November 23, 2008 (WASHINGTON) — The International Criminal Court (ICC) has no plans of investigating the assault by Darfur Justice and Equality Movement (JEM) on the Sudanese capital that took place last May, a court official said.

- Abdul Aziz Ashr, brother-in-law of Justice and Equality Movement (JEM) leader Khalil Ibrahim (R), and unidentified co-defendants are seen behind the bars in court during a hearing in North Khartoum in which the top Darfur rebel and seven others were sentenced to death on August 17, 2008 (AFP)
The ICC prosecutor Luis Moreno-Ocampo was quoted by the UN radio in South Sudan (Miraya FM) as saying in an interview that he will present a new case on the JEM attack next year.
But an ICC official denied that the prosecutor made any such statement stressing that the attack does not fall within the court’s jurisdiction.
“The UN Security Council (UNSC) resolution 1593 authorizes the ICC to investigate crimes within the territory of Darfur only. The mandate does not extend to include other parts of Sudan” the ICC official who asked not to be named told Sudan Tribune.
“The Omdurman attack is not within our jurisdiction and therefore no investigation on it is underway” the official added.
More than 222 people were killed when rebels thrust more than 1,000 kilometres (600 miles) across the sandy expanse from western Sudan’s region of Darfur to Omdurman, just across the River Nile from the presidential palace.
Two Sudanese special courts sentenced dozens of captured JEM fighters to death over the attack. The death penalty did not go into effect pending approval from Sudan’s president.
The ICC is a permanent court that tries persons accused of the most serious crimes of genocide, crimes against humanity and war crimes.
The court has two pending cases on Darfur including one against Sudanese president Omer Hassan Al-Bashir and three unidentified rebel commanders.
Sudan has not ratified the Rome Statute, but the UN Security Council (UNSC) triggered the provisions under the Statute that enables it to refer situations in non-State parties to the world court if it deems that it is a threat to international peace and security.
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