ICC prosecutor says ruling on Bashir case coming ‘in a few days’

February 8, 2009 (WASHINGTON) – Three judges of the International Criminal Court (ICC) will rule “in a few days” on whether to issue an arrest warrant for Sudanese President Omer Al-Bashir, the ICC Prosecutor Luis Moreno-Ocampo said on Friday in New Haven, Connecticut.

Sudan Tribune learnt last week that the judges have already come to a decision, still under seal, requiring that an arrest warrant be issued for Al-Bashir, who is charged on ten counts of genocide, war crimes and crimes against humanity.

During his address at Yale, the prosecutor reiterated his allegations against Sudan’s leader: “For the past 5 years massive crimes have been committed in Darfur. For the past 5 years no amount of negotiation has allowed the violence to abate. As of today, 5,000 people are dying each month in Darfur,” he said, referring to alleged mortality figures due to extreme violence and worsened livelihoods.

While the ICC prosecutor omitted to say how the judges will rule, he spoke at length on what will happen if the warrant is issued.

“Should the Judges rule in favor of the request, they will issue an arrest warrant and transmit it to the Government of the Sudan for enforcement. Are the Sudanese willing to arrest the President, now or in a few months?” posed Moreno-Ocampo.

“If not, how will the UN Security Council authority be affected? Do the States parties to the Rome Statute have a particular duty? What will be the reaction of the NGO and academic community? What can students do?”

In March 2005 the ICC was tasked by the UN Security Council, acting under Chapter VII with investigating crimes in Darfur.

Ocampo alleges that since April 2003 the Sudanese Armed Forces and Popular Defense Forces (PDF) systematically conducted joint military operations directed against civilians in towns and villages inhabited mainly by three ethnic groups, the Fur, Zaghawa and Masalit, directly killing 35,000 people while almost 300,000 of those who fled the attacks died of starvation and disease.

Two arrest warrants were already issued in April 2007 for a Sudanese junior minister and a militia leader. They were never enforced.

“Let me be frank: The crimes have continued in Darfur because the international community has diverse interests and was never able to unite to ensure compliance with UN Security Council resolutions. If the world is united, the atrocities and genocide will stop in a day,” said Ocampo.

“The decision of the Court, if confirming the existence of the crimes, should create a momentum to close ranks around one objective, stop the crimes. It will be a unique opportunity for the international community to come together, to establish a new framework to protect the Darfuris.”

Later he added, “This is not about regime change, it is about the criminal responsibility of individuals. It is about stopping the crimes. The Court is not asking for international forces to intervene. No war, no invasions, but also no inaction, no denial. Something between bombing and nothing.”

Sudan has threatened unforeseen consequences for aid workers, diplomats and peacekeepers if a warrant is served. Critics of the ICC move include the ruling party, state-sponsored Sudanese news outlets, the Democratic Unionist Party and the leader of the National Umma Party, while internationally the critics include major regional blocs like the Arab League and African Union, as well certain vocal proponents of deferring the ICC move who make thorough use of Western news outlets.

(ST)