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Sudan hails AU decision on ICC

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July 4, 2009 (KHARTOUM) — The Sudanese government lauded the African Union (AU) resolution granting immunity to president Omer Hassan Al-Bashir from arrest in the continent.

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President of South Africa Jacob Zuma delivers a statement after the conclusion of the closing session at the third day of the 13th African Union summit of heads of state and government in Sirte, Libya Friday, July 3, 2009 (AP)

The AU summit concluded in Libya this week said that the African members of International Criminal Court (ICC) will not execute the outstanding arrest warrant against Bashir issued last March.

Bashir is accused by the court of committing war crimes in the Western region of Darfur since 2003.

The Libyan backed clause in the resolution overcame resistance from some countries including Ghana, Botswana and Chad, all of which are ICC members.

The Rome Statute which forms the basis of the ICC puts legal obligation on the members states for the apprehension of individuals wanted by the court if he arrives in their territories.

The Sudanese foreign minister spokesperson Ali Al-Sadiq said that Bashir is now free to travel to any African country without fear of arrest.

This year Botswana and South Africa have publicly announced that they will apprehend the Sudanese head of state if he visits. However Djibouti and Comoros Island announced that they will not honor their obligations under the Rome Statute.

But Al-Sadiq suggested that South Africa’s stance has changed.

“Maybe at one point, the new South African government expressed some negative views ... As South Africa was part of the decision at Sirte, it implies that this means he would be able to travel there” Al-Sadiq said.

“As far as we are concerned, whenever there are meetings in the African continent, or in Arab countries, he will go there,” he added.

The legal aspects of the decision at the Sirte summit are unclear. International treaties ratified by a state are binding in whole unless it decides to withdraw from it altogether.

Al-Sadiq said he thought the AU decisions are binding to its members, so Bashir would not have to wait for further approval from the parliaments of each state.

The London based Al-Sharq Al-Awsat quoted the South African president Jacob Zuma as saying that the African stance on the issue did not change against the ICC adding that peace be achieved in Darfur before thinking about reaching a decision on Bashir.

Darfur rebels and human rights organizations condemned the decision saying it grants impunity to a war indicted individual.

In 2004 the UNSC formed a UN commission of inquiry to look into Darfur abuses headed by former President of the International Criminal Tribunal for the Former Yugoslavia (ICTY) Italian Antonio Cassese.

The five-member commission included three African figures from Ghana, South Africa and Egypt.

The commission concluded that the government did not pursue a policy of genocide in the Darfur region but that Khartoum and government-sponsored Arab militias known as the Janjaweed engaged in “widespread and systematic” abuse that may constitute crimes against humanity.

They further said that Sudanese judiciary is “is unable or unwilling” to prosecute those crimes and thus recommended referring the situation to the ICC.

The UNSC issued resolution 1593 under chapter VII in March 2005 referring the situation in Darfur to the ICC. At the time Tanzania and Benin voted in support of the resolution while Algeria abstained.

(ST)

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  • 5 July 2009 07:28, by Ambago

    Here is a situation that the African continent has wronged itself by reacting in defiance of the international community upon which the war torn continent dwells mostly for humanitarian assistance.

    The 53 member states in the AU have allowed themselves to be fooled by the two Arab leaders, Ghadafi and Al Bashir by allowing the AU to adopt the resolution which dictates that no African country should cooperate with the ICC to arrest President Al Bashir who is needed by the court over counts of war crimes and crimes against humanity that he committed in Darfur.

    Wherever we are heading to, the 30 African countries who rectified the Rome Statue are still bound to respect their commitment to the ICC by arresting any criminal wanted by the court that happens to be on their soil as long as they have not yet officially abandoned their memberships in this international body.

    Besides having stood by the side of the victimizer and abandoned the victims in the Darfur crisis, the AU has failed to be the organisation that deserves any respect as it endorses impunity in broad day light. Otherwise why did they refer the Darfur issue to the UNSC in the first place? Yet they were there when the UNSC decided to refer the case to the ICC and it was their votes that landed the case in The Hague.

    It would have been better had the 30 African countries directly withdrew their memberships from the ICC, than taken such a bizarre position only to please their new master , “Sheik Muammar Al Ghadafi” who is known for his swinging moods.

    And again the AU without any shame is requesting the UN to impose sanctions on Eretria because of the country’s role in Somalia. This is ridiculous. How can the UN again have trust to take seriously any call that comes from such a shaky organisation as the AU who says one thing today and another thing tomorrow?

