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UN chief says no impunity for perpetrators of atrocities in Darfur

August 12, 2008 (UNITED NATIONS) – The UN Secretary General Ban Ki-Moon said today that the International Criminal Court (ICC) must be allowed to continue its investigations in Darfur.

United Nations Secretary-General Ban Ki-moon (AP)
United Nations Secretary-General Ban Ki-moon (AP)
In an interview with the Egyptian daily Al-Ahram Ban expressed confidence “that the ICC will be able to enforce its decisions”.

The UN chief also stressed that the ICC is an independent institution.

“I am emphasizing its complete independence. The ICC’s rules and decisions are governed by the court’s body and no third party may influence its work or the judges’ rulings” Ban said.

“The fact that the UN Security Council (UNSC) could hypothetically suspend ICC indictments does not mean undermining its independence or its functions. In the same token when the UNSC refers a case to the ICC like in Darfur, it doesn’t mean they are interfering in its work” he added.

Ban’s statements come three weeks after the ICC’s prosecutor announced that he is seeking an arrest warrant for the Sudanese president Omar Hassan Al-Bashir.

The ICC’s prosecutor Luis Moreno-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 UN Secretary General has also been reportedly advised by his legal advisers to “distance himself politically” from the Sudanese president.

Asked on the request by African Union (AU) to invoke Article 16 of the Rome Statute and suspend Al-Bashir’s indictment, Ban said it is up to the UNSC to make a decision in this regard.

However he underscored the need to bring Darfur war crimes perpetrators to justice.

“We must prove that there is no longer impunity for those who commit atrocities…We can make peace and justice go hand in hand” Ban said.

In response to a question on why Al-Bashir was singled out when other world leaders committed comparable crimes, Ban said that it was the UNSC which referred the case to the ICC before adding that he expects the court to investigate crimes “irrespective of who committed them or where”.

Ban voiced disappointment for lack of progress in resolving the Darfur crisis but vowed to press all parties to sit at the negotiation table. He also sounded optimistic that Sudan will fulfill its obligations despite the ICC row.

Sudan has not ratified the Rome Statute, but the UNSC invoked the provisions under the Statute 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)

3 Comments

  • Pothwei Apet Bangoshoth
    Pothwei Apet Bangoshoth

    UN chief says no impunity for perpetrators of atrocities in Darfur
    MR: Ban

    It is not too late for you to change your previouse statement wich, stated that Al-Bashir’s indictment will jeoperdize the copmrehensive peace agreement (CPA) in Sudan. I think that Al-Bashir can be arrested at any time and CPA’s implementation will continue. Al-Bashir is not the only person who can keep peace in Sudan. Let us assume that the act of God will take him tomorrow moring at 9:00 am Sudan local time, will his death cause another civil war? If not, let Darfur war criminals face justice as soon as posible so that Darfurians could taste fruit of peace in Sudan. If Al-Bashir gone today, the next person will make compremise with people of Darfur. Also he/she will create good invironment for upcoming elections in Sudan.

    Reply
  • Malou Manyiel
    Malou Manyiel

    UN chief says no impunity for perpetrators of atrocities in Darfur
    Let speak the truth because Iam tired of those who usually says, if the president is indicted by the ICC and issued warrant of arrest, then it will jeopardizes the CPA and the Darfur Peace Process.
    The CPA which was signed in 2005 was not signed by Bashir and John Garang alone, it was signed by the NCP and the SPLM as parties and of course that is why Garang died but the SPLM still committed to the peace and carried on the implementations of the CPA. Please! the president indictment has nothing to do with CPA implemetations and Darfur Peace Process, except when all the followers of of the president up to 15 are issued arrest warrant, then this is where the complaint may be at lease soundable but now let both hands work together.

    Reply
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