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Failure to arrest Sudan’s al-Bashir undermines impunity: ICC prosecutor

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December 12, 2017 (KHARTOUM) - The international community’s lack of cooperation with the International Criminal Court (ICC) to arrest Sudanese president damage UN efforts to hold accountable those responsible for genocide and crimes against humanity, Fatou Bensouda told the Security Council on Tuesday.

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Fatou Bensouda, Prosecutor of the International Criminal Court (ICC), briefs the Security Council at a meeting on the situation in Darfur (UN Photo)

Bensouda made her remark in the ICC twenty-sixth report to the Security Council which referred the case of Darfur crimes to the ICC in March 2005.

The war crimes court issued two arrest warrants for the Sudanese president the first was issued on 4 March 2009, the second on 12 July 2010. However, he used to travel across the world and with the support of the African Union and Arab League.

The Prosecutor called on the Security Council to "prioritise action" on the arrest of the first sitting Head of State to be indicted by the war crimes court, stressing that there "no justification for States Parties" to fail to arrest an ICC suspect "irrespective of that person’s official status".

"This costly inaction has the potential to undermine the fight against impunity, the effect of which is to lower the bar of accountability that many have fought to raise," Bensouda said.

"This continuous nonfeasance only serves to embolden others to invite Mr a1-Bashir to their territory, safe in the knowledge that there will be no consequences from this Council for such breaches," she added.

On Monday, the court said that Jordan was non-compliant when al-Bashir visited Amman in March 2017 for an Arab meeting and decided to refer the matter to the Assembly of States Parties of the Rome Statute and to the Security Council.

The 15-member body has the power to impose sanctions for a failure to cooperate with the ICC, however, so far it did not act on court referrals.

South Africa, Uganda, Chad and Kenya are all members of the Hague-based court but it didn’t take such a measure against them. several African countries threatened to withdraw from the court in the past.

(ST)

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  • 13 December 2017 16:56, by Khent

    The ICC is nothing but the inglorious rebirth of imperial démodé. As if to mock the very concept of international law, France ratified the statute of this pseudo court but declared that it did not recognize its jurisdiction over war crimes except when alleged to have been committed by non-French citizens or on non-French territories.

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    • 13 December 2017 16:58, by Khent

      The Europeans provide over 60% of the funding for the ICC. Money rules the roost — the golden rule is simple: the one with the gold, rules. It matters not how many impoverished, indebted, occupied and sycophantic countries join this absurd institution. The ICC is an unaccountable, diseased pus spewing European boil!

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      • 13 December 2017 17:03, by Khent

        Bashir is a mass-murderer but the ICC is a deeply flawed institution that will clearly be used for Western interests; if it does not apply equally to Western and non-Western countries alike, then it’s worthless.

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