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ICC judges receive 700 pages of additional evidence on Bashir warrant

By Wasil Ali

November 21, 2008 (WASHINGTON) — The prosecutor of the International Criminal Court (ICC) submitted to the judges last Monday more than 700 pages of additional supporting material on the his application requesting the issuance of an arrest warrant for Sudanese president Omer Hassan Al-Bashir.

Sudanese President Omar Hassan al-Bashir (Reuters)
Sudanese President Omar Hassan al-Bashir (Reuters)
On October 15th the judges of the Pre-Trial Chamber I which is handling the case against Al-Bashir said in court documents that there are aspects of the ICC prosecutor’s application which require “additional supporting materials”.

The judges of the Pre-Trial Chamber I consist of Akua Kuenyehia from Ghana, Sylvia Steiner from Brazil and Anita Usacka from Latvia.

The judges attached a confidential annex to their request which contained items for which the prosecutor is required to furnish extra documentation by November 17th.

The annex contained seven questions believed to be related to the charges of genocide contained in the counts against Al-Bashir.

In mid-July the ICC’s prosecutor Luis Moreno- Ocampo filed 10 charges: three counts of genocide, five of crimes against humanity and two of murder and accused Al-Bashir of masterminding a campaign to get rid of the African tribes in Darfur; Fur, Masalit and Zaghawa.

The prosecutor submitted a response to the judges consisting of 17 parts that contained additional documents and more than 200 excerpts of witnesses’ statements.

In each of the answers provided to the questions Ocampo provided a table listing the supporting evidence in his possession relating to the issue being considered.

The filing stated that one of the confidential annexes contained a “648 page Matrix of all materials referred to in Prosecution’s Application of 14 July 2008 linked to relevant issues comprising 969 excerpts from witness statements and other documentary evidence”.

Furthermore the prosecutor attached “individual items of supporting materials provided together with this filing comprising 101 of documents including additional witness statements and other documentary evidence”.

On October 1st the ICC judges met with Ocampo for over 3 hours in a closed session for oral discussions on his case against Sudanese president. The transcript of the hearing has not been released.

Ocampo was present at the hearing along with Essa Faal from Gambia working as the senior Trial lawyer on the Bashir case.

ICC Judges routinely meet with the prosecutor following a request submitted by him for an arrest warrant or summons to appear to question aspects of the case before making a decision.

The Sudanese government hailed the ICC judges request for additional and saw it as a sign of a “weak case”.

An unidentified Sudanese official speaking to the daily Al-Sharq Al-Awsat published in London last month said that judges’ request “proves that Ocampo’s evidence is weak and fabricated and that Al-Bashir is innocent”.

The head of the Sudanese lawyers syndicate Fathi Khalil also said that the judges found that the evidence is non-compelling to build a case.

Khalil said that the prosecutor exceeded his mandate by the UN Security Council (UNSC) which did not find genocide being committed in Darfur.

Sudanese newspapers described the judges’ decision as an indication that Al-Bashir will be able to escape an arrest warrant.

Even though the questions asked by the judges are not known, the matrixes provided for every question suggests that they may have requested a summary of the evidence to address specific parts of the case.

The prosecutor’s July application well exceeded the 50 page limit mandated by the ICC rules. The rule can be suspended if prosecutor request it from the judges and it is granted.

Many observers are anxiously waiting to see whether the judges will endorse genocide counts brought against the Sudanese president which are likely to have political consequences particularly for Khartoum’s allies in the Arab world and Africa.

European Union (EU) rules prohibit its officials from communicating with individuals indicted of war crimes.

Some legal experts have expressed skepticism over whether the ICC prosecutor is in possession of evidence that establishes the genocide counts which requires a higher threshold.

But Ocampo insisted that he has a “strong case” on the counts of genocide.

Genocide is legally defined as acts committed “with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.

So far the ICC prosecutor has maintained a 100% success rate in all the requests for arrest warrants he previously made to the judges in the other cases handled by the court.

To issue an arrest warrant on the charges filed by the prosecutor the ICC judges have to be convinced that there are ‘reasonable grounds’ that the individual(s) committed the crimes listed in the filing.

Once the individual(s) are in custody a confirmation of charges hearing is held before a trial is commenced. The judges could confirm or decline the charges for which an arrest warrant was issued.

If the judges affirm Ocampo’s application Al-Bashir will be the first sitting head of state indicted while in office of war crimes.

It is unlikely that the Judges would reach a decision before they go into recess mid-December. Furthermore they could request further clarifications or information from the prosecutor.

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)

17 Comments

  • Mr Famous Big_Logic_Boy
    Mr Famous Big_Logic_Boy

    ICC judges receive 700 pages of additional evidence on Bashir warrant
    Ocampo God knows how much he will give you in your struggle and all the means of bringing justic. Those criminals who support their newspaper are suppose to be charged by ICC, I quote in couple of weeks al bashir was dancing that ICC is just buzzing like a mosquito, how about now when the mosquito is approaching to insert it’s needle on your skin. would you be able to escape? Those al bashir supporerst like AU,AL,NAM and OIC will never have any clue to veto al bashir arrest or persuading ICC with any means. Mr Ocampo for our own sake we will never forget you in the history of Sudan and the World in particular, for being as a wise person who deserve better nation and living condition.

