Malawians Seek International Prosecution of President

Civil society organizations in Malawi are seeking charges against Malawi President Bingu wa Mutharika for crimes against humanity at the International Criminal Court (ICC). The president, among others, is accused of being responsible for “the death of 18 people and serious wounding of hundreds of unarmed innocent people” by police forces during a crackdown on an anti-government demonstration last month.

“We strongly submit that the arbitrary killing of the 18 unarmed demonstrators at the hands of the police is an indication of the unacceptable failure and negligence in our police system,” reads a joint statement, issued on Aug. 1, by Malawian civil society organizations.

In an attempt to prevent demonstrations by intimidating protesters, youth cadres of the ruling Democratic Progressive Party (DPP) were seen publicly brandishing machetes in the city of Blantyre—or Mandala, Malawi’s financial center—the day before the demonstrations were scheduled.

The nationwide demonstrations were organized by a coalition of nearly 80 civil society organizations and religious and student groups to protest economic mismanagement, fuel shortages, a shortage of foreign exchange, power outages, and rising unemployment.

The demonstrations in three main Malawi cities, Lilongwe, Blantyre, and Mzuzu, turned to bloodshed when the police started using tear gas and lethal force on the protesters.

“The protests and riots of July 20, are fundamentally about governance and development; the enduring desire among Malawians for the establishment of a sustainable democratic developmental state. It underscores the fact that economic growth without development is not enough. ... President Mutharika embodies the contradictions of Malawi’s political system and the crassness of Malawi’s political class,” wrote Paul Tiyambe Zeleza, a Malawian scholar and commentator in the Zaleza Post newspaper.

Besides President Mutharika and Police Inspector Gen. Peter Mukhitho, the civil society coalition is also seeking the prosecution of Home Affairs and Internal Security Minister Aaron Sangala.

The ICC is the world’s only permanent tribunal that tries those accused of the most serious crimes, such as genocide, crimes against humanity, and war crimes.

The court is governed by the Rome Statute, which was drafted and signed in 1998, supported by 120 states, resulting in the foundation of the International Criminal Court. As of today, 139 states have signed the statute, and 116 states have ratified it, including Malawi.