Sudan ruling NCP condemns ICC decision against Bashir

February 4, 2010 (WASHINGTON) – The ruling National Congress Party (NCP) issued a statement on Thursday morning decrying what it described as “persistent targeting” by the International Criminal Court (ICC) against Sudan and president Omer Hassan Al-Bashir.

On Wednesday the five-member appeal chamber reversed a majority decision by the Pre-Trial Chamber that excluded the crime of genocide from the arrest warrant issued for the Sudanese president but kept the counts of war crimes and crimes against humanity.

The ICC prosecutor Luis Moreno-Ocampo accused Bashir of masterminding a campaign to get rid of the African tribes in Darfur; Fur, Masalit and Zaghawa, something which Khartoum vehemently denies labeling the accusations leveled at the Sudanese president as “lies” and a “Western conspiracy”.

Ocampo filed a challenge afterwards arguing that the Pre-Trial judges used a higher evidentiary threshold than is required at this stage of the proceedings in determining whether Bashir had genocidal intent.

“The Pre-Trial Chamber applied an erroneous standard of proof when evaluating the evidence submitted by the Prosecutor and, consequently, rejected his application for a warrant of arrest in respect of the crime of genocide. Therefore, the decision by the Pre-Trial Chamber not to issue a warrant of arrest in respect of that crime was materially affected by an error of law. It is therefore appropriate to reverse the Impugned Decision to that extent” the appeal chamber written decision read.

The case has been sent back to the Pre-Trial chamber to review the case anew and enter a new decision consistent with today’s ruling. The judges may take anywhere between a few weeks to one year before they complete their reconsideration of the genocide counts.

Sudan’s ruling party reiterated the country’s position that they do not recognize the jurisdiction of the court and threatening to repeat the scenario of expelling agencies that “exceed the law and violate the sovereignty and pride of Sudanese people”.

Following the March, 2009 ICC indictments, the Sudanese president expelled a dozen aid groups from Darfur accusing them of supplying false info to the Hague based court.

The NCP said that the timing of the decision coincides with peace talks in Doha and the April elections and urged the Sudanese people to ignore the court and focus on national building issues. The party led by Bashir hailed the African Union, Arab League, Organization of Islamic Countries (OIC) and other groups in backing Sudan against the ICC moves.

Ocampo welcomed the decision and warned Bashir he needed to “get a lawyer,” adding he would present fresh evidence to the court in a second bid to have Bashir charged with genocide.

“Expelling humanitarian assistance is a great element of his genocidal intentions,” Moreno-Ocampo told Reuters.

“When he expelled these people who were providing the water and the food he confirmed his intention to destroy his people. So I would like to present this new aspect of the case.”

Several Rights groups around the world hailed today’s decision saying it brings the justice issue into the spotlight.

“Today’s decision is a strong reminder that President al-Bashir is wanted for heinous crimes committed in Darfur,” Elise Keppler, Human Rights Watch’s International Justice Program senior counsel, said in a release. “President al-Bashir is a fugitive from justice who needs to appear in The Hague to answer to the allegations against him.”

Amnesty International senior legal advisor Christopher Hall echoed the same position.

“I think little by little, the vice is closing in on him and at some point he will have to face a trial in the International Criminal Court in the same way that President Milosevic or President Taylor or numerous other officials from Rwanda and Sierra Leone have had to face trials,” said Christopher Hall.

U.S. Assistant Secretary of State for African Affairs Johnnie Carson said in Ghana that Bashir should go to the ICC to face justice. “We think that President Bashir should present himself to the court to face charges,” Carson told reporters.

There was no reaction so far from any of Bashir’s backers in the Arab, African or Islamic states.

Darfur’s main rebel group welcomed the ICC’s decision, saying it is the logical conclusion to be made.

“The destruction that was inflicted upon Darfuris speaks for itself. It was not a conventional warfare. Bashir was in charge and he had publicly told the army that he does not want any prisoners or wounded from Darfur” JEM official spokesperson Ahmed Hussein Adam told Sudan Tribune from Doha.

Adam reiterated that the ruling will have no impact on the political process currently underway with Khartoum.

“The legal path is separate from the political one. Justice and peace go hand in hand but as far as JEM is concerned peace remains our strategic objective and our position is unchanged. The ICC is an independent institution carrying out a legal task” he said.

Bashir flew to Qatar today on a brief visit in which he met with the ruler Sheikh Hamad bin Khalifa Al-Thani . Sudanese state minister for foreign affairs said that the talks tackled the stalled peace talks hosted by Qatar between Khartoum and Darfur rebel groups.

(ST)