Sudan president ‘most responsible’ official for Darfur war crimes: ICC prosecutor
By Wasil Ali
September 22, 2008 (NEW YORK) — The prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo today denied speculations that he requested secret arrest warrants issued for Sudanese officials other than president Omer Hassan Al-Bashir in connection with Darfur war crimes.
The documents showed the role of Sudan 2nd Vice president Ali Osman Taha played a key role in mobilizing the notorious Janjaweed militias during the Darfur conflict.
“GoS officials released from prison tribal leader Musa Hilal and Col. Shukurtallah. Vice President Taha instructed Hilal to mobilize his tribesmen into the force that became known as the ‘Quick, Light and Horrible Forces of Misteriha”.
The release of that info sparked fear in Khartoum that other Sudanese officials may soon join Al-Bashir as indicted individuals.
“A gloomy atmosphere prevailed when it [the report] came out. They gained some confidence boost after news that Britain and France will support a suspension of Al-Bashir’s indictment. Now they feel that more officials may be prosecuted in the future and not just the president” a Sudanese journalist told Sudan Tribune last week on condition of anonymity.
Sudanese foreign ministry spokesman Ali Al-Sadiq, who was unaware of the release of the redacted version, described Sudan Tribune report as “false” saying that the summary released by the ICC does not contain this information.
At the conclusion of the application Ocampo made four requests of the judges including entering a finding “that there are reasonable grounds to believe that Al-Bashir committed the crimes charged in this application” and issuing an arrest warrant.
However the prosecutor withheld the other two requests he made to the judges of Pre-Trial Chamber leading some observers in Sudan to believe that the Argentinean born lawyer asked for issuance of secret arrest warrants for other Sudanese officials.
But Ocampo told Sudan Tribune in an interview today that he did not press charges against any other Sudanese official in this July 14 application.
“We have strong evidence showing how Al-Bashir was at the top of the chain of command controlling all the aspects of the state not just recruitment of Janjaweed militias. Al-Bashir had control over those who committed the attacks, the judicial bodies, international relations and the media” he said.
Asked why he did not pursue 2nd VP Ali Osman Taha, Ocampo said his investigation “focuses on those most responsible”.
“I have no other people indicted nor do we have anyone else in the pipeline. The list of 51 created by the UN Commission of Inquiry on Darfur is not my list” the ICC prosecutor said.
He also revealed that his office identified the rebel commanders responsible for the attack on peacekeepers last year in Haskanita that left 10 peacekeepers dead and 25 missing.
Ocampo said that he will present his case against the implicated rebel figures within the next couple of months saying it is yet to be seen whether they will cooperate with the ICC as they pledged before by appearing voluntarily.
He further rejected accusations that his case against the rebels was to create an appearance of impartiality after all his investigations focused on the Sudanese government role in Darfur crimes.
“In terms of quantity there is no comparison. 12 people killed in Haskanita versus 2.5 million attacked in the camps. Of course attacking peacekeepers is affecting those displaced. Our message is that you cannot be allowed to target peacekeepers. We will investigate those who carry out these kind of attacks”
The ICC prosecutor declined to say whether he had contacts with rebel groups saying that his upcoming application will reveal all the details.
Ocampo said his office is monitoring the developments related to the attack by Sudanese government soldiers and security officers on Kalma camp in South Darfur. Last week he requested information from Sudan and the Arab League and Sudan on the incident. The latter refused to furnish any information to the ICC.
“The Arab League said they are monitoring national proceedings in Sudan so we wanted to be sure that if they have information they share with us” Ocampo said.
“The Kalma camp attack shows a different pattern than what we have seen before. It is a direct assault against civilians. So we are trying to see whether this was an isolated incident or if it was planned” he added.
Ocampo said that depending on the information he receives the Kalma camp attack might be added to the case against Al-Bashir.
In reference to the ICC judges request for more information on his case against Al-Bashir scheduled for October 1st Ocampo said that “this is normal process by which judges start to review documents and in most instances they call more than one hearing asking questions”
“This means that they started to review the case. It confirms to me that they [Pre-Trial Chamber I] were working on the Katanga case and now they are looking into the Al-Bashir case” he said.
The ICC prosecutor also reiterated that his case is not a maneuver to secure the surrender of the other two Darfur war crimes suspects and expressed surprise that some diplomats quoted him as saying that he offered a tradeoff between Al-Bashir on one side and Haroun and Kushayb on the other side.
“I never said anything like that. I have no idea where they got this from” he said smiling
“I said it in December very clearly. I tried to be predictable. I said Haroun is responsible but he was not acting alone. Someone is instructing and protecting him. Of course there are very few who have that kind of authority over him” Ocampo said.
The ICC prosecutor said that one diplomat approached him asking why he did not inform them in advance of his plans to indict Al-Bashir.
“I told him that it was clear in my report where I was going. The diplomat said that he never believed that I will actually do it” Ocampo said.
“I have the evidence. The case is very clear. It is not coincident. There are direct attacks against people in the villages using the air force, removing civilians from their homes and giving it to other people. Then they put them in camps, not providing them with aid and even blocking assistance. Al-Bashir is the head of the country. This cannot happen without his consent. Al-Bashir made public remarks saying that he gave instructions to Haroun” he added.
The ICC prosecutor further said that Sudan has to challenge the ICC moves in court and not somewhere else.
“To change the situation of Haroun and Kushayb Sudan has to deal with the court. A law firm representing Haroun and Kushayb is possible but someone must engage with the court” he said.
Ocampo said that he met with the Qatari foreign minister Sheikh Hamad bin Jabr al-Thani in New York to brief on the work of his office and that he continues to engage with other diplomats and UN officials.
“My specific job was per the UN Security Council was to investigate the Darfur case. I brief those who handle the political aspects on how I am handling the judicial part. It is a challenge to stop crimes against 2.5 million people”.
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)