ICC prosecutor says rebel case likely decided before UNSC briefing

May 12, 2009 (ABU DHABI) – The prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo said that a decision on a case against Darfur rebel commanders could as early as next month.

In an interview with Reuters Ocampo said he hopes that that the Pre-Trial Chamber I issue an indictment for rebel figures accused of masterminding a deadly attack on African Union (AU) peacekeepers in 2007.

The ICC official is due to submit his semi-annual report on the Darfur case to the UN Security Council (UNSC) in June. The UNSC asked the ICC to investigate alleged crimes in Darfur in 2005.

In November 2008 the ICC prosecutor submitted a sealed case against three unidentified rebel commanders believed to be behind raid on the Haskanita military base that left 10 AU soldiers dead and one missing.

The counts against the commanders included war crimes of violence to life, intentionally directing attacks against personnel, installations, material, units or vehicles involved in a peacekeeping mission and pillaging.

Last month documents published on the court’s website the ICC prosecutor made reference to a previously unpublicized request filed on March 27 to ICC judges under Article 58 of the Rome Statute which deals with arrest warrants and summons to appear.

The Pre-Trial chamber I has rejected several requests by the prosecutor for quick decision on the rebels’ case saying the case is too complex and requires further analysis.

Ocampo argued that there are real prospects to have the suspects appear voluntarily before court causing him to ask the judges to issue a summons to appear rather than an arrest warrant.

On the case against Sudanese president Omer Hassan Al-Bashir, the ICC prosecutor said he is confident the three counts of genocide that were dropped by the majority of the Pre-Trial Chamber I when they issued the arrest warrant for the Sudanese president.

The ICC prosecutor filed an appeal in March saying that the judges applied a higher threshold of standards when reviewing the evidence for genocide charges, more than required under the Rome Statute.

He did not say when a ruling on the appeal is expected.

Sudan does not recognize the jurisdiction of the court saying it has not ratified the Rome Statute. Two other suspects remain at large and Khartoum has refused to extradite them.

(ST)