ICC prosecutor to inform UNSC of Sudan’s non-cooperation

October 8, 2007 (THE HAGUE) — The Chief prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo will formally tell the UN Security Council (UNSC) that Sudan is not cooperating with his office in his next report due in December.

Prosecutor Luis Moreno-Ocampo who was speaking to reporters at the ICC headquarters in the Hague, said that Sudan has officially refused to hand over the two suspects accused of war crimes in the troubled western region of Darfur.

The judges of the ICC issued their first arrest warrants for suspects accused of war crimes in Sudan’s Darfur region in early May.

The warrants were issued for Ahmed Haroun, state minister for humanitarian affairs, and militia commander Ali Kushayb. Sudan has so far rejected handing over the two suspects.

The warrant for Haroun lists 42 counts including murder, torture and persecution, while the warrant for Kushayb lists 50 counts including murder and intentionally attacking civilians.

Sudan’s foreign minister Lam Akol has announced last week in New York the release of Kushayb from jail due to “lack of evidence” against him.

Human Rights Watch (HRW) said the move “demonstrates Khartoum’s blatant disregard for the Security Council resolution requiring cooperation with the court”.

Last month Sudan appointed the second war crime suspect, Ahmed Haroun, as head of a committee investigating human rights complaints in Darfur.

Whether the ICC can secure UNSC support given the cool mood towards the issue of justice in Darfur, Ocampo said that the “law must be respected”.

The prosecutor said that at this point the UNSC has no authority to withdraw the case from 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)