ICC judges reject appeal by pro-Sudan groups
February 19, 2009 (THE HAGUE) — The judges of the International Criminal Court (ICC) today rejected an appeal by pro-Sudan groups to an adverse decision to their application demanding that an arrest warrant not be issued for president Omer Hassan Al-Bashir.
“As a result, they have no procedural standing to appeal” the Pre-Trial Chamber I at the court ruled.
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”.
Two UK lawyers prepared the filing on behalf of the SWTUF and SIDG, Sir Geoffrey Nice and Rodney Dixon.
SIDG and SWTUF have submitted a motion to the chamber last month arguing that prosecuting Al-Bashir is not in the interest of justice and that other alternatives of transitional justice are being pursued.
However the judges dismissed the motion in early February on the grounds that that the interests of justice is an assessment made by the office of the prosecutor once an investigation is initiated in accordance with the Rome Statute.
The two groups subsequently submitted an appeal claiming that the chamber failed to consider all the arguments put forward by them in their application. They requested that the Pre-Trial Chamber I authorize them to challenge the ruling before the Appeal chamber at the ICC.
The registry at the court notified the judges this week that in line with the chamber’s decision they have returned five boxes containing documents attached as annexes to the application by SIDG and SWTUF.
They documents contain articles, testimonies and signatures filed in support of their application. However in their initial decision the judges said they will not consider it.
The ICC judges are expected to release a decision before the end of the month in which they agree to issue an arrest warrant for Al-Bashir on an unspecified number of counts.
Last July the ICC prosecutor Luis Moreno-Ocampo requested that the judges issue an arrest warrant for Bashir on three counts of genocide, five of crimes against humanity and two of murder.
Ocampo accused Al-Bashir of masterminding a campaign to get rid of the African tribes in Darfur; Fur, Masalit and Zaghawa.
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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postmortem
ICC judges reject appeal by pro-Sudan groups
On the 16th of Feb, I made a comment that ” Bashir loses round one at the ICC”. I also reasoned with certainty that the appeal was destined to crumble at the appellate Chamber of the ICC and as I write, Bashir, has lost the second round through SWTUF and SIDG all represented by senior counsel Sir Geoffrey Nice because there was no locus standi for the two associations to file proceedings for the ICC to stop issuing a warrant of arrest for Bashir.
Sir Geoffrey relax and chew your legal fees from these doing nothing Associations after all you have done all an Advocate could do even after advising them that this case had no locus standi by they insisted to give you free money. If too much has been paid to you counsel,you can donate part of that free money to build a nursery school in my village in Southern Sudan.
All indications are that the prosecutor has made his case and the court is likely to issue an arrest warrant. Bashir should stop crying fold but instead be steady to think of a strong defence team of lawyers to represent him at the ICC when the time comes.
Arrest warrant and subsequent execution of arrest like death, its time cannot be known. So be prepared so that when ICC calls like God would always call for his creature, nobody will have known the time.
If arrested and do not meet Bashir, please send my regards to Ocampo and the ICC judicial officers and wish you a fair trial.