ICC judges may soon rule on Darfur rebel case: prosecution
April 13, 2009 (THE HAGUE) – The prosecutors at the International Criminal Court (ICC) say that they expect a ruling on the case against Darfur rebels in April.
Bensouda said that given the public stances by the Darfur rebels in which they committed to cooperating with the ICC “judicial proceedings could start soon”.
The ICC prosecutor Luis Moreno-Ocampo’s third case on Darfur, opened in late 2007, investigates an alleged rebel attack on the Haskanita military base that left 10 African Union (AU) soldiers dead and one missing.
The counts against the rebel leaders in the case filed under seal included war crimes of violence to life, intentionally directing attacks against personnel, installations, material, units or vehicles involved in a peacekeeping mission and pillaging.
Attacking peacekeepers constitutes a war crime under the Rome Statute which forms the basis of the ICC.
Over the last few months Ocampo has desperately sought a quick decision on the case before the Pre-Trial Chamber I which is handling the case, is reconstituted.
However the Chamber rejected his requests and they further refused to allow him to notify the suspects about the case against them.
The deputy prosecutor speaking about the arrest warrant issued last month against Sudanese president Omer Hassan Al-Bashir said that “Sudan is obliged under international law to execute the warrant on its territory”.
“If it does not enforce the warrant, the United Nations Security Council, which referred the case to the ICC, will need to ensure compliance” she added.
Bensouda said that Bashir’s decision to expel more than a dozen aid agencies from Darfur after the warrant “is another step in the commission of the crime of extermination”.
She also called on State Parties to sever “non-essential” contacts with the Sudanese head of state. Bashir has travelled to a number of countries in the region since the arrest including Egypt, Libya, Saudi Arabia, Qatar and Eritrea.
None of these states have ratified the Rome Statue which forms the basis of the ICC. However Djibouti which is a state party announced that it has invited Bashir to visit and declared that it will not honor its obligations under the statute in this regard.
The Gambian prosecutor criticized arguments made by African states that the court is targeting only African nations in its investigations.
The African Union (AU) strongly criticized the ICC move accusing The Hague based court of being biased towards Africans and said that the arrest warrant approved in March, threatens peace prospects in Darfur.
“As a Deputy Prosecutor, and as an African woman, I am dismayed by suggestions that this Court is targeting Africans. This Court has indicted the President of the Sudan because he pursues the extermination of 2.5 million Africans” she said.
“They [Khartoum] have done nothing. Worse, they have condoned the rape of women and girls for five years, African women, African girls. This Court is defending African victims and will continue to do so” Bensouda added.
The deputy prosecutor said that they are working with an African Union (AU) panel headed by former South African leader Thabo Mbeki that is looking into accountability mechanisms in Darfur and reconciling it with peace efforts in the war ravaged region.
“We explained to him that the ICC has conducted investigations against six individuals, including the three rebel commanders. There are no sealed arrest warrants and the Court is not conducting new investigations” she said.
“President Mbeki has the huge task of moving the process of accountability ahead for all the other individuals involved in the commission of crimes. We are committed to working with him” the ICC official added.
Some observers have expressed skepticism about the role of the panel saying its goal is to save Bashir from ICC prosecution.
This month the Sudanese head of state praised the work of the eight member panel last week.
“We thank the AU and the former presidents headed by Mbeki who came here … But we don’t want those Khawajas [Westerners]” Bashir told a crowd in Darfur.
Sudan has refused to recognize jurisdiction of the ICC which was empowered to investigate the Darfur through a UN Security Council (UNSC) resolution in March 2005.
Two other arrest warrants remain outstanding for a Sudanese minister and a militia leader. Sudan refused to hand the two men over.
(ST)