ICC Prosecutor Luis Moreno Ocampo on Sudan

By
Steve Paterno

September 27, 2010 — The International Criminal Court (ICC) drew huge interest, since its inception in 2002, as the world waits on how it will define international legal precedents. Prior to ICC, there have been institutions of international scope to prosecute or arbitrate issues at the global level. The ICC is one addition to these international legal institutions, with additional layers of international legal implications.

The ICC launched the first case against the Lord’s Resistance Army (LRA), a notorious rebel group from Northern Uganda, which is terrorizing civilians in four countries of Uganda, South Sudan, Congo and Central African Republic. As a result of its investigation, the ICC indicted five of the top leaders of LRA. Even though all the LRA indictees are on run, the ICC Prosecutor continued with investigating other alleged crimes. And, when the ICC opened its case in Darfur region of Sudan, it indicted a seating President of the regime in Khartoum, Omar Hassan al-Bashir on counts of war crimes, crime against humanity, and genocide. It became clear that the ICC has set the highest bar in pursuing world’s criminals; no matter their status—current or past, the criminals will be sought after.

In addition to indicting President al-Bashir, the ICC also secured arrest warrants for Ahmad Muhammad Haroun, Ali Muhammad Ali Abd-Al-Rahman; the henchmen of President al-Bashir. The court also issued arrest warrants against the Darfur rebel commanders who include Bahar Idris Abu Garda, Abdallah Banda Abakaer Nourain, and Saleh Mohammed Jerbo Jamus. The ICC investigation in Darfur is far from over as more officials; most likely from Khartoum could be added in the list of the accused. For example, Vice President Ali Othman Taha is identified by ICC as the person responsible for the release of Janjaweed militia leader Musa Hilal from a Port Sudan jail, where he was subsequently deployed in Darfur and alleged to have committed war crimes. Even though Prosecutor Ocampo acknowledges that he is not currently pursuing a criminal case against high profile targets in Khartoum, such as Vice President Taha, he never ruled out prosecuting them in the future if new incriminating evidence surface.

At the heart of Ocambo’s prosecutions, is an attempt to institute justice, stop impunity, and promote peace and stability. Nonetheless, in Sudan’s Darfur region, the war is still raging with no end in sight. Atrocities continue to be committed on a wide scale and all the indicted criminals are at large, with some still holding important positions within the government of Khartoum.

These facts underscore the challenges ICC is facing and particularly heightened the concerns of Prosecutor Ocampo. For instance, the fugitive President al-Bashir is still in the helm of decision making for the entire country, despite his criminal activities and outstanding arrest warrant. The ICC expects that President al-Bashir will be arrested by any of the governments of the countries that he travels to as a matter of their international obligations. Though the fear of arrest forced President al-Bashir to limit his travels to only specific friendly countries, his apprehension has proven to be difficult; he is potentially a dangerous person bound to commit more atrocities.

Another international fugitive character who remains a major concern to ICC Prosecutor Ocampo is Ahmad Muhammad Haroun. Haroun enjoys wide privilege within Khartoum regime. As a Minister of State for Interior and in charge of the ‘Darfur Security Desk,’ Haroun oversaw the mass exterminations of Darfuris as they were massacred, raped, and driven from their ancestral homes. Haroun was largely responsible for the scotch-earth policy, which devastated Darfur in period of 2003 through 2005. By 2006, Haroun was yet promoted into another significant position linked to Khartoum genocidal policy. Paradoxically, he was tapped to the position of Minister of State for Humanitarian Affairs. During his tenure, humanitarian situation in Darfur deteriorated, prompting the ICC Prosecutor to charge that Khartoum was promoting genocide in Darfur through other means, by denying Darfuris access to humanitarian assistance.

Due to heightened tension between the South and Khartoum as the South Sudan referendum looms, the same character—Ahmad Muhammad Haroun again becomes the center of much concern and worries. Haroun is the governor of Southern Kordofan, an epicenter, where most analysts predict that if there is going to be a war between the South and Khartoum, it will likely start in Southern Kordofan, Abyei in particular—an oil rich area, which is being contested between the South and Khartoum. As the architect and expert of ethnic cleansing in Darfur, it is apparent that Haroun brings the same experience along South-North borders. There are already reports that the Arab Messeria in the area are being armed and sent into Abyei. In spite of the indictment, Khartoum still uses Haroun to promote the same genocidal agenda.

With these fugitives still on a loose, Prosecutor Ocampo is going around the world highlighting not just the crimes they have committed, but also the potential danger they pose. In the case of Sudan, the same individuals who commit crimes in Darfur will likely repeat it in South Sudan if they are allowed the free reign. It was not by accident that Prosecutor Ocampo and president of South Sudan Salva Kiir shared a platform in Washington, D.C. at 40th annual Congressional Black Caucus. The Congressional Black Caucus featured President Kiir as a keynote speaker, while Prosecutor Ocampo was given platform for commentary. The Congressional Black Caucus left no doubt on where it stands on issue of Sudan. World leaders, particularly the US administration should follow suit with the Congressional Black Caucus for justice, peace and stability to prevail in the Sudan.

Steve Paterno is the author of The Rev. Fr. Saturnino Lohure, A Romain Catholic Priest Turned Rebel. He can be reached at [email protected]