Email
Print
Save
March 12, 2009 (WASHINGTON) — The prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo requested permission to appeal a decision by the judges that scrapped genocide charges in an arrest warrant issued for Sudanese president Omer Hassan Al-Bashir.
- International Criminal Court’s (ICC) prosecutor Luis Moreno Ocampo comments on the warrant of arrest against Sudan’s President Omar Hassan al-Bashir at the ICC in the Hague March 4, 2009 (Reuters)
Last week the judges of the Pre-Trial Chamber I issued an arrest warrant for Bashir on seven counts of war crimes and crimes against humanity, which include murder, rape and torture.
However the majority at the Chamber decided that the evidence presented by the prosecutor does not meet the threshold required by Genocide convention and Rome Statue to establish that the gravest crime has been committed in Darfur.
The ICC prosecutor has said that he will review the judges’ decision on the genocide counts before deciding on how to proceed.
Genocide is generally defined as the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group.
Ocampo accused Al-Bashir of masterminding a campaign to get rid of the African tribes in Darfur; Fur, Masalit and Zaghawa.
The prosecutor’s application for appeal that was made public today contends that in its decision the Chamber “imposes an evidentiary burden that is inappropriate for this early procedural stage”.
“The decision contains fundamental errors that not only invalidate it, but will also unavoidably taint any subsequent assessment of fresh evidence brought by the Prosecution, thus affecting the fair and expeditious conduct of the proceedings” the application reads.
The prosecutor central argument is that the Rome Statute only requires the judges to affirm that there is “reasonable evidence” that an individual committed a certain crime for the issuance if an arrest warrant.
He suggests that the judges applied a higher threshold of evidentiary proof than required at this stage of the proceedings.
In removing the genocide counts the judges questioned as to why the crime of genocide was not pressed by the prosecutor in the 2007 cases against Ahmed Haroun, state minister for humanitarian affairs and against militia commander Ali Mohamed Ali Abdel Rahman, also know as Ali Kushayb.
“The Prosecution submits that Haroun’s statements acquire genocidal significance in the context of Al Bashir’s use of the entire state apparatus to commit the crimes, including, but not limited, the key role assigned to Haroun”.
The application makes frequent references to Latvian Judge Anita Usacka in Pre-Trial Chamber who approved the genocide charges dissenting from her other two peers.
However the other two judges have left the door open for the prosecutor to appeal the rejection of genocide counts if he presents new evidence.
Before proceeding to the appeals Chamber, the ICC Pre-Trial judges must determine that the issues raised by the prosecutor qualify as appealable.
Separately the ICC today released copies of arrest warrant transmitted to Sudan, members of the UN Security Council (UNSC) as well as countries which ratified the Rome Statute.
Sudan has not ratified the Rome Statute, but the UN Security Council 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)
Latest Comments & Analysis
South Sudan politics and St. Teresa’s affairs 2019-12-16 20:13:29 By Zechariah Makuach Maror South Sudan is a country where people are politically acquainted with their descendant's clan and tribal asserts which becomes a powerful culture that overcomes laws (...)
Implications of al-Bashir’s regime dismantling 2019-12-12 21:08:55 By Alhadi A. Khalifa The enactment of the law of dismantling the regime of Omar Albashir on 28 November 2019 represents a turning point in the march of the Sudanese revolution given its (...)
Security Arrangements in Sudan: Achilles heels of peace and democratic transformation 2019-12-10 05:47:59 By Elwathig Kameir This article is intended to act as an eye-opener for all the Sudanese political forces. It aims to shed light on the huge challenges that will be faced by the December (...)
MORE