    Leave Afowerki to do his bit in the continent of impunity just as his close neighbour al Bashir has done his in Darfur. Why deny Eritrea the same AU ticket to commit crimes with impunity while it is the order of the day in the African continent and with a blessing from its heads of state.

    The Serti ( Libya) conference for the AU’s head of states shall be remember in the world history as the day the African leaders turned their backs against their subjects. To hell with the call for the African unity of al Ghadafi and long live to the just struggle of the African people of Darfur and other similar struggles all over the world.

    Dr. Justin Ambago Ramba,
    UK.

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    • 5 July 2009 08:07, by Ly Soso

      Wakeup Dr. this is real politic

      What u are seeing is how things work in our world. What we need are those diplomat who can make lay truthful, and when discovered have second plan to define the lay.

      We can scream all our life, but those in the north know what they want and how they can get it.

      What I like to see is an analysis to what happen at AU and what will happen next

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  • 5 July 2009 08:31, by Ly Soso

    For those Southern interesting in a diplomatic career, here is a good example of wrong politic that work.

    First Northern have work to secure Bashir in the Arab world
    Second in Africa
    Third they will work with next group in their list.
    it does not matter how much or how long they will keep working to get what they want.

    I remeber those days when Al-Bashir use to send members of his party (Students) from Khartoum abroad to ensure Southern Student Abroad are not Influencing foreign politician and diplomat to way South and north in war.

    Hello Southern Let us try to get the Ball........

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    • 5 July 2009 12:09, by Ngolele

      Dr and solo,
      Africans and their leaders are very wise people, if those who ratified the Rome status uninamously declared in Sieti that they will apprehend bashir,no African would dwell in Darfur again, do you know what is happening this days in Daefur? forceful return of the IDP to their inserured villages by the Sudan security organ, intimidation,secret killings and etc.

      Dr, Your analysis are good but cool down, the Sirti out come is not pro bashir. For Zuma of S.A quoted by London based Al Sharg Al- Awsat as saying " the African stance on the issue(apprehand basir) did not change against ICC, adding that peace be achieved in Darfur first before thinking about reaching a decision on bashir.

      If really this is the stand of the Africans leaders in sirti, then what measures would those African leaders take against Sudan to realize CPA in the diminishing Darfur.And what efforts( Mbeki is confused now, can do nothing!).

      So my advise to all the African leaders, is that they should came up with strong resolution for the Sudanese govt to follow to realize peace in Darfur, in return to honour the verbal promises you made pro bashir in sirti against ICC, if bashir dishonour( as it is their habit) these resolution, play cool and wait for the day he step on your territory,then dishonour sirti and implement ROME status.

      These monkeys(Arabs)should not tease us or trick us all the time, wake up Africa, wake up Darfur, victory is certain!

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    • 5 July 2009 12:22, by Aduol Liet

      Omar Hassan al Bashir and his allies Arab brothers including this major dictator Muammar Al Ghadafi of Libya are trying very hard to let Omar Hassan al Bashir get a way with big crimes we have never seen in Sudan. Again I had said, many time but it look like Africa leaders did not understood me however, the answer will be remain to the Sudanese people special the none Arab. Even though you are already convert as a Muslim and you are purely none Arab which mean Black African Tribes in Sudan, please listen careful to me. Did you see most Arab leaders are defending Omar Hassan al Bashir since in the beginning of his indictment case? Muammar Ghadafi was trying to bring Idea of the United State of Africa and it doesn’t work most African have rejected that Idea not because Africa continent are less than United State of America but because some African leaders did not trust him and people guess it sound like Libya president want to make intention case for his own problem with the Western nation. The reason why I am saying, the answer will be remaining to Sudanese who are not Arab in Sudan is because the real African leaders have been fool by Muammar al Ghadafi and Omar Hassan al Bashir and I really feel sorry that the whole Africa nations have been dominated by Arab immagrants. I am not a person who want to discriminate Arab Africa citizens, but if you real following the Sudan’s problem then, you will get your answer without asking me or some one that what is the problem in Sudan.

