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ICC will not investigate JEM attack on Sudanese capital

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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.

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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.

(ST)

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  • 24 November 2008 05:53, by Ajang Aguer Pageer

    Ocampo can’t discredit himself and the court(ICC) by considering JEM’s attack on Omdurman as a crime.For those who do not know,the main aim of the attack was to alert the world(arab world) and the sleeping Sudanese in Omdurman and Khartoum who are always told that SAF had crushed Darfur rebels and they just believe it!!

    After all,no law, which considers self defense as a crime on the planet at the moment.

    Reply to this message

  • 24 November 2008 06:59, by Mr Famous Big_Logic_Boy

    JEM remains JEM on their rights, the attack by JEM was a freshment for al bashir to stop the genocide not something to be discuss by ICC. I condemne that none of JEM rebel or soldiers must be questioned about the incidence which had happened, it is not a big deal since they haven’t kill anyone on their attack. What i knew is that they burnt a car not a new but an old toyota. Probably if ICC is to ask that attack, I firstly would like the ICC to ask al bashir about his killing of under age JEM rebels who were arrested. I don’t think you the supporters of al bashir will have any trick to convince the ICC.

    Logic is hand in hand with OCampo request and ICC process of bringing peace and unity into this country

    Reply to this message

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