ICC judges receive filing from pro-Sudan groups on Bashir case
January 14, 2009 (WASHINGTON) — Two pro-Sudan groups have filed a motion with the judges of the International Criminal Court (ICC) asking them to reject the prosecutor’s application to issue an arrest warrant for president Omer Hassan Al-Bashir.
The two groups consist of the Sudan Workers Trade Unions Federation (SWTUF) and the
Sudan International Defense Group (SIDG).
Two UK lawyers prepared the filing on behalf of the SWTUF and SIDG, Sir Geoffrey Nice and Rodney Dixon.
The filing posted on the ICC website states that SWTUF “is the union of all trade unions of Sudan with affiliates from 25 state unions and 22 professional federations. Its affiliates include the State Trade Unions for the whole of Darfur”.
SIDG is described as a “non-governmental committee of Sudanese citizens established out of concern for the negative effects that ICC arrest warrants could have at this time for the peace process in Sudan and for the ordinary people of this country”.
ICC judges are reviewing ten counts presented by prosecutor Luis Moreno-Ocampo in mid-July that include 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.
It is believed that the ICC judges will make a ruling in the coming weeks.
The filing asks the Pre-Trial Chamber I judges “to not to issue arrest warrants for President Omar Hassan Al Bashir and/or any rebel commanders in light of the detrimental consequences which could ensue in Darfur and Sudan and the region more widely”.
The two groups claimed that they have gathered over a million signatures from Sudanese citizens as well as support of the tribal leaders of the Fur, Masalit and Zaghawa tribes.
The application focuses on the impact of an arrest warrant on the prospects of peace in Sudan, emphasizing that prosecuting Al-Bashir is not in the interest of justice and that other alternatives of transitional justice are being pursued.
The filing uses excrepts from articles written by Sudan expert Alex De Waal in different parts of the filing including one in which he says that the prosecutor’s application is “an immense gamble with the future of Sudan”.
Peter Bechtold is another expert quoted in the filing who has “provided a report to the Applicants on the background to the conflict in Darfur and the implications of the Prosecutor’s actions”.
“In addition to the violence that could erupt from a warrant being perceived as a national insult, he [Bechtold] highlights that opposition leaders are disappointed with the prospect of a warrant as it could consolidate support for the President leading to a landslide victory in the elections scheduled for this year” the filing reads.
The application speaks of concerns by African nations that the ICC is only investigating in Africa and that this may suggest “a lower standard of justice being appropriate to African nations and leaders than elsewhere”.
The ICC is currently handling cases in Darfur, Democratic Republic of Congo (DRC), Central African Republic (CAR) and Uganda.
The application deems the prosecutor as exceeding his mandate within the ICC statue describing him as someone who is looking to attract publicity.
“The actions of the ICC Prosecutor should be considered beside the reality that assertions in his (public redacted) application to the court for the issue of an arrest warrant against President Bashir have been highlighted as being inaccurate and false”.
The two groups criticize the prosecutor saying he has engaged “in substantial international campaigning” against invoking Article 16 of the Rome Statute suspending the case against Al-Bashir.
It is not clear if the Judges will consider the motion submitted. The Rome Statute only allows the State or the accused to make any filings on a case.
Furthermore at the stage where the Pre-Trial Chamber is considering whether they should issue an arrest warrant no submissions outside the prosecutor’s office are allowed unless requested by the judges.
The Secretary General of SIDG Mohamed Al-Ansari told Kuwait News Agency (KUNA) that the ICC Judges cannot issue an arrest warrant unless they respond to their filing.
Sudan has refused to accept jurisdiction of the ICC but said that it may deal with the court through a third party.
Last November multiple sources told Sudan Tribune that the Sudanese government hired Eversheds LLP to handle the ICC row.
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Mr Famous Big_Logic_Boy
ICC judges receive filing from pro-Sudan groups on Bashir case
SWTUF is presenting fake information, i don’t think that any of those citizens have ever make signature requesting ICC to stop the move against this criminal. ICC go on your, its the only way to peace and untity in Sudan otherwise Separation is on the door and those arabs will see whether they will get a chance of building their villages with someone’s resources. Bashir is now in panic this is why he is stilling talking shit aagainst ICC members and arresting Turabi for giving the right speech about his crimes which were committed in the dark on the backyards of Durfurians.
ARAMANACAANI Junuba
ICC judges receive filing from pro-Sudan groups on Bashir case
SIDG AND SWUTF,
They are pure pro-Bashir and have no concern for suffering sudanese!
Kur
ICC judges receive filing from pro-Sudan groups on Bashir case
These attempts by these groups calling themselves trade unions or whatever are just mere rubbish. Why they did not stop the janjaweed and Bashir from raping and killing innocent people of Darfur? A threat of violence is another crime against the international law. Justice must be done regardless of the outcome and so these groups of Bashir cronies must be advised that justice cannot be traded for any thing other what it means.
Kur