[This is not the first effort at bringing imperialist “human rights” law against imperialists and the imperialist machinery, and once again it will fail, undoubtedly. But it does have the educational benefit of highlighting the hypocritical “exemption” which bourgeois law grants the international bourgeoisie as a class. Furthermore, the protest campaign against US imperialist foreign policy, while signed onto by the South African neo-colonial (some say sub-imperialist) Tripartite Alliance ruling class, is more a “faux anti-imperialist” fig leaf and a bid for mass confusion and nationalist credibility, than a genuine call to action. It invokes the popular hatred of imperialism, but only for self-serving “populist” ends. See the announcement of the South “ to Protest USA Foreign Policy” during the visit of President Barak Obama, below. — Frontlines ed.]
“The complaint, dubbed the “Obama Docket” encourages South Africa to take seriously its domestic and international obligations and to act against International War Criminals lest they consider South Africa a safe haven and travel here freely with impunity.
In terms of the ICC Act, diplomatic immunity is not a defence and a Head of State is not immune from prosecution for the aforementioned crimes. The Complaint asks for Obama’s arrest when he enters South Africa or the securing of his attendance at a trial by other lawful means.
In the alternative, the complaint requires South Africa as a State Party to the Rome Statute, to refer the case to the Prosecutor of the International Criminal Court at the Hague to exercise Jurisdiction in terms of the Rome Statute.
The Obama administration’s Drone programme which has resulted in massive losses of innocent lives in Pakistan, Yemen and Afghanistan. The programme is responsible for extra-judicial killings both innocent civilians as well as US citizens abroad. The drone strike policy has continued unabated with total disregard for territorial sovereignty and this is cited as the primary reason that Obama should be investigated and tried for War Crimes, crimes against humanity and genocide.
The large number of well documented civilian deaths are said to constitute international crimes and the complaint refers to numerous International Reports which have documented evidence on the USA drone policies. Other crimes cited include extra judicial renditions and torture.” Continue reading