Sudan takes ICC battle to the UN general assembly
August 14, 2008 (KHARTOUM) – The Sudanese government intends to rally support at the United Nations (UN) general assembly in its conflict with the International Criminal Court (ICC), Sudan Tribune has learned.
The UNSC referred the Darfur case to the ICC in March 31, 2005 despite the fact that Sudan not being a party to the court. However the Rome Statute which forms the legal basis for the ICC empowers the UNSC to refer cases to The Hague based court.
The ICC’s prosecutor Luis Moreno-Ocampo announced in mid-July that he requested an arrest warrant against 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.
Sudanese officials ruled out recommendations by the Arab League to stand before the ICC and instead decided to resort to a non-binding advisory opinion by the ICJ.
Dr. Hadi Shalluf, who was the defense counsel for Darfur at the ICC and filed a series of motions challenging the jurisdiction of the court, said that the UN general assembly may back Sudan in its request.
“There is nothing in the UN charter that prevents the general assembly from adopting any kind of resolution” he said.
However he acknowledged that such a resolution may put the general assembly “politically” at odds with the UN charter which charged the UNSC with the maintenance of international peace and security.
“UNSC can issue Chapter VII resolutions that are legally binding. Resolution 1593 [Darfur referral to ICC] was adopted under this part of the UN charter” he added.
Shalluf also said he expects the ICJ to advise that the UNSC “did not err in its resolution”. He further said that when that happens “Sudan will be in a very weak position” and that Khartoum “will be morally obligated to comply with resolution 1593”.
The ICJ Statute states that the court’s advisory proceedings “begin with the filing of a written request for an advisory opinion addressed to the Registrar by the United-Nations Secretary-General or the director or secretary-general of the entity requesting the opinion”.
Even though the opinion is not binding, the ICJ convention says that it carries “great legal weight and moral authority”.
(ST)