UN-Truth

The Prosecutor of the International Criminal Court, which is based in the Hague, announced earlier today that, after a 20-month investigation, he has sent evidence to judges in a Pre-Trial Chamber, asking for the issuance of summonses against two named individuals who bear the greatest responsibility for some of the most serious crimes committed in Darfur since 1 July 2002 (the date the ICC started to work).

The judges must now review the evidence submitted and decide how to proceed.

The Prosecutor, Luis Moreno-Ocampo, wrote in his application to the Pre-Trial Court there are reasonable grounds to believe that “Ahmad Muhammad Harun, former Minister of State for the Interior of the Government of the Sudan, and Ali Muhammad Ali Abd-Al-Rahman (better-known in West Darfur as Ali Kushayb), a Militia/Janjaweed1 leader, bear criminal responsibility in relation to 51 counts of alleged crimes against humanity and war crimes, including persecution, torture, murder and rape committed in Darfur in 2003 and 2004“.

The application says that the term ‘Militia/Janjaweed’ refers to “those forces that were mobilised, armed and funded by the Government of the Sