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ICC judges allow pro-Sudan groups to rebut genocide appeal

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September 22, 2009 (WASHINGTON) — The appeals chamber at the International Criminal Court (ICC) permitted pro-government Sudanese groups to submit observations regarding an appeal by the prosecutor for including counts of genocide against president Omer Hassan Al-Bashir.

Last March, the ICC Pre-Trial Chamber I refused to endorse genocide charges in the prosecutor’s request to issue an arrest warrant for Bashir in connection with war crimes committed in Darfur. The ICC warrant includes only seven counts of war crimes and crimes against humanity.

In July the ICC prosecutor Luis Moreno-Ocampo filed an appeal asking the appellate chamber to reverse the Pre-Trial Chamber I finding on the genocide counts.

Sudan Workers Trade Unions Federation (SWTUF) and the Sudan International Defense Group (SIDG) have contracted Sir Geoffrey Nice, former senior trial attorney at the Yugoslavian War Crimes Tribunal at The Hague, and Rodney Dixon to represent them in the proceedings relating to the Darfur case.

The two groups submitted briefs to the judges contending that the prosecutor has relied on erroneous and unreliable sources as well as making unfounded inferences from the facts he compiled.

However, the ICC prosecutor responded to the petition by asserting that the application violates the rules and procedures of the court because it failed to ask for permission to appeal and outlining the facts of law in question.

He also said that the two groups are not “friends of the courts” and are government proxies seeking to contest the initiation of prosecution against Bashir.

The judges at the appeals chamber appeared to reach a compromise by allowing the pro-Sudan groups to take part in the proceedings on genocide charges but said that it “must be limited to the issue of whether the Pre-Trial Chamber applied the correct legal test under article 58 of the Statute to determine whether there are reasonable grounds to believe that Omar Hassan Ahmad Al Bashir is criminally responsible”.

Observations are to be filed by Friday September 25th and the prosecutor may respond by Friday October 2nd.

Khartoum has denied any links to the two groups but a number of SIDG secretariat members have met with Sudanese officials last year who vowed to support them.

Sudan has said it may deal with the court through a third party, which may include an ICC state party or a law firm.

The groups have submitted several requests to the judges seeking to stall the arrest warrant for Bashir but were ultimately rejected.

(ST)

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  • 23 September 2009 09:05, by murlescrewed

    Let the criminal al Bashir get his fat ass to The Hague and defend himself. He is such a coward. Recently, a brave Darfuri rebel went to COurt to answer his accusation against him. That is the measure of a real man.

    repondre message

  • 23 September 2009 09:45, by oshay

    Finally the judges are waking up to the total embarrasment ocampo has brought to the court by touching Bashir, they even had to go against the rule by allowing pro sudanese groups to appeal in order to clear Bashir at any cost and save the image of the court but it is now too little too late.

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    • 23 September 2009 10:09, by Koolman

      For how long will you(Bashir) continue to dodge Ocampo,
      this guy is the mighty one. I can assure you one day you will fine yourself cleaning the toilet of Ocampo the great in the Hague.Criminal like you have no place to live in this modern world except for your dam sudan

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      • 23 September 2009 11:55, by okucu pa lotinokwan

        OSHEY, YOU AND OMER BASHIR ARE BIRBS OF THE SAME FEATHER FOR SURE AND IT IS NOT JUST ONE CAN GIVE A CONMENT ON SUDANTRIBUNE WITE SITE OMER BASHIR ALREADY IS AN AREST MAN HIS TIME WILL COME, WHEN OSHEY I DON,T KWOWN WHAT NONSENSE YOU WILL CONTRIBUTE FOR SUPPORTING YOUR GENOCIDE LEADER WHO KILLED MANY INOCENT CIVILIAN IN DARFUR.

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    • 23 September 2009 12:36, by Aduol Liet

      Sohay.

      It is not too late nor too little, just remember that, your uncle killer Omar Hassan al Bashir will not go anywhere in the world. Every one must obey the rule of Law Internationally therefore, you might never know when they will rule out but I am positive that Omar al Bashir will be arrested sooner or kill if possible.

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      • 23 September 2009 16:29, by telfajbago

        the appeal should not be given any consideration as the genocide is still going unabated.the court should accelerate catching up AL Bashir and his gangs if the ICC process was really intended to save the lives of the innocent people,and I think to much time was wasted in the court bureaucratic measures while people are dying.

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        • 23 September 2009 17:37, by Sudani Logik

          There never was Genocide in Darfur and certainly what’s going on right now is far from Genocide. Bashir maybe the worst leader in Sudan’s history but to continue spreading these lies is none-sensical.

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  • 23 September 2009 16:47, by Madit Barach Dau

    This is what I expect from President Bashir to challenge the war crimes charges brought against him by the ICC Prosecutor in Court of law in Hague and not shouting outside making unnecessary pronouncement against western world.

    Innocent person does not fear court but guilty has alot of trepidation or fear. Am 100% sure the Court of law will finds Omer Bashir guilty of all the charges unless it is a kangoor court, The evidences are overwhelming for Bashir to escape life imprisonment notewithstanding this is Europe where death is abolished otherwise if it is USA he will electrocuted or Hang like his cousin devil Saddam Hussein.

    Madit Barach Dau.

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    • 23 September 2009 18:15, by DASODIKO

      Arab Jalaba system should learn the justice and tolerance from the west that they hate them just for the knowledge gifted by GOD for them. The Bashir Islamic fundamentalist genocidal regime in Khartoum refused for the Darfuris accused for the killing of Journalist Mohamed Taha to have even a lawyer let alone to appeal.

      However, these are just; legal procedures of the legal rights for Al- Bashir to practice but will never make him innocent for the crimes he committed against the innocent civilians of Darfur. The statement of Bashir on Sudan TV, where he said that only were 10,000 will condemn him to death let alone the other documents in the possession of the ICC. So let us wait and see.

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  • 23 September 2009 18:38, by Angelo Achuil

    Anybody who denies there was genocide in Darfur either don’t know the meaning of the word "’Genocide - mass killing of a specific or targeted group of people- wipping them out partially or completely’" or never watched any news, or is truly a friend to those Janjaweed.
    Those trying to polish up Bashire’s image in court don’t truly care about justice, truth or human life or even Bashire’s welfare, all they care is their meal (money) from the government.

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  • 24 September 2009 00:07, by Samson Shawel Ambaye

    God be with Right Honorable Prosecutor Luis Moreno- Ocampo ICC UNSC and all anti- genocide organizations and activists.

    Genocide criminal Bashir acknowledged his killings of 10.000 Darfurians. His 10.000 dead victims of Darfur are enough to arrest him.

    repondre message

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