ICC judges appear close to ruling on Sudan president case
February 3, 2009 (WASHINGTON) — The judges of the Pre-Trial Chamber I at the International Criminal Court (ICC) met today with the prosecutor regarding his application requesting the issuance of an arrest warrant for Sudanese president Omer Hassan Al-Bashir.
Last week the judges issued a decision scheduling a closed hearing with prosecutor Luis Moreno-Ocampo, the court’s Registrar Silvana Arbia along with representatives from the Victims and Witnesses Unit (VWU).
The decision was in response to a notification filed by the prosecutor with the Pre-Trial Chamber I last week. The contents of the notification were not disclosed.
The judges have attached a confidential annex to their decision on the hearing containing the items that were to be discussed today.
The Pre-Trial Chamber I is currently reviewing the charges made against Al-Bashir that include three counts of genocide, five of crimes against humanity and two of murder.
Ocampo have alleged in his application that Al-Bashir masterminded a campaign to get rid of the African tribes in Darfur; Fur, Masalit and Zaghawa.
The ICC judges began reviewing the application in early October after which they requested supporting evidence and written answers to seven questions. The prosecutor submitted more than 700 pages in response to the judges’ query.
The significance of today’s meeting arises from the explicit request by the judges that the VWU be present. In their decision to convene a hearing the Pre-Trial Chamber made reference to Article 68 of the Rome Statute dealing with ‘Protection of the victims and witnesses’.
Before the issuance of an arrest warrant or a summons to appear, the judges are required to ascertain that all measures have been put in place to protect witnesses and victims in connection with the case. In making that determination the Pre-Trial Chamber consults with the prosecution and the VWU on any potential risks in that regard.
“The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses… The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance” the Statute reads.
Many observers have expressed fear of retaliatory measures by Khartoum if an arrest warrant is issued for Bashir. A recent upsurge of fighting between the government and rebels in South Darfur has been linked by some analysts to the awaited decision by the ICC judges.
Yesterday the African Union (AU) called for deferring the move of the ICC against Al-Bashir “to give a greater chance to the peace process”.
However in light of today’s hearing it now appears unlikely that Bashir will be able to escape the issuance of an arrest warrant on at least one of the ten counts contained in the prosecutor’s application.
Furthermore the Pre-Trial Chamber I made no acknowledgement of a filing made in mid-January by two pro-Sudan groups requesting that an arrest warrant not be issued.
The two groups consist of the Sudan Workers Trade Unions Federation (SWTUF) and the Sudan International Defense Group (SIDG).
Two UK lawyers prepared the filing on behalf of the SWTUF and SIDG, Sir Geoffrey Nice and Rodney Dixon.
Sudanese officials while denying link to the two groups, have expressed hope that the motion would slow down the decision of the judges.
Technically the Judges may have already issued a decision under seal to allow time for the prosecutor to notify the UN leadership for the latter to take the necessary measures to protect their staff in Sudan.
Two weeks before the ICC prosecutor presented his case against Al-Bashir, he informed the UN Secretary General Ban Ki-Moon of his plans prompting heightened security measures by the UN missions throughout Sudan.
Yesterday the UN chief who was present at the African Union summit in Addis Ababa warned that Sudan must adhere to any decision made by the ICC.
“He should fully cooperate with the decision of the ICC” Ban told a press conference on the sidelines of the summit.
It remains unclear when a ruling will be made but several UN officials and diplomats speaking to Associated Press today have privately predicted that the court will agree to issue a warrant this month.
The UN Security Council (UNSC) issued resolution 1593 under chapter VII in March 2005 referring the situation in Darfur to the ICC following recommendation a UN commission of inquiry into abuses committed in the war ravaged region.
(ST)
Freedom Fighter
ICC judges appear close to ruling on Sudan president case
I’m keeping my finger crossed for a new day in the Sudan. Helter of Africa, Omer Albashir will be soon behind the doors.
