ICC says arrest of Darfur suspects is responsibility of states
June 16, 2008 (WASHINGTON) – The International Criminal Court (ICC) said today that the responsibility for arresting Darfur war crimes suspects lies with the states.
“The ICC does not have a police force to execute arrest warrants. We rely on countries to help us on that” an ICC official told Sudan Tribune on condition of anonymity.
The disclosure of the arrest attempt angered the Sudanese government which described Ocampo as a “terrorist” and demanded that he be removed from office.
Sudan’s envoy to the UN Abdel-Haleem Abdel-Mahmood todl Reuters that it was especially infuriating that other countries were willing to help the ICC in the failed operation.
Some legal experts including Hadi Shalluf, an ICC registered counsel, questioned the legality of the plane diversion and condemned the countries involved.
Ocampo said that Saudi Arabia was made aware of the plan to arrest Haroun.
The official declined to the name the countries involved, but added that states attempting to arrest ICC suspects “are expected to conduct arrest operations legitimately and legally in a manner compatible with international law and compatible with support for an independent, judicial institution”.
The statements by the ICC official suggest that the countries involved were the ones who determined that diverting the plane was the ideal way to nab the Sudanese minister.
The judges of the ICC issued their first arrest warrants for suspects accused of war crimes in Sudan’s Darfur region a year ago.
The warrants were issued for Ahmed Haroun, state minister for humanitarian affairs, and militia commander Ali Mohamed Ali Abdel-Rahman, also know as Ali Kushayb. Sudan has so far rejected handing over the two suspects.
Sudan has not ratified the Rome Statue, but the UN Security Council (UNSC) invoked 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)