July 14th, 2008 - Nikki Serapio  Permalink  View & Add Comments

JOINT STATEMENT: Request for Darfur arrest warrant challenges impunity

The following media release discusses a joint statement signed by a number of human rights advocacy organizations from across the world, including Americans Against the Darfur Genocide.

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The International Criminal Court prosecutor’s application for an arrest warrant against Omar Hassan Al-Bashir could be a major step towards combating impunity associated with the horrific crimes in Darfur, according to several human rights groups from around the world.

Today’s move comes after three years of investigation by the prosecutor and his team. In accordance with ICC procedure, the evidence gathered has been submitted to judges in the Pre-Trial Chamber who will then decide whether to issue arrest warrants on the basis of that information.

A spokesperson for the group said, “Until today, Sudan has failed to initiate genuine proceedings within Sudan to investigate or prosecute crimes in Darfur. Such impunity contributes to the cycles of violence that have plagued Sudan for decades. Those responsible for the atrocities in Darfur must be held accountable.”

Under the Rome Statute of the ICC, the court is empowered to prosecute “the most serious” cases of war crimes, crimes against humanity, and genocide when states are unwilling or unable genuinely to do so. The prosecutor has indicated that he will only pursue individuals who bear most responsibility for the crimes. The Rome Statute provides that no one is immune from the crimes under the Court’s jurisdiction.

“The Government of Sudan is already obstructing the deployment of UNAMID and blocking humanitarian access. Given the track record of the regime, the international community must be ready to respond quickly and appropriately to any reprisals that may be threatened following today’s announcement. If there are such actions, the responsibility will be on those who perpetrate them,” added a coalition spokesperson.

The international community’s strong support for the work of the ICC is essential to enable the Court to provide justice in Darfur.

Background:
- In March 2005, the Security Council passed resolution 1593 referring the Darfur situation to the ICC for investigation. Although Sudan has not ratified the ICC Rome Statute, its obligation to cooperate with the Court stems from this Security Council resolution
- In April 2007, the Court issued arrest warrants against two Sudanese suspects (state Minister for Humanitarian Affairs Ahmad Harun and former Janjaweed leader Ali Kushayb). The Sudanese government has repeatedly refused to cooperate with the Court and to arrest and hand over the two suspects,
- Today the ICC Prosecutor requested Pre Trial Chamber I to issue arrest warrants against Omar Hassan Al Bashir, President of Sudan for genocide, war crimes and crimes against humanity. The ICC’s Pre-Trial Chamber must now review the evidence submitted by the prosecutor to determine whether to grant the request.
- If the Pre-Trial Chamber judges are satisfied that there are “reasonable grounds to believe” that the persons have committed the crimes alleged, they will issue the arrest warrants.
- Article 27 of the Rome Statute provides that “official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute.”
- Last month, the UN Security Council urged “the Government of Sudan and all other parties to the conflict in Darfur to cooperate fully with the Court, consistent with resolution 1593 (2005), in order to put an end to impunity for the crimes committed in Darfur.”

SIGNATORIES:

Aegis Trust
Americans Against the Darfur Genocide
Arab Center for the Independence of the Judiciary and the Legal Profession
Bahrain Center for Human Rights
Cairo Institute for Human Rights Studies
Citizenship Human Rights Organization Egypt
Collectif Urgence Darfour
Darfur Consortium
Darfur Relief and Documentation Centre
Dream for Darfur
Fédération Internationale des Ligues des droits de l’homme
Foundation North-South Bridge
Genocide Alert
Human Rights Watch
League of Human Rights Czech Republic
Lebanese Center for Human Rights
Parliamentarians for Global Action
San Francisco Bay Area Darfur Coalition
Save Darfur Coalition
Socio-Economic Rights & Accountability Project Nigeria
Sudan Organisation Against Torture
Union Internationale des Avocats
UN Association of New York
Waging Peace