ICC prosecutor seeks appeal on Sudan president genocide charges
March 12, 2009 (WASHINGTON) — The prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo requested permission to appeal a decision by the judges that scrapped genocide charges in an arrest warrant issued for Sudanese president Omer Hassan Al-Bashir.
However the majority at the Chamber decided that the evidence presented by the prosecutor does not meet the threshold required by Genocide convention and Rome Statue to establish that the gravest crime has been committed in Darfur.
The ICC prosecutor has said that he will review the judges’ decision on the genocide counts before deciding on how to proceed.
Genocide is generally defined as the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group.
Ocampo accused Al-Bashir of masterminding a campaign to get rid of the African tribes in Darfur; Fur, Masalit and Zaghawa.
The prosecutor’s application for appeal that was made public today contends that in its decision the Chamber “imposes an evidentiary burden that is inappropriate for this early procedural stage”.
“The decision contains fundamental errors that not only invalidate it, but will also unavoidably taint any subsequent assessment of fresh evidence brought by the Prosecution, thus affecting the fair and expeditious conduct of the proceedings” the application reads.
The prosecutor central argument is that the Rome Statute only requires the judges to affirm that there is “reasonable evidence” that an individual committed a certain crime for the issuance if an arrest warrant.
He suggests that the judges applied a higher threshold of evidentiary proof than required at this stage of the proceedings.
In removing the genocide counts the judges questioned as to why the crime of genocide was not pressed by the prosecutor in the 2007 cases against Ahmed Haroun, state minister for humanitarian affairs and against militia commander Ali Mohamed Ali Abdel Rahman, also know as Ali Kushayb.
“The Prosecution submits that Haroun’s statements acquire genocidal significance in the context of Al Bashir’s use of the entire state apparatus to commit the crimes, including, but not limited, the key role assigned to Haroun”.
The application makes frequent references to Latvian Judge Anita Usacka in Pre-Trial Chamber who approved the genocide charges dissenting from her other two peers.
However the other two judges have left the door open for the prosecutor to appeal the rejection of genocide counts if he presents new evidence.
Before proceeding to the appeals Chamber, the ICC Pre-Trial judges must determine that the issues raised by the prosecutor qualify as appealable.
Separately the ICC today released copies of arrest warrant transmitted to Sudan, members of the UN Security Council (UNSC) as well as countries which ratified the Rome Statute.
Sudan has not ratified the Rome Statute, but the UN Security Council 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.
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Ben-Fu
ICC prosecutor seeks appeal on Sudan president genocide charges
Good job Mr Moreno-Ocampo, keep filing more charge, Bashir has already started genocide by expelling aid workers so that the Darfurian IDP would starve to death. Any one can tell such a man mine is too cruel, blood thirsty demon. All African leaders are keeping silence. all shaking in their fat butts and boots. Haven’t any of them saying a simple word about the suffering of Darfurians, all of them crying out to help Bashir avoid the arrest.
what message will African leaders leave behind for their offspings?
What a shame?
AUGUSTINO DENG
ICC prosecutor seeks appeal on Sudan president genocide charges
Thank you a lot Mr Moreno Ocampo, for contemplating some more charges against Omar Bashir. It is true that Mr Omar Bashir, is a murder and a criminal at the same time. However, when is “Dull headed” killer so call Omar Bashir, has to be captivated or caged in like a rabbit?
Now, sending out of they thirteen Non-Governmental Organizations from Darfur region, is the number one factor which show that Omar Bashir, is not obeying the laws of the Human Right at all. If Omar Bashir, know that he is not guilty of the charges being scrolled on him by Mr Moreno Ocampo, then why he doesn’t confronted Mr Moreno Ocampo and go to the court with him?
I believe maybe Omar Bashir, have some secrets behind, otherwise those secrets will be extracted out by the ICC by all mean whether or not.
ngeugak de amaayaar
ICC prosecutor seeks appeal on Sudan president genocide charges
Thumb up to you Mr. Ocampo for guinine stand against the prime killer in the world. It is not a surprise to see you pressing the genocide charges against Al Bashire.He has now started the compaign by expelling the (13)international non governmental organisations in Darfur. What can justify the expelling of these organisations helping the needy. Mr. Ocampo you are a blessing to the world and entire victims of Darfur are praying for your survival, take courage and struggle without fear. God our heavenly father who created mankind in his image and likeness will help you to deal with Sudanese killers.
I am appalled by the way we Sudanese do reason sometimes and all the time. Can one think really what is a problem with this country that has not since stability since 1956. There could be a reason but nobody can see it because everybody is trying to get rich within short time. “There was an important job to be done and Everybody was asked to do it. Everybody was sure somebody would do it. Anybody could have done it, but nobody did it.”
“Somebody got angry about that because it was everybody’s job. Everybody thought anybody could do it, but nobody realized that everybody wouldn’t do it. It end up that everybody blamed somebody when actually nobody asked anybody.”
This is the stake we are in Sudan, some people could have solved this situation but nobody is interesting because everybody thought anybody could be doing it. This is a lesson to those in Authority.
tayeb M. Alhassan
ICC prosecutor seeks appeal on Sudan president genocide charges
BRING HIM or otherwise!!!
Unfortunately the International MAFIA has assigned Ocambo for the “impossble mission”
The restless International MAFIA according to time line is desperate, in nonstop activities, working hard to find a breakthrough for dismantle process of Sudan. The unfortunate Ocambo has been chosen and assigned by the International MAFIA to do that job. He has to do it or otherwise he has to look for another job for himself. Ocambo knows that to accomplish his impossible mission under the MAFIA threats he has to start with a constitutional vacuum which results only in the absence of the head of state president Al-Basheer. The next step is the creation of the creative chaos towards the creation of the mini states out of the big Sudan. After genocide charge has dropped, in a press conference with Al-Arabia satellite TV we have seen how Ocambo maneuvers to escape all embarrassing questions that could reveal his false allegations of indictment insisting on 5 million victims displaced and facing death in Darfur. Since then he took it personally with President Albasheer.
We all understand that the International MAFIA has the special style of get rid of the impotent man before he discloses the secret plans. The pressure on Ocambo is very high so, that is why he maintains that sad look for failure in the first attempt and red lights hazard threats already occupied his dashboard.