      To all Dafurians people, I will be very happy if you guys real understood the nature of Arab agendas toward African Tribes, but if you don’t then, I’m so sorry to wasting my time to advices you because you will be still having more and more difficulties to claim your rights starting from now on. If you all Darfurians agree to fought with these Idiots Arab in one heart and your all hands then, you will get your freedom. Sudan government is very thin now as you can see many Regions are not with Sudan government any more and it is because Arab in Sudan mistreating none Arab believers unfairly and so I would like all Darfuri Regions to say one thing for their unity against Omar Hassan al Bashir government. Those Darfurian who work with Omar al Bashir government, they thinks like this problem does not belong to them and this is the way Arab in Sudan divided none Arab Tribes in Sudan for many years, actual this problem it need all Darfurian effort and show to Idiots Arab domination. Arab does not listen for talks but they do listen when you fought with them seriously and that is what all Darfuri Regions want to do. You can see the Nuban people don’t like Arab any more in Sudan because Nuban hate the way Arab dominate them for many years and they Nuban people have probably door open for them to choose where they want to go before 2011 of Southern Sudanese independence same thing as you guys Dafrurians people.

      The forign minister Ali al Sadiq, he is misleading people saying that, Omar Hassan al Bashir is now free and he can travel to all Africa nations well, it is not really that Omar al Bashir is free from what he had committed crimes. Basically, I will use example of MR, Saddam Hussein and the Rat running from the wild fire to the hold. MR, Saddam he was repeately that, he will not give up and he said, he will fights with U.S guess what MR, Saddam was been captured like Rat in the hold with billion of oil money he steal from Iraqis people, I hope to see Omar al Bashir capture like Saddam in the hold if possible and I am going to make my party because of his absence Sudan nation will be better off. We all knw also that, there are many living things lived under the grss roots, Rat was one of those living under grass but later, when there is a wild fires cause then, they Rats will tried to hidden in the hold under grass but when the fire hit the ground and above grass then, they living Rats will trying to run a way and it is eventually too late for them. On the Bashir case of Judges indictment, he himself and his National Congress Party and perhaps, his Arab brotherhoods have been trying every things so that, Omar al Bashir will get a way with crimes he was been indicted by the ICC Judges however, we will see Omar Hassan al Bashir in Jail for sure otherwise if the ICC fail to put him in Jail then it will be difficult for them to make another leader indicted in the near future to come. Finally, I wish the Southern Sudanese will work closely to all of you guys Darfurians people even though you guys did mistaken during the SPLM/SPLA struggle, the Southern Sudanese acknowledge the Northern Sudan led by Arab immagrants are having different agendas than being one nation unfortunately, you guys of Darfurians people refused to joins the SPLM/SPLA saying that, John Garang de Mabior is fighting against Muslim which is not true I belief there were Muslim in the SPLM/SPLA Movement but the SPLM policy at that time does not talk about Religious issued at all for two decades and now some of your Darfurian people realized at lately hours but I got to tell you that, it is not too late to fight for your rights to be heard. For the Southern Sudanese people please let us taku Sudan in to two nations this is Dinka word taku Sudan mean Southern Sudan separation is the only key element to cut Sharia Law policy in the Sudan.

      Aduo Liet.

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  • 5 July 2009 15:32, by M.C.C Kul-chi-gongic

    How come for the Muslim Terrorist call Gaddafi to become AU leader? This AU is now Arab Unions not African Unions. Why do they stand behind criminal whoes his campaign was to get arid of African tribes in Sudan Darfur region. African leaders are really reaally weak.

    By M.C.C Kul-chi-gongic

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    • 5 July 2009 16:34, by Mohammad100

      Dear M.C.C Kul-chi-gongic,

      Remember that saying of a wise man: "When the blind leads a blind, for sure both of them will end in deep ditch". There got to be another man with a full sight to correct their path. In this case, there are only few with a full sight African Leaders, and they will be easily ignored when the non Arab African Nations like Ethiopia supports Col. Qadaaf’s self serving proposals. Ato Meles of Ethiopia can also be indited for the massacre his forces perpetuated, against the Anyuak people in Gambella, and for the inhumane torture and killings his Tigree controlled hooligans are committing on the Oromoo and oppressed nationalities in the Ethiopian Empire.

      Asalaam Aleikum,

      Mohammad

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  • 5 July 2009 20:53, by Markoni

    Pliz! AU, you are really bribed simply because why are you referring back the arrest warrant being sumitted and agreed by so many countries and the nation of the whole whole that Mr. MAN has to face justice.
    We have to stay calm and God will judges on this issue.

    Markoni.

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