Wrirtes Leo Odera Omolo.
THE International Criminal Court (ICC) has been accused of failure to pay $6.565m for setting up its operations in Uganda, a situation that could dent its credibility.
DNA Cable and Sylcon Travel Bureau, two private sister companies, claim that the Hague-based Court was in 2007 presented with a joint claim for $888.203 but has been “unwilling or unable to pay up to date.”
However, the amount accrued to $6,565,588 due to interest calculated over the 42-month of non-payment at 5% per month from January 2007 to date.
“This came about from four areas of claim (including) compensation for business damages, compensation for deliberate repeated breach of contract, payment not received for goods and services consumed by the ICC and professional fees for lawyers and financial experts,” Joseph Ossiya, the firms’ managing director disclosed.
The ICC, governed by the Rome Statute, was established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.
Ossiya said the Court required and depended on a lot of “guidance from these companies” to set up their operations base and systems in Kampala.”
He explained that intervention from the foreign affairs ministry to resolve the matter failed.
“This process reached the decision for the ICC to provide a financial expert to immediately convene with my financial principals to establish the compensation for my companies,” Ossiya recalled.
“We were all duped by the senior legal adviser of the ICC when he agreed and promised in writing on March 28, 2007 to make payments within 30 days of confirming the extent of their liability.”
Eunice Kigenyi, the then acting permanent secretary in the foreign affairs ministry, confirmed the development.
“It was agreed that ICC and DNA each point out a financial expert to scrutinise and set the interest rates on the compensation for delayed payments, rental charges for the partitions, and penalty for the breach of contract,” she said in a letter dated April 10, 2007.
“ICC pays a sum of $92,000 and two months rent into neutral account which will only be paid out after the matter is resolved and ICC may leave the building after it has met condition (its debt obligations).” In response to Kigenyi’s letter, Phakiso Mochochoko, the ICC’s legal adviser, rejected the demands.
“It will not be possible for the ICC to make the payment of $92,000 into a neutral account in accordance with your proposal as this would be in violation of ICC financial regulations and rules,” he pointed out.
“It is important to note that a publicly-funded organisation, the ICC is accountable to the assembly of state parties in the use of its funds and any violations of the financial regulations and rules could have serious consequences such as disciplinary action including recovery of the monies from staff member and could also result in budget cuts.”
Mochochoko stated that “without supporting evidence that payment is in respect of goods and/or services delivered/rendered, the finance section is unable to authorise payment.”
Ossiya claims his companies have suffered massive business and reputation damage “because of the egotism of the ICC.”
“Three years on and counting, it is now unquestionably imprudent to trust that the ICC retains sufficient goodwill or moral marrow to resolve this issue without external pressure,” Ossiya said.
Ends