INTERVIEW: ICC prosecutor may open new Darfur cases next year

December 8, 2010 (WASHINGTON) – The prosecutor’s office at the International Criminal Court (ICC) will decide next year whether there are new cases that warrant investigations in war-ravaged area of Darfur in Western Sudan.

“We will decide next year whether we can open new cases [in Darfur] and prosecute suspects,” ICC prosecutor Luis Moreno-Ocampo told Sudan Tribune by phone from New York.

He said that his office will have to evaluate the information in their possession on any new crimes before making any decisions.

Ocampo will brief the UN Security Council (UNSC) on Thursday about the progress of his Darfur investigations pursuant to resolution 1593 in 2005 which referred the situation in the region to the ICC under Chapter VII.

The Sudanese government has refused to recognize the jurisdiction of the Hague tribunal despite cooperating with it between the years of 2005-2007. However, the council has been reluctant to enforce cooperation of Khartoum as it focuses on the South Sudan referendum scheduled for next year is marred by high tensions between the two ex-foes.

The ICC prosecutor said he will tell the council that crimes and genocide continue to be committed in Darfur where more than 2.7 million have been displaced since the conflict erupted in 2003.

The court has so far charged 3 individuals from the government side including president Omer Hassan Al-Bashir whose indictment has generated controversy throughout the world particularly in Africa which rallied behind the Sudanese leader and pledged to protect him from arrest.

Chad and Kenya, both full members of the court, have breached their obligations under the Rome Statute and received Bashir this year without apprehending him.

But Ocampo downplayed these incidents and stressed that all ICC members have legal duties irrespective of political considerations.

“He [Bashir] tried to visit Kenya again but was turned away. He is practically under house arrest,” he added.

Last week Bashir was forced to cancel appearances at events Libya and the Central African Republic (CAR) after both countries asked him to stay away as a result of diplomatic pressure by European Union (EU).

Today the ICC judges commenced the confirmation of charges hearings against two rebel leaders accused of carrying out an attack against African Union troops in 2007.

The attack killed twelve soldiers and severely injured eight others who were mainly from Nigeria, Senegal, Mali and Botswana. It was the deadliest single attack on the peacekeepers since they began their mission in late 2004.

The two accused men, who are not in custody, appeared before the court in June but waived their right to be present at the current hearings.

Last October, the prosecution at the ICC and the defense of the two men filed a joint motion before the Pre-Trial Chamber informing the judges of an agreement between the parties.

“The parties agreed that the facts contained in the document containing the charges, which the judges are encouraged to consider, as being proven for the purpose of the confirmation hearing…..the Defence waived its rights to challenge the prosecution evidence, present its own evidence or contest the charges during the hearing. The approach agreed by the parties will involve a limited oral presentation by the Prosecution and the Legal Representatives for Victims as may be ordered by the Chamber,” said the prosecutor’s office.

A source at the prosecutor office said that the confirmation of charges hearings may only last for a couple of days.

Ocampo told Sudan Tribune he believes the agreement with the defense was a result of the strong evidence he had against Banda and Jerbo.

“We have witnesses who saw them leading the attack so the facts are clear. They may seek to justify the attack by saying that the peacekeepers were corroborating with [Sudanese] government,” he said which make them legitimate military targets in their views.

But he stressed that these are his speculations on why the defense has decided not to contest the charges at the confirmation hearings.

The rebel commanders described themselves as revolutionaries when they appeared voluntarily in court in June, saying they would clear their names in the case.

“Banda and Jerbo personally led and physically participated in the attack,” ICC senior trial lawyer Essa Faal told the court, citing witnesses.

“Abdallah Banda was in the convoy in the front … We arrived at the base and then immediately started firing at the base,” according to one witness statement read out in court.

“Saleh Jerbo opened fire on the AU forces. The AU responded but they were shooting in the air,” read another witness statement.

Three rebel leaders were charged over the killings, but the ICC in February dismissed the charges against Bahr Idris Abu Garda.

The pre-trial chamber must decide within 60 days of the hearing whether Banda and Jerbo should stand trial.

(ST)