ICC prosecutor wants a non-cooperation finding against Sudan by judges
April 22, 2010 (KHARTOUM) — The prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo asked the Pre-Trial Chamber I judges this week to enter a finding against the Sudanese government of non-cooperation in light of its refusal to hand over two suspects charged with committing war crimes and crimes against humanity in Darfur.
Sudan has rejected the jurisdiction of the tribunal saying it has not ratified the Rome Statute treaty under which the ICC was established. However, it has cooperated with the prosecutor’s office between 2005-2007 until an arrest warrant was requested for then state minister of humanitarian affairs Ahmed Haroun and militia leader Ali Kushayb.
“Following the issuance of the arrest warrants, Ali Kushayb reportedly remained active with his military unit in Darfur. Ahmad Haroun has been actively promoted since the issuance of the arrest warrants. Ahmad Haroun continued to serve as Minister of State for Humanitarian Affairs, while receiving new responsibilities. He continued to enjoy a high profile in the Sudanese media and in public life” the prosecutor said in his filing.
“The Prosecution has taken every opportunity to encourage the GoS, and the two persons against whom arrest warrants are sought, to engage in the judicial process. The Office has made substantial and repeated efforts to communicate to the GoS through international leaders its legal obligation to arrest and surrender Ahmad Haroun and Ali Kushayb to the ICC, and to encourage it to do so”.
“To the contrary, the GoS continues to commit crimes, promotes and protects the persons sought by the Court; and harasses all persons who are considered to be in favor of justice”.
Article 87(7) of the Rome Statute allows the judges to make a [non-cooperation] finding to that effect and refer the matter to the….Security Council”.
The warrants for Haroun, Sudan’s and Kushayb, list 51 counts of crimes against humanity and war crimes allegedly committed in Darfur. Charges include murder, torture, mass rape and the forced displacement of entire villages.
Haroun is now the governor of South Kordofan and is running for reelection in the nationwide polls that concluded last week which are the first in the country since 1986.
The Sudanese President Omer Hassan Al-Bashir, for whom the ICC has also issued an arrest warrant last year, has repeatedly stated he would not hand any of its citizens to the court.
“The chamber should conclude that the government of the Sudan’s actions as well as inactions are intended to impede the fair and expeditious conduct of proceedings,” the prosecutor said.
Human Rights Watch (HRW) today urged the UNSC and other nations to press Sudan on the issue of cooperation.
“The ICC needs the cooperation of states, especially in the surrender of suspects, to do its work,” said Elise Keppler, senior counsel with the International Justice Program at Human Rights Watch. “The Security Council and key governments should be actively pressing Sudan to cooperate with the court regardless of any formal finding of non-cooperation.”
The UNSC has been unwilling to take any action against Sudan on cooperating with the ICC partially owing to opposition from veto wielding countries such as China and Russia both of which have huge economic and military trade interests in the East African nation.
(ST)
Peter Nhiany
ICC prosecutor wants a non-cooperation finding against Sudan by judges
Mr.Ocampo, are you really serious about this case? If you are, why did it take you to go after these visible evil insane killers. You know Khartoum will never cooperates with any one seeking to arrest its citizens as President Bashir has said it repeatedly. If you want this case done, stop dragging your feet Sir. We ( those whom war in Sudan impacted) need speedy justice. Thank you rising again.
Peter Nhiany.
Padiet Gagag
ICC prosecutor wants a non-cooperation finding against Sudan by judges
president Bashir could not handle those suspect to ICC because is also criminal.How,ever,the criminal could not see the villian acts that because is first one who creat this sytem.
Angelo Achuil
ICC prosecutor wants a non-cooperation finding against Sudan by judges
I believes Sudan government need a serious whack in the face to adhere to ICC. Things must get worse for Khartoum first before for Sudan to heals.
International isolation, embargo, or whatever it takes to crack open the cloaked ears of Khartoum. There is no such thing as government committing genocide against its civilians and saying, we had NOT signed the Rome Status. That’s a joke not worth reasoning with.
hard liner
ICC prosecutor wants a non-cooperation finding against Sudan by judges
Dear mr. ocampo you have been talking but not acting, its with this concern that i want to inform you that your action is weaker than your words, up to when do you want the attrocities against the innocent women and children of darfur and south sudan to continue? dont make us loose hope in you not as a person but a senior prosecutor please you better act or quit this position and let another serious person take over this responsibility. you have to know that action speak louder than words……i know you are using deplomacy but an arab needs action for him to know that one is serious and not jocking.
okucu pa lotinokwan
ICC prosecutor wants a non-cooperation finding against Sudan by judges
Omer Bashir should understand this, plus all his suporters for example Mr Godur,Rabi etc.That a hell wound its scar will not disappear completely it will remain there for ever,and this is the same like ICC prosecutor on the president of Sudan Omer Bashir Plus those mentioned victim for genocide comitted to the Darfurans.If they want it or not they are still wanted by ICC.