UN chief, OIC SG urge Sudan to conduct trials for Darfur suspects

March 12, 2009 (WASHINGTON) — The Sudanese government must move quickly to prosecute Darfur war crimes suspects internally in order to resolve row with the International Criminal Court (ICC), the top officials at the United Nations (UN) and the Organization of Islamic conference said today.

The national proceedings by Sudan would be aimed at convincing the UN Security Council (UNSC) to use its power to suspend an arrest warrant issued by the ICC against president Omer Hassan Al-Bashir.

Last week the court, set up in 2002, indicted Bashir on seven counts of war crimes and crimes against humanity, which include murder, rape and torture. The three-judge panel said it had insufficient grounds for genocide.

The UN Secretary-General Ban Ki-moon told a news conference today despite the arrest warrant it was not too late for Sudan’s own courts to take “very credible” measures to prosecute those suspected of committing right abuses in Darfur.

“I would like to urge and appeal to the Sudanese Government is that there should be a reasonable and credible implementation of the Sudanese Government, according to judiciary procedures, to meet the requirement of Article 16 of the Rome Statute before they expect or they move to the issue of a deferral” he said.

The Secretary General of the Organization of Islamic Conference (OIC) Ekmeleddin Ihsanoglu made similar statements today in the Egyptian capital in a rare break from his previous position in directing primarily criticism at the ICC.

“There can be no political solution to this problem without finding legal fixes to seek justice and peace in the region” Ihsanoglu told the semi-official Egyptian Al-Ahram daily.

“The delay in conducting these trials in a fair and genuine manner provides excuses for international players who want to fuel the conflict and impose their views on Sudan” he added.

Since last July Sudan has appointed a new special prosecutor for Darfur crimes was appointed who promised to start trials including one against militia leader Ali Kushayb who is wanted by the ICC.

But so far little information has emerged from the process with some observers suspecting the seriousness of the government and others saying the step is belated.

The OIC SG will fly to Sudan on Friday for talks with Sudanese official on the ICC row and ways to contain it.

He also said that the OIC will send a delegation to New York to lobby the UNSC for a suspension. The Arab League and African Union (AU) delegations have failed in a similar task last month.

However the UN chief stressed that it is up to the UNSC to make the final determination on invoking Article 16 of the Rome Statute which allows the council to suspend the ICC prosecutions in any case for a period of 12 months that can be renewed indefinitely.

“I know that there are positions held by the African Union (AU) and the League of Arab States and some other members of the international community to see the deferral of this decision by the ICC. This is something which the Security Council has the authority to decide. This is to be determined by the Security Council” Ban said.

The UN top official said he brought up the issue of war crimes with Sudanese president during his discussions with him.

“What I have been urging Sudanese President before, while engaging with him directly was, I have been advising and urging him to take necessary, first of all domestic judiciary measures, very credible [ones], that is the only way which can be regarded as meeting the requirement of Article 16” he said.

“You can never say that it is not too late. Even now, I think they can take and they should take the necessary measures” Ban added.

In the past Sudan has accused the UN chief of exceeding his mandate by talking about the ICC.

“If the ICC is truly independent as Ban Ki-Moon says why is he speaking on its behalf?” Sudan foreign ministry spokesperson Ali Al-Sadiq said.

Following the ICC indictment a Sudanese ruling party official described the UN Secretary General as an “enemy”.

“Instead of giving advice to the ICC and its unfair decisions he [Ban] is now sympathizing with organizations deviating from their tasks and crossing the red lines of national sovereignty” the Sudanese state minister for information and communications Kamal Obeid said.

Asked about contacts between UN officials and Bashir as indicted war criminal Ban suggested that they would be downgraded.

“As you may understand at this time, any contacts by senior United Nations officials with anybody who has been indicted by the ICC should be limited to what is strictly required for carrying out UN-mandated activities” he said.

Last year it was reported that Ban Ki-Moon has been advised by the Legal department in the world body to “distance himself politically” from the Sudanese president.

Sudanese officials have warned that they will react to any country that attempts to alter its contact with Bashir.

(ST)