    The love that you have shown to the people of durfur and Sudan in general is a great point that Sudan will never lose its relation with USA. This process of issuing an arrest for al bashir is much benefiting more than the CPA of South or durfur people, it is one of the highest route of bringing unity, peace and democracy into this devastated nation of South, durfur and Sudan in general. Arresting al bashir has nothing to with the peace keepers in durfur or the CPA in South, it is unwise for some people including those of AU and AL complaining that this request of al bashir arrest will change the situation in durfur and the future of CPA in south. It is a political motivation of preventing al bashir from being hang like his fellow brother of Iraq.

    Nevertheless, i strongle urge that ICC must not make another attempt of requesting Ocampo to supply more eveidence, because this 700 files are actually enough to prove everything about the genocide and other crimes committed in durfur. It is time for ICC to think about how to send Ocampo’s wheelborrow to pick with his pursuited ape arabic man known as al bashir. ICC need to be realistic to the effort that Ocampo has been working on and it is time for Sudanese to prepare for ungettable ceremony in the history of this nation.

    However for those who may feel like orphans when al bashir is arrest will think about themselves, ie stay or surrender Sudan or Africa, it is unhealthy that we should keep look ing at al bashir while is destroying our people and African skin in particular. I think it is bad for us to make any revenged to those arabs just pick the one who spoil the whole of arabs to enjoy their own action, and for the black chemelones like Bona Malulu we will deal with them accordingly.They are like foxes stealing at night, but hiding during the day time from been chase by dogs.

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

    Reply
  • Freedom Fighter
    Freedom Fighter

    ICC judges receive 700 pages of additional evidence on Bashir warrant
    Great News, I have a dream today that one day Jallaba state will collapse, and the people of Sudan will regain their sovereignty over their Land which they have been long deprived from for centuries. I have a dream today that one day justice will run down in Darfur like the rain, and the peole will again see smile and hope. Mr. Ocambo let the bell of freedom ring over the Sudan and entire African continent as well. You’re a true human being who is full with compassion for humanity and love for powerless african people. Thank you, thank you. Your good work this brings to my heart little hope for the new dawn in my beloved country.

    Reply
  • omons stephen
    omons stephen

    ICC judges receive 700 pages of additional evidence on Bashir warrant
    Bravo, Ocampo for having a bold and admen decision of producing 700 pages as evidence against the act of crime and genocide in Darfur. This time the ICC will comply with you and bring the master minded devil to justice.

    Reply
  • Ahmed
    Ahmed

    ICC judges receive 700 pages of additional evidence on Bashir warrant
    well i need every one here to remember what im sayin, keep it in mind coz this is what will happen. OK

    MR. president al basher will not be arrest and the relation between US nd sudan will be perfect and north nd south of sudan will be together as one country called SUDAN, And Mr. al bashir will still be the president. (this what will happen).

    But let me talk about the other side of the story, lets say al bashir is arrested, who will be the next president of sudan?? do u think salvakir or any one from south no i dont think so neither from darfur, before arresting al bashir we should hve the alternative president WHO IS HE??
    nd in this case every leader in sudan would like to be a president that means its a civil war mr. occampu hell yea the country will go down, think people for god sake if u have faith or if u love sudan as one great country dont think if al bashir will go a leader will come from the south nah it will turn to a civil war, think people nd god bless sudan.

    Reply
  • Professor Naorem Sanajaoba,Assam,India
    Professor Naorem Sanajaoba,Assam,India

    ICC judges receive 700 pages of additional evidence on Bashir warrant
    300,000 DEAD SUDANESE AND 2.7 MILLION DISPLACED SUDANESE WANT JUSTICE IN THE TRIAL OF BASHIR BY THE ICC.

    Peace could be restored by the peacekeepers in 3 decades or so.No peace would be complete without trial of all the indicted persons-president or minister or rebel leaders of all tribes whosover.The accused is entitled to full international defence.

    Africa deserves the status of another super power after two centuries and we have to kick off from now on.West had looted Africa and now, Afrikaaners are robbing Afrikaaners.Bush has tried to become a good man in a few days before he quits office.Ms Rice,the new African bureau chief of the USA after Januray 20,2009 could be tough against murderers in highest position.

    Bashir should be indicted, prosecuted and tried by the ICC while the peace process continues alongside.Africa needs justice, progress and ,for this she has to rise above petty tribal feuds that Bashir leads.Be brave,Bashir defend yourself before the ICC.If you are found innocent, the ICC shall release you, then you will be re-elected several times over.Rise to justice-Bashir.

    Reply
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