Sudan expresses confidence ICC judges to reject Bashir charges

October 18, 2008 (KHARTOUM) – The Sudanese government hailed a decision by the judges of the International Criminal Court (ICC) requesting more information on the prosecutor’s request for an arrest warrant against president Omer Hassan Al-Bashir.

This week the judges of the Pre-Trial Chamber I which has officially started deliberating on the case against Al-Bashir earlier this month said in court documents that there are aspects of the ICC prosecutor’s application which require “additional supporting materials”.

The judges attached a confidential annex to their request which contained items for which the prosecutor is required to furnish extra documentation.

In mid-July the ICC’s prosecutor Luis Moreno- Ocampo filed 10 charges: three counts of genocide, five of crimes against humanity and two of murder and accused Al-Bashir of masterminding a campaign to get rid of the African tribes in Darfur; Fur, Masalit and Zaghawa.

An unidentified Sudanese official speaking to the daily Al-Sharq Al-Awsat published in London said that judges’ request “proves that Ocampo’s evidence is weak and fabricated and that Al-Bashir is innocent”.

The head of the Sudanese lawyers syndicate Fathi Khalil also said that the judges found that the evidence is non-compelling to build a case.

Khalil said that the prosecutor exceeded his mandate by the UN Security Council (UNSC) which did not find genocide being committed in Darfur.

Sudanese newspapers described the judges’ decision as an indication that Al-Bashir will be able to escape an arrest warrant.

On October 1st the ICC judges met with Ocampo for over 3 hours in a closed session for oral discussions on his case against Sudanese president. The transcript of the hearing has not been released.

Ocampo was present at the hearing along with Essa Faal from Gambia working as the senior Trial lawyer on the Bashir case.

ICC Judges routinely meet with the prosecutor following a request submitted by him for an arrest warrant or summons to appear to question aspects of the case before making a decision. They may also addition information during the course of reviewing the case.

Many legal experts and politicians have expressed skepticism that the judges will endorse the genocide charges which are likely to have political consequences particularly for Khartoum’s allies in the Arab world and Africa.

But the ICC prosecutor expressed confidence during a speech at the council on foreign relations in New York yesterday.

“The case is in the hands of the judges, I have requested before 12 arrest warrants — I got 12. I am pretty confident I have a solid case” he said.

To issue an arrest warrant on the charges filed by the prosecutor the ICC judges have to be convinced that there are ‘reasonable grounds’ that the individual(s) committed the crimes listed in the filing.

Sudan has not ratified the Rome Statute, but the UN Security Council (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)