Mr Famous Big_Logic_Boy
ICC judges appear close to ruling on Sudan president case
No matter to the arrest warrant whether it would be issue on a day time or at night. But what am concern about is that, the ICC should make this as quick as possible to give the Southerners and durfurian a clear direction of indcation. Too be specific Bashir is nothing, some people just panic about his arrest, because he had already detented Turabi for the fact that Turabi was telling the truth about crimes. Just to me, the arrest of criminal bashir will be a great point for the untiy and demoracy in Sudan as whole. Supporting him not being charge would be a nice choice for Southerners to follow Pagan Amum idea. Lets see how Gadaffi who is now a head of AU will respond to this and wehther his dream world of United State of Africa would be requiring people like Bashir.
David De Dau
ICC judges appear close to ruling on Sudan president case
I am personally in total support of Ban Ki Moon’s statement that Bashir should cooperate with the ICC’s decision.
Bashir, Turabi is in jail because of you but yours will be worst than his!
Bear in mind “what goes around comes around”. Your days are numbered!
ICC oyeeeeeeeeeeeeeeee!
Deng Khamis
ICC judges appear close to ruling on Sudan president case
I don’t think that if Albashir has gone the CPA will be endangered. It is a trcik made by NCP to compel us to support Albashir against the ICC. The Northern opposition was historically our allies. We fought this regime together. They were in exile with us back in 1990s. Our SPLM leaders need to co-ordinate with them and get enough guarantees that they will be abided by the CPA after the Bashir is ousted. Then to hell with the regime that brought death, destruction, and instability to our country.
lotueng Junub
ICC judges appear close to ruling on Sudan president case
Totally, I don’t agree with those few who are opposed to ICC position and the possible issuance of Arrest warrant against Al Bashir where were these fellows when genocide and atrocities were being being committed in Darfur with brutal impunity by Bashir and his janjaweed Malitias are those not human lives, what is so special with Bashir’s live when he had murdered millon of people both in the South and Darfur in particular.
And to my fellow Southerners who are worried that Al Bashir arrest warrant will jeopardized CPA peace deal is a white lie, as it was catogorically stated during the Peace signing ceremony by our Late leader Dr. John Garnag that ” CPA doesnot belong to Ali Osman Taha, John Garang or to to president Bashir but to the people of Sudan”
Garang has gone and we are still bound by CPA implementation modalities,let Bashir be accountable for his own deeds and CPA will still holds no doubt about that.
Lotueng Junub
Nuer
ICC judges appear close to ruling on Sudan president case
The uneducated ones among southerners wanted Bashir to be indicted now and the educated ones like me say that this is not the right time. I see it this way because I’m a good thinker. Those who think see the reality coming. For instance, people like Bona Malual is against an immediate indictment of Bashir at this time, Wall De against it, Salva Kiir against it, African Union against it, and plus other thinkers. Stupids ones do not see what will happen the same day Bashir’s indictment will be announce; Bashir will declare curfew, military rule in Sudan, throw the consitution into garbage, and be the criminal. Days ahead might be bad days.
Sammy Wadar Lat Daknyaroah
ICC judges appear close to ruling on Sudan president case
Dear Folks,
I totally agreed with all the writers who are advocating for the arrest of Dictator President Beshire. Let us not be short sighted people, the arrest of that man will have negative repercussions to Sudan in general for a certain period of time but will be followed by an ever lasting peace and freedom to Sudanese people specially ourselves in South and our brothers in Western and Eastern of this great Nation. It is upto us to choose an endless sufferings by blocking indictment of Beshir or chose total peace, harmony and co-existence among citizens of Sudan.
The ICC prosecutor Louis and his guys should be very smart enough to take away this man as soon as possible. No one is immune to suffering of other human beings except our brothers from Northern Sudan and their allies around the global.
Long live South Sudan! Long live our leaders! Long live the Unity of the South Sudan people!
God Blessings!
Dinka Aliap Chawul
ICC judges appear close to ruling on Sudan president case
Bashir will soon go but who else will follow him to the Hague(TURABI) the Roman Court as Arabs or Muslims precieves it, so i dont thinks it will happen because court has much Arabs influences than any other countries because they are the majority members there but if it happen that way he should also be questions for the DEATH of DR. JOHN GARANG DE MABIOR and all ATTROCITIES MADE IN SOUTHERN SUDAN DURING 2 DECADES WAR IN THE SOUTH. MY PRAYERS IS THAT LET BASHIR JOIN DR.KERJIC AND THOMAS LUBANGA OF DRC IN THE ROME`.