Lusaka law firm reports HH and GBM to The Hague
GBM with HH
A Lusaka law firm has written to the International Criminal Court (ICC) requesting them to cite United Party for National Development (UPND) President Hakainde Hichilema and party Vice President Geofrey Mwamba for alleged crimes against humanity.
Lewis Nathan Advocates, with Liaison Offices in Dubai, Johannesburg and Cape Town has written to the ICC on behalf of some Zambians who are alleged victims of attacks in Southern, Western and Northwestern provinces, which are considered as strongholds of the UPND.
According to a letter seen by Zambian Eye, the law firm has alleged that there is a reasonable basis to believe that Hichilema and Mwamba have committed, aided and abetted, ordered or incited crimes of torture and persecution and damage to public and private properties of non Tonga and Lozi people.
Lewis Nathan Advocates has argued that the ICC has a mandate to handle the the allegations of crime against humanity allegedly by Hichilema and Mwamba because Zambia is a state party to the Rome Statute of the ICC.
Below is the full document
COMPLAINT FINALLY FILED TO THE INTERNATIONAL COURT OF JUSTICE (ICC) AGAINST HAKAINDE HICHILEMA & GEOFFREY MWAMBA FOR CRIMES AGAINST HUMANITY
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Lewis Nathan Advocates
Lusaka Zambia
International Criminal Court
Communication to the Office of Prosecutor Under Article 15 of the Rome Statute of the International Criminal Court
__________________________________________________________________
The Commission of Crimes Against Humanity in Zambia by Mr. Hakainde Hichilema, Mr Geoffrey Bwalya Mwamba and the United Party for National Development (UPND) Members from 11 May 2016 to Present.
______________________________________________________________
Filed this 25th day of August 2016 at The Hague;
International Criminal Court Office of the Prosecutor
P.O Box 19519
2500 CM The Hague
Netherlands
Fax: +31 70 515 8555
Email: otp.informationdesk@icc-cpi.int
Filed by:
Lewis Nathan Advocates
Attorneys, Solicitors, Barristers, Consultants, Notaries in Zambia.
758 Independence Avenue
P.O Box 37268
Woodlands 10101
LUSAKA, ZAMBIA
Telefax: +260 262 009
Email: info@lewisnathan.com
ADVOCATES IN ZAMBIA FOR THE VICTIMS
Table of Content
1. Background Introduction
2. Crimes Against Humanity Committed by HH and GBM
2.1 Specific Crimes Committed
2.2 Factual Information for Investigation by ICC
3. Mandate of ICC and Jurisdiction
4. Request
The Commission of Crimes Against Humanity in Zambia by Mr. Hakainde Hichilema, Mr Geoffrey Bwalya Mwamba and the United Party for National Development (UPND) Members from 11 May 2016 to Present.
___________________________________________________
1. BACKGROUND INTRODUCTION
1.1 This Article 15 Communication notifies the Office of the Prosecutor (‘OTP’) of the International Criminal Court (‘ICC’) of the crimes against humanity committed against innocent Zambian civilians by Mr. Hakainde Hichilema (‘HH’) and Mr. Geoffrey Bwalya Mwamba (‘GBM’), the top two leaders of the United Party for National Development (UPND), an opposition political party which has been in opposition for 17 years since its inception in the year 1999 in the Republic of Zambia.
1.2 The Communication herein is notified and filed to the OTP of the ICC on behalf of a group of individual and independent Zambian victims (“Filing Victims”) which has instructed Lewis Nathan Advocates in Lusaka, Zambia, to file this Communication before the ICC on their behalf and assist them to identify Counsel in Europe for immediate appointment to conduct the prosecution. We have since identified three (3) law firms in Europe for appointment who will be placing themselves on record following this Communication for further proceedings as your OTP commences its initial review and investigations.
1.3 For the past five (5) consecutive times in the Republic of Zambia, UPND Party has been without success contesting Presidential Elections using the same candidate against different opponents. On the 11th August 2016 the Republic of Zambia conducted Presidential Elections in accordance with the Zambian Constitution. Under this Constitution one cannot become Republican President unless he/shebobtains more than 50% of valid votes cast. HH has been the same UPND Party Presidential Candidate for the past five consecutive instances, and in the 2016 presidential elections he appointed GBM as his Running Mate.
