Female judges to determine the fate of Sudan president
August 17, 2008 (WASHINGTON) – The judges of the International Criminal Court (ICC) return on Monday from a month-long judicial recess with a high profile case waiting for them.
Ocampo filed 10 charges against Al-Bashir: three counts of genocide, five of crimes against humanity and two of murder against the African tribes of Fur, Masalit and Zaghawa.
This is the first time since the establishment of the ICC that the judges will review a case against a sitting head of state. Moreover this is the first time a charge of genocide is brought against any suspect by the ICC’s prosecutor.
The unique aspects of Al-Bashir’s case don’t stop here. All the judges of the Pre-Trial Chamber I happen to be females consisting of Akua Kuenyehia from Ghana, Sylvia Steiner from Brazil and Anita Usacka from Latvia.
Judge Claude Jorda from France was the only male in the Chamber until he resigned a year ago for health reasons.
The female factor also arises in the application by the ICC’s prosecutor against the Sudanese president. Ocampo alleged that rape in Darfur “has been committed systematically and continuously for 5 years”.
“Rape is an integral part of the pattern of destruction that the Government of the Sudan is inflicting upon the target groups in Darfur” the prosecutor stated in the summary of his application submitted to the judges.
Kuenyehia, who is also the presiding judge of the chamber, has written extensively on gender law and rights of women in Africa. She provided consultancy services to the World Health Organization (WHO) on “Women’s Health and Violence” in 1998.
In 2004 the Ghanaian Judge also presented a paper titled “Gender Challenges of the Rome Statute” at Nottingham University.
A non-profit organization has been established under Kuenyehia’s name in 2007 with a mission to “the development and empowerment, through formal education, of women in Ghana”.
The other two judges Steiner and Usacka have also written on topics relating to violence against women throughout their careers.
The extent of the impact of the Judges’ background on their decision is yet to be seen. They make take months to make a decision on the prosecutor’s application.
The last application by the prosecutor in the Darfur case took exactly two months before a decision was made. However the prosecutor said in his July 14th press conference that due to the complexity of Al-Bashir’s case it may take more time. There is no timeframe specified under the ICC statute for judges to make rulings.
While some Sudan experts such as Alex de Waal and Julie Flint have questioned the strength of the case against Al-Bashir particularly with regards to the crime of genocide, Ocampo expressed confidence his will request will be endorsed.
“I present a case to the judges because I am convinced that my case is strong” Ocampo told Sudan Tribune in an interview last week. However he did not rule out the possibility that the Judges may dismiss all of some of his charges against Al-Bashir.
Sudan has dismissed the ICC as a Western conspiracy against the country and a tool against third world nations only.
However it will be judges from non-Western countries in three continents who will rule on Al-Bashir. The Sudanese government has ruled out any dealings with the ICC based on the fact that it is not a state party to the ICC.
Sudan has not ratified the Rome Statute, but the UNSC triggered 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)
Thyinka
Justice must wins
Let justice prevails.