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ICC judge dismiss motions calling for condemning prosecutor

August 24, 2010 (WASHINGTON) — The judges of the International Criminal Court (ICC) rejected two motions submitted this month calling for the court to condemn prosecutor Luis Moreno-Ocampo over an article he authored in the UK based Guardian newspaper last month.

International Criminal Court prosecutor Luis Moreno Ocampo (AP)
International Criminal Court prosecutor Luis Moreno Ocampo (AP)
Ocampo’s article was published following a long sought decision by the court charging Sudanese president Omer Hassan Al-Bashir with three counts of genocide in Darfur. This was in addition to seven counts of war crimes and crimes against humanity already included in Bashir’s warrant of arrest.

The first motion filed on July 30th by Sudan Workers Trade Unions Federation (SWTUF) and the Sudan International Defense Group (SIDG) asked the Pre-Trial Chamber I to review Ocampo’s statements in the article “and decide on an appropriate course of action”.

“It is evident from the article of 15 July 20 I0 that the Prosecutor may be seeking to gain support from the international community for his case or to be building public momentum and backing for his allegations that might render dispassionate adjudication by the Trial Chamber more difficult,” said attorney Geoffrey Nice who made the submission on behalf of the two pro-Sudan groups.

Nice asserted that Ocampo has went to give the impression that Bashir has already been convicted of genocide which was not the case at this stage of the proceedings.

The Rome Statute which forms the basis of the ICC, states that a warrant is to be issued if there is “reasonable evidence” to believe that the individual has committed the crime alleged by the prosecutor.

At the subsequent stages of confirmation hearings and the trial, a higher threshold of evidence is required to indict the suspect.

Nice also referred in his filing to a ruling by the Trial Chamber in the separate case of Congolese militia leader Thomas Lubanga, where the judges reprimanded one of Ocampo’s aides over the content of an interview she made which was deemed to compromise the integrity and fairness of the judicial process.

However, on August 6 the ICC judge decided that the submission was inadmissible because SWTUF and SIDG failed to identify the issue requiring determination by the chamber and also because they did not request a leave to submit an observation on the matter.

Furthermore, the judge determined that the submission fell “outside the scope and purpose of rule 103” which allows third parties to file motions on a specific case.

Today the judge rejected a similar motion by Michelyne C. St-Laurent, the court’s ad-hoc defence lawyer for Bashir, regarding Ocampo’s article saying that this fell outside her mandate which is to protect the interests of the defence “only within the context and for the purposes of the proceedings related to victims’ applications for participation”.

(ST)

6 Comments

  • Machingela gai
    Machingela gai

    ICC judge dismiss motions calling for condemning prosecutor
    Mr. Ocampo has committed no wrong to be comdemned with. Bashir and his government must accept their daily wrongdoings in which Ocampo has become a reigning champion over them.

    That motions against juge Ocampo is a fairytale condemnation for real crimes committed in Khartoum by a ruler and coward Bashir.

    Truth is truth and does not seek lies to engulf it when it is known for its course. Truth always stays to its root, and ICC must stay on the road until Bashir is a hell ruler with his sin against humanity he has committed so far. Our suffering is heard everywhere and it is about time for the tears to be dried up in our eyes by Bashir, as a one pay back price for those crimes. Bashir must face what we have gone through in his directives and through the orders of evil in him.

    No panic, no tears. You just be a man like you have been with your countless wrongs against black native in Sudan. There is nothing wrong in being answerable for the crimes you intentionally did against others.

    Reply
  • DASODIKO
    DASODIKO

    ICC judge dismiss motions calling for condemning prosecutor
    Haaaaa, the dog is caught in a trap and its does’t know how to free itself. Any sound behind the fence even the movement of grass by air lets the dog to bark.

    Bashir the stollen blood money of poor you have stollen and some killed them to get their properties; you will loose all of them by bribing but would never free you. Haaaaaaa, poor Sudanese will continue laughing at you everyday and night whenever you are agonying.

    An old man from Shambat whom Bashir tortured him for five years, said; ” My son I am praying for God everyday to keep me alive to witness the day Bashir is caught. I told my older son that even if I die before, the day Bashir is caught he must come to my grave to whisper to know that he is sent to ICC.

    Reply
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