought witnesses, and how corruption destroyed the credibility of the altar of International Justice.

Mr. Chief Prosecutor, I would like to give notice to the OTP that I intend to serve you personally with a petition through the Appeal Chamber V of the ICC with my objective to the procedure that was followed in the issuance of arrest warrants.

Mr. Chief Prosecutor depending on the information that you provide in reply from you on how, when and why you decided to apply to the ICC Pre-Trial Chamber to issue a warrant of arrest for Russians and not Ukrainians.

Mr. Chief Prosecutor, I will decide as to whether to proceed and present to the President of the ICC and Appeal Chamber V asking them to determine whether you erred in the indictment and issuance of Arrest Warrants against President Putin of Russia & Others.

Mr. Chief Prosecutor, I want to tell you and others that I don’t support Russia’s invasion of Ukraine neither do I support NATO’s invasion of Russia via Ukraine. I am not a Communist neither a Capitalist but a world peacemaker. ICC was not created to take sides on matters of international law but the dispense international Justice.

Mr. Chief Prosecutor, on this matter my understanding of the Rome Statute and the procedure is that you might have overlooked Article 13 (b) or acted under political pressure from the USA and other States because there is no evidence to show that the right procedure was followed. Therefore, it nullifies and voids arrest warrants that were issued against President Putin & Others.

Mr. Chief Prosecutor, in all your cases (situations) in Arica and elsewhere that are before the court there is one simple factor or one common denominator where OTP always indicts ONE SIDE of the Conflict or war.

Mr. Chief Prosecutor, I cite the 1998 Rome Statute of the International Criminal Court which states in

Article 13(b)

Exercise of jurisdiction

The Court may exercise its jurisdiction with respect to a crime referred to in Article 5 in accordance with the provisions of this Statute if:

(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or

Article 15

Article 15 (1) (2) (3) (5) (6) (8) (9) (10)-(1,2,3,4,5)

Exercise of jurisdiction over the crime of aggression (State referral, proprio motu)

1. The Court may exercise jurisdiction over the crime of aggression in accordance with Article 13, paragraphs (a) and (c), subject to the provisions of this article.

2. The Court may exercise jurisdiction only with respect to crimes of aggression committed one year after the ratification or acceptance of the amendments by thirty States Parties.

3. The Court shall exercise jurisdiction over the crime of aggression in accordance with this article, subject to a decision to be taken after 1 January 2017 by the same majority of States Parties as is required for the adoption of an amendment to the Statute.

5. In respect of a State that is not a party to this Statute, the Court shall not exercise its jurisdiction over the crime of aggression when committed by that State’s nationals or on its territory.

6. Where the Prosecutor concludes that there is a reasonable basis to proceed with an investigation in respect of a crime of aggression, he or she shall first ascertain whether the Security Council has made a determination of an act of aggression committed by the State concerned. The Prosecutor shall notify the United Nations Secretary-General of the situation before the Court, including any relevant information and documents.

7. Where the Security Council has made such a determination, the Prosecutor may proceed with the investigation in respect of a crime of aggression.

8. Where no such determination is made within six months after the date of notification, the Prosecutor may proceed with the investigation in respect of a crime of aggression, provided that the Pre-Trial Division has authorized the commencement of the investigation in respect of a crime of aggression in accordance with the procedure contained in article 15, and the Security Council has not decided otherwise in accordance with article16.

9. A determination of an act of aggression by an organ outside the Court shall be without prejudice to the Court’s own findings under this Statute.

10. This article is without prejudice to the provisions relating to the exercise of jurisdiction with respect to other crimes referred to in Article 5. Article 15 ter6
Exercise of jurisdiction over the crime of aggression (Security Council referral)

1. The Court may exercise jurisdiction over the crime of aggression in accordance with Article 13, paragraph (b), subject to the provisions of this article.
2. The Court may exercise jurisdiction only with respect to crimes of aggression committed one year after the ratification or acceptance of the amendments by thirty States Parties.

3. The Court shall exercise jurisdiction over the crime of aggression in accordance with this article, subject to a decision to be taken after 1 January 2017 by the same majority of States Parties as is required for the adoption of an amendment to the Statute.

4. A determination of an act of aggression by an organ outside the Court shall be without prejudice to the Court’s own findings under this Statute.

5. This article is without prejudice to the provisions relating to the exercise of jurisdiction with respect. Let the courts decide.

Mr. Chief Prosecutor, based on my vast experience on the question of international politics, international law and the workings of the International Criminal Court (ICC), I am aware that the court does not only deal with criminal cases of the nature provided in the statute but also handles its business based on the geopolitics of the day.

Mr. Chief Prosecutor, this request for clarity and written evidence of letters and replies from the UN Secretary-General on the above matter of Russia will enable me to go a step higher in finding out as whether you acted on political pressure or simply acted on mob hysteria style that killed Jesus some 2000 years ago. This does not erase the fact that innocent people have died on both sides of the WAR.

Mr. Chief Prosecutor, I quote your own words between 17 March 2023
Updated 18 March 2023

“Khan pointed out that no one thought Slobodan Milosevic, the Serbian leader who went on trial for war crimes in Croatia, Bosnia and Kosovo, would end up in The Hague.” Those that feel that you can commit a crime in the daytime, and sleep well at night, should perhaps look at history,” you said after indicting the Russian President.

Mr. Chief Prosecutor, the materials and evidence of your correspondence to and from the UNSC on the matter of authorization to investigate a non-state party states like Russia that will help me to address some of the salient features of the geopolitics and the dangers that could trigger a third world war.

Mr. Chief Prosecutor by your failure to inform the public interest that I represent about the reasons and the decisions of your office and the actions taken by you to achieve the same will also form the discussion as to whether a lawful procedure of the Rome Statute was followed in the indictment of President Putin.

Mr. Chief Prosecutor, from the very outset, I want to make an observation that the decision by you the Chief Prosecutor of ICC Mr. Karim Khan to indict President Putin of Russia has Grave political and great threats to Regional and International Peace under Chapter VII of United Nations Charter. This could trigger a third world war.

Mr. Chief Prosecutor my request is not purely academic but very historical to Stop a third world war that could kill more people than any other war. My request is to enable me to decide as to whether there was political instigation by the USA which is a non-state party to the Rome State party to the ICC Rome Treaty of 1998.

Finally, Mr. Chief Prosecutor, my letter and my next week’s filing will be to serve humanity. I condemn the slaughter of any human by any forces on earth. I believe you will furnish me with all details of the steps you took to prevent further escalation with your warrants of arrest. Also, indicate to the world any country where Warrants of Arrest have been effective in stopping war.

Thank you Sir,

I remain yours sincerely,

Dr. David Nyekorach -Matsanga,

Chairman Pan African Forum (UK) Ltd.