10 Jul 2023

 Justice minister, Mr Machana Shamukuni Machana has tabled a bill to ensure that the country conforms and implements its obligations as set out under the Rome Statute of the International Criminal Court (ICC).

The Serious Crimes of International Concern of 2023 was tabled last week in Parliament. Mr Shamukuni said that the Botswana had rectified the statute in 2000.

He said the Rome Statute provided for the prosecution of core international crimes, which were genocide, crimes against humanity, war crimes and crime of aggression, adding that the bill sought to criminalise them.

Mr Shamukuni also said the bill included a provision dealing with conspiracy, which provided that a person who conspired in Botswana to commit an offence, in or outside the country, or who conspired to commit an offence was liable to the same penalty of the actual offence.

He said the bill also dealt with jurisdiction which allowed for proceedings to be instituted against a person under certain circumstances where an act constituting an offence under the bill was committed by any person outside the territory of Botswana.

Furthermore, Mr Shamukuni told Parliament that the bill aimed to repeal and replace with amendments the Rome Statues of the International Criminal Court Act of 2017 which could not be implemented due to constitutional and legal implications.

Palapye MP, Mr Onneetse Ramogapi supported the bill, but expressed reservation over the ICC. He said its laws seemed to target African countries only.

Notwithstanding that, he said the bill aimed to protect against crime of humanity, hence it was for a good cause.

Mr Ramogapi further called on the sensitisation of organs such as the army and the police so that they guard against committing crimes against humanity.
Good Hope/Mabule MP, Mr Eric Molale said there were incidents around the world which warranted the country to stand against such crimes.

He said although membership to ICC was voluntary, Botswana had long taken the decision to be a member. He added that it showed the country’s commitment to upholding human rights.

Vice President and Boteti West MP, Mr Slumber Tsogwane said the country should be thankful for the vision of its forefathers who took the decision to be part of the ICC.

He said observations by some that the ICC was targeting certain countries did not warrant the country to ignore the court, but that it should call for equal treatment.

Mr Tsogwane said as a country anchored on the rule of law, Botswana supported the ICC in its endeavour to protect humans against international crimes. However, he said Botswana did not agree with some of the provisions which contravened the country’s constitution.

Ngami legislator, Mr Caterpillar Hikuama said he supported the bill, saying all countries should stand up against international crimes.

Mr Hikuama said there were people in Botswana who were victims of genocide, crimes against humanity and crime of aggression.  He said such people should be assisted. ENDS