ICC inches closer towards issuing arrest warrants against Darfur suspects

By Wasil Ali

April 28, 2007 (WASHINGTON) — The chief prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo, sent a letter last week to the Sudanese government inquiring about the prospects of voluntarily handing two suspects in the Darfur war crimes. Media Reports from Khartoum indicated that Ocampo asked the government for a response by today.

The Chief Prosecutor of the ICC had announced late February that he filed charges of war crimes and crimes against humanity against Ahmed Mohamed Harun the Sudanese state minister for Humanitarian Affairs and Janjaweed militia leader Ali Kosheib.

In the letter Ocampo said that he was aware of statements made by Harun in which he said he was prepared to surrender himself to the ICC should his government asks him to. Accordingly Ocampo asked if Khartoum will allow the suspects to report to the ICC judges under a summons to appear or else face an arrest warrant.

The Sudanese justice Minster Mohamed Ali Al-Mardi confirmed the receipt of the letter through the Sudanese embassy in the Netherlands. Al-Mardi reiterated Sudan’s position of refusing to extradite any suspects to be tried before the ICC. It was not clear whether Khartoum responded to Ocampo’s letter affirming its position or simply ignored it as some reports have indicated.

The letter sent by the ICC’s chief prosecutor could signal his intention to amend the application he filed before the judges of Pre-Trial Chamber I looking into the Darfur case. Ocampo has originally requested that the judges issue a summons to appear against the two suspects instead of an arrest warrant. The prosecutor however, has to demonstrate to the judges that a summons to appear will ensure the suspects appearance before the court. It is expected that the judges will issue a decision on the matter very soon.

If Sudan fails to comply with a summons to appear order issued by the ICC judges on a specified date an arrest warrant is issued for the named suspects. The arrest warrant will then be transmitted to the states that are parties to the Rome Statue and to the International Criminal Police Organization (Interpol) to execute. It is also expected that the UN Security Council would address Sudan’s failure to cooperate with the ICC as spelled out in resolution 1593 referring the situation in Darfur to the ICC.

Sudan has not ratified the Rome Statue, but the UN Security Council triggered the provisions under the Statue that enables it to refer situations in non-State parties to the world court if it deems that it is a threat to international peace and security.

(ST)