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.

Should the judges grant the prosecutor’s request, it would notify the court’s president to transmit the ruling to the UN Security Council (UNSC) which referred the situation in Darfur in March 2005 to the ICC under a Chapter VII resolution mandating the cooperation of all warring parties in the western region including the government.

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)