1.4 On 15 August 2016 the Electoral Commission of Zambia (ECZ) a statutory body established by the Zambian Parliament to conduct and manage the electoral processes in Zambia declared the incumbent President Mr. Edgar Chagwa Lungu as winner having obtained more than 50% of the valid votes cast.
1.5 Following such declaration and inclusive of the period during the run-up for elections, HH and GBM using their UPND Party members have committed various crimes against humanity against Zambian citizens who are not of Tonga or Lozi tribes of Zambia.
2. CRIMES AGAINST HUMANITY COMMITTED BY HH, GBM AND UPND
PARTY MEMBERS.
There is a reasonable basis to believe that HH and GBM have committed, aided and abetted, ordered and /or incited the crimes of murder, torture, persecutions, abductions and damage to public and private property of innocent Zambian citizens who do not belong to the Tonga and Lozi tribes of Zambia and who are geographically domiciled in UPND Party strong-hold areas of Southern, Western and North Western provinces of Zambia. These crimes form part of a widespread and systematic attack against Zambian citizens who are not of Tonga or Lozi tribes in the Republic of Zambia.
2.1 Specific Crimes Committed against Humanity
2.1.1 Murder -Article 7(1) (a) of the ICC Rome Statute;
2.1.2 Persecutions against Non-Tonga and Non Lozi tribes of Zambia residing in Southern, Western and North-Western Provinces of the Republic of Zambia
– Article 7(1)(h) of the ICC Rome Statute;
2.1.3 Other in-human acts of similar character intentionally causing great
suffering or serious injury to body or mental or physical health including
serious damage to public and private property – Article 7(1)(k) of the ICC
Rome Statute.
2.2 Factual Information
2.2.1 The above crimes against humanity by HH, GBM and UPND party
members have been committed in Southern, Western and North-Western
Provinces of Zambia leading to loss of lives, destruction of government
property as well as property belonging to those private persons perceived to be non-Tonga and non-Lozi tribes who are also perceived to be non-UPND party members.
2.2.2 This Communication to OTP is based on clear and conspicuous evidence through audio, video and other electronic media including print so far collected by local and international organisations to show that HH, GBM and UPND party members have committed crimes against humanity to innocent Zambians who are non- Tonga and non- Lozi tribes of Zambia.
3. MANDATE OF THE INTERNATIONAL CRIMINAL COURT
3.1 Zambia is a state party to the Rome Statute of the International Criminal Court (ICC).
3.2 The Rome Statute obliges the ICC and the Prosecutor to investigate, if appropriate, prosecute crimes arising from the activities of private persons, such as, in this case HH, GBM and UPND party members.
3.3 Additionally the conduct concerned is of sufficient gravity to warrant the attention of the ICC and in particular, the Prosecutor. The number of innocent Zambians killed, displaced, tortured and whose property has been destroyed provide prima facie evidence that grave offences within the jurisdiction of the ICC have been committed.
3.4 There are strong grounds for asserting that the ICC is the only available means of redress for the Filing Victims and their families. There are national investigative or prosecutorial authorities willing to investigate or prosecute the crimes against humanity committed by HH, GBM and UPND party members but any of such investigation or prosecution would be tagged or labelled as ‘politically motivated investigation or prosecution’ by the same HH, GBM and UPND party members.
4. REQUEST
4.1 We as Advocates/Attorneys for the Filing Victims are specifically instructed interested to file this Communication before the ICC on their behalf and assist them to identify Counsel in Europe for immediate appointment to conduct the prosecution. We have since identified 3 law firms in Europe for appointment who will be placing themselves on record following this Communication for further proceedings in this matter as your OTP commences its initial review and investigations.
4.2 We request the OTP to consider this Communication according to ICC obligations under Article 15 of the ICC Rome Statute with a view to initiating an investigation pursuant to Article 53 of the ICC Rome Statute on the basis that:
4.2.1 Evidence and a reasonable basis to believe that crimes within the
jurisdiction of the ICC have been committed;
4.2.2 The case is admissible under Article 17 of the ICC Rome Statute; and
4.2.3 Taking into account the gravity of the crimes and interest of Filing Victims, there are no substantial reasons to believe that an investigation would not serve the interest of justice.