ICC prosecutor hails states cooperation in isolating Sudan president

December 2, 2009 (WASHINGTON) – The prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo lauded actions taken by states to isolate Sudanese president Omer Hassan Al-Bashir who faces an arrest warrant for his alleged roles in the crimes committed in Darfur.

Al-Bashir maintained his innocence and accused the court of serving the agendas of Western government seeking to topple his government. Arab, African and Islamic states have backed the Sudanese head of state rejecting the indictment handed down by the ICC judges last March.

“The Prosecution has encouraged states to maintain and express public and diplomatic support to such an approach. It has asked states to refrain from offering political support or financial aid to any of the three individuals subject of an arrest warrant or to those protecting them. It has also invited UN member States to sever all non-essential contacts with those subject to ICC warrants. The Prosecutor is grateful for the actions taken by States to respect their legal obligations and follow those guidelines” Ocampo said in an advance copy of the report obtained by Sudan Tribune due to the UN Security Council (UNSC) report on Friday.

“Al-Bashir, at risk of arrest as he is the object of an arrest warrant, has not travelled to the territory of States Parties, whether South Africa, Uganda, Nigeria, or Venezuela. He cannot attend the UN Climate Change Conference in Copenhagen, where the Danish Foreign Ministry pointed out that Denmark will comply with UNSCR 1593. He has not attended the UN General Assembly or a Summit meeting of the OIC Standing Committee for Economic and Commercial Cooperation (COMCEC)” the report says.

The Sudanese president has traveled regionally to a several Arab and African countries in a show of defiance against The Hague-based court but has been careful to avoid states which are party to the Rome Statute with an obligation to arrest Bashir should he set foot in their territory.

Bashir turned down invitations from Uganda, South Africa, Nigeria, United Nations and Venezuela in recent months which analysts believe to be driven by fear of being arrested or intercepted in international airspace.

The most high profile incident occurred as Bashir was hours away from arriving in Turkey to take part in the Organization of Islamic Conference (OIC) summit last month. Western pressure on Turkey forced the latter to quietly ask Bashir to reconsider his attendance.

Sudanese state media announced that Bashir canceled his Istanbul trip to “find a solution” to a dispute between his ruling National Congress Party and the Sudan People’s Liberation Movement.

The UNSC is not expected to take any action on the ICC prosecutor’s report despite non-compliance of Sudan with terms of resolution 1593 adopted under Chapter VII of the UN Charter.

Russia, China and Libya, all strong allies of Sudan, are expected to reiterate their criticism of the ICC move against Bashir. However, chances for a UNSC resolution deferring the warrant against Bashir appear slim.

The African Union panel on Darfur (AUPD) headed by former South African president Thabo Mbeki issued a report last October calling in Sudan to undertake changes to its judicial system and form hybrid courts to try Darfur war crimes suspects. It implicitly endorsed the ICC prosecutions stating that there is an impunity gap created by the tribunal unable to try all suspects involved in Darfur atrocities.

Sudan rejected the hybrid courts saying it violates the constitution and the judicial rules but many columnists urged the government to accept it so as not to lose the AU support lent to Khartoum in the ICC row.

The UNSC will deliberate on the AUPD report on December 21st.

(ST)