UNRIC MAGAZINE July Edition 2009

Issue No. 32, July 2009
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Home International Justice Arrest of Sudanese fugitives priority for ICC, Prosecutor tells Security Council

Arrest of Sudanese fugitives priority for ICC, Prosecutor tells Security Council

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ICCBuildingThe Prosecutor of the International Criminal Court (ICC) said on 5 June that his priorities over the next few months include continued monitoring of crimes in Sudan's war-torn Darfur region and the arrest of fugitives, including the country's leader, President Omar Al-Bashir.

The Court, which is based in The Hague, issued an arrest warrant for Mr. Al-Bashir on 4 March for alleged war crimes and crimes against humanity committed in Darfur, where an estimated 300,000 people have died since 2003 due to fighting between Government forces and allied Arab militiamen, known as the Janjaweed.

"The arrest warrant concerning President Al-Bashir has been sent to the Sudanese authorities. The Government of the Sudan has the responsibility to arrest him," Prosecutor Luis Moreno-Ocampo told the Security Council, stressing the country's legal obligations under the UN Charter and Security Council resolution 1593, a resolution which had referred the situation in Darfur to the ICC in March 2005.

"We are at a crossroads. The next six months will be crucial," the Prosecutor said. "There is a generation of victims faced with two options: they can leave the camps and die the same day; they can remain in the camps and die the day after. Violence will bring no victory. For the sake of the Darfur civilians, all parties to the conflict have to stop resorting to violence. This is the absolute priority."

Mr. Al-Bashir became the first sitting Head of State to be indicted by the Court, which charged him with two counts of war crimes and five counts of crimes against humanity. The ICC's pre-trial chamber found there was insufficient evidence to charge him with genocide, but stressed that if the prosecution presents additional evidence the warrant could be amended at a later date.

Mr Moreno-Ocampo stressed that the Sudanese authorities also have the duty to arrest government minister Ahmed Harun and Janjaweed leader Ali Kushyab, both of whom have also been indicted by the Court.

States parties to the Rome Statute, which created the ICC, have the responsibility to arrest and surrender any indictee travelling to their territory; there is no immunity under the Rome Statute. While States not party to the Statute have no such legal obligation, the Prosecutor pointed out that resolution 1593 urges them to cooperate fully with the Court.

The Prosecutor informed the Council that he does not plan to open a new investigation during the next six months but will continue to review new information of ongoing crimes. Among other things, he will focus on the spill over of violence from Darfur into neighbouring Chad, as well as the use of child soldiers by different parties, including some rebel movements.

 

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