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ICC prosecutor said Sudan wanted guarantees before handing over two Darfur suspects

July 23, 2008 (WASHINGTON) — The prosecutor of the International Criminal Court (ICC) revealed today in an interview with the ‘Time’ magazine that the Sudanese government sent an envoy to inquire about how far up the chain command he is willing to go.

International Criminal Court (ICC) Prosecutor Luis Moreno-Ocampo speaks beside assistant prosecutor Fatou Bensouda (R) during a news conference in the Hague July 14, 2008 (Reuters)
International Criminal Court (ICC) Prosecutor Luis Moreno-Ocampo speaks beside assistant prosecutor Fatou Bensouda (R) during a news conference in the Hague July 14, 2008 (Reuters)
The unidentified Sudanese envoy asked Ocampo if handing over Haroun would stop investigations of people above him.

“Suppose Haroun comes to The Hague and says he was only following instructions do you have to investigate the person who gave the instructions?” Ocampo disclosed the dialogue between him and the Sudanese envoy.

Last month a senior Sudanese official told Sudan Tribune on condition of anonymity that the leadership of the ruling National Congress Party (NCP) “is getting very nervous over the upcoming announcement by the ICC of new suspects”.

He said that the NCP is considering handing over two Darfur suspects Haroun and Kushayb to the ICC “as a protection from further indictments”.

The senior official said that the NCP held an unpublicized meeting recently that included the Sudanese president Omar Hassan Al-Bashir, 2nd Vice President Ali Osman Taha, presidential adviser Mustafa Ismail and state minister for foreign affairs Ali Karti among others.

According to the official, Karti made a presentation to the NCP leadership in which he outlined the “difficult position” the government will be in if senior officials are charged by the world court of war crimes.

Karti recommended that Haroun and Kushayb being extradited to the Hague “as a protection from further indictments” the official said.

Al-Bashir appeared to be in agreement with the proposal, the official said, as well as others who were present but that Vice President Taha staunchly opposed it “on the grounds of preserving Sudan’s sovereignty”.

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

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.

The ICC prosecutor told the magazine he believed Sudan was worried that Haroun may say he received instructions from the Sudanese president Omar Hassan Al-Bashir.

The ICC’s prosecutor Luis Moreno-Ocampo asked pre-trial judges last week to issue arrest warrants for Sudanese president Omar Hassan Al-Bashir.

Ocampo filed 10 charges: three counts of genocide, five of crimes against humanity and two of murder. Judges are expected to take months to study the evidence before deciding whether to order Al-Bashir’s arrest.

The Argentinean born lawyer also said that he was warned by diplomats before July 14th announcement that he would be “responsible for a bloodbath” if he goes after Sudan president.

Ocampo criticized the international community for ignoring the outstanding arrest warrants against Haroun and Kushayb.

He named the former special US envoy Andrew Natsios as one diplomat who was assuring Khartoum that they are safe from the ICC.

“Don’t worry about the prosecutor. Just accept the peacekeepers and nothing will happen” Ocampo quoted UN & US officials as telling Khartoum.

In late June Natsios warned that the upcoming indictments by the International Criminal Court (ICC) on Darfur pose a threat to the stability of Sudan.

Natsios disclosed for the first time that he held a recent meeting with Ocampo.

“I spent a day with Mr. Ocampo. I will not tell you where but with other mediators from other conflicts. This was after I left office” the former US diplomat said.

Natsios said that during his discussions with the ICC prosecutor he explained to Ocampo the negative impact of pursuing senior Sudanese officials on the peace process.

However the ICC prosecutor did not agree with Natsios’s arguments.

“The view of the ICC tribunal is that they don’t care. They said we are not interested in diplomacy of this. It is none of our business. They said all we care about is that there should be no impunity” Natsios said.

The US envoy said that the ICC indictments has and will complicate matters in the cases it is handling.

“My view then and it is now; the first priority is a peaceful settlement of this so we don’t have another catastrophe. The notion that we are going to kill 300,000 or 400,000 in order to get someone indicted, who will never get indicted anyway. They are not going to go on trial. It is crazy, it doesn’t make any sense for the Sudanese people” Natsios added.

Ocampo also gave a story of an invitation he received from France when it organized a meeting of 18 foreign ministers from around the world to discuss the Darfur crisis at the UN.

The French came back and told him that the invitation was sent to him “by mistake” and that he was being “disinvited”.

Another ICC official revealed that South Africa, one of Sudan’s allies, in a closed session of the UN Security Council (UNSC) following a briefing by Ocampo “criticized Sudan and the Security Council’s acquiescence to Khartoum”.

South African criticized the move to indict Al-Bashir and questioned who would arrest him.

“This action will take months but even if it is granted, what happens?” South African deputy foreign minister Aziz Pahad told reporters this month.

“You can’t arrest Beshir. Who’s going to arrest him?”he added.

Sudan has not ratified the Rome Statue, but the 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.

The United Nations has said 300,000 people have died and more than 2.2 million been displaced. Khartoum puts the number of dead at 10,000.

(ST)

9 Comments

  • Deng Akol Agut-tungdoun
    Deng Akol Agut-tungdoun

    ICC prosecutor said Sudan wanted guarantees before handing over two Darfur suspects
    No guarantees mr Luis Ocampo!.

    Khartoum regime is ever nut in the head. Ocampo you better follow your heart then asking Bashir for the above. He was in Nyala and Alfasha yesterday and said nothing apart from acusing France and America as the masters behind your acusations.

    Haroun or Kusayb are not goiung to Hague neither will they face any trial in Sudan. Acording to Bashir’s yesterday speeches, the above two criminal are as clean as Bashir!. Do you see this?. So how do you expects something good to come out of Khartoum?.

    Please Mr. Ocampo Dafurians needs justice this time more than food and medicine. You better hurry this process. Arabs leagues, AU, China and Russia are only buying time and shall do nothing after you suspended the acusation. You better keeps that in mind.

    Be bless.

    Deng Akol Agut-tungduon, a man far away from tribalism.

    Reply
  • seja
    seja

    ICC prosecutor said Sudan wanted guarantees before handing over two Darfur suspects
    Dear Mr. Ocampo We need Justice in Darfur as well as South Sudan. The Hague is an Independent Court, don’t Consider any Nonsense.Bashir is looking for a hole on the ground to enter in but is rare to get, remember since the war started in darfur, he has not been there but only his instruction are the one traveling to Darfur, imagine Yesterday he was in Darfur. Let the judges Study the case and Issue the A rest warrant. According to S.Africa who will hand him? is just simple , let him rote in the bush hiding till he will latter be captured like Shavian Commander who was got in a bus.

    Reply
  • Gabriel Yien Gach
    Gabriel Yien Gach

    ICC prosecutor said Sudan wanted guarantees before handing over two Darfur suspects
    Thanks for this taday to me but what i can say is this.Do we wanted to finishing Darfur human created by God because of power which is created by human?that is mineless to the powerers team,If not let them joints ICC nows,if they know human right,today event next is not working.Another thing is this those of Arabs Countries they said yes,yes,yes but is for not they lelfs us on the trees.

    Reply
  • Kur
    Kur

    ICC prosecutor said Sudan wanted guarantees before handing over two Darfur suspects
    I would like to advise Luis Ocampo that if you want us to trust the ICC,you must do what is right. What is right is to bring to justice those who are responsible for crimes committed in Darfur. There is no one above the law, and there is no one who has a liscence to kill at will.In the meantime, it is ok to ask the NCP leaders to handover Haroun and militia leader Ali, but this is not enough.Those who empowered them to kill, rape women and children in Darfur, rob,burn villages and displaced the civilians must bear the big burdens of these crimes. Therefore, if indictment against Bashir is waived for handing over the first indictees, then this is going to be unfair justice. Those who hold the power of the country in their hands must be held accountable on this issue but not only the small guys.

    On the other hand, I deplore the statement of the South African Deputy Foreign Minister, Aziz Fhad when he says, “who is going to arrest Bashir?” After all who is Bashir? he is a humanbeing like the people he has ordered to be slain in Darfur. Those who fought against racism in South Africa must not forget that the people of Sudan in some parts are facing the conditions similar to what the black majority in South Africa faced during the aparthied regime.Furthermore, Bashir is not better than Charles Taylor or Malosavic, or any other war criminals. He is the right person to tell the world who is committing those horrible crimes in Darfur.

    Kur

    Reply
  • PANDA OYEE!
    PANDA OYEE!

    ICC prosecutor said Sudan wanted guarantees before handing over two Darfur suspects
    Mr. Bashir is really scared. I have never seen a president fearing like him. He has even gove to the extent of asking the ICC whether he will be excused if he give up Haroun and Kushayb.

    My special thanks goes to the ICC. You are bring real peace to Darfur and Sudan as a whole. Thank you.

    May the Almighty God helps Obama to become the president of the US, to supprt the ICC.

    Reply
  • Aketch
    Aketch

    ICC prosecutor said Sudan wanted guarantees before handing over two Darfur suspects
    My dear Ocampo don’t let Omar Hassan al Bashir and his own puppets fight a battle of wits with you.There is no scapegoat in those he may hands over to the ICC in order to cancelled his indictment.they just contributed to committ crimes but he who has powers to and not to is him the president of everything (as he thought of his powers)
    INDICT BOTH,THEY ARE THE PERPETUATORS

    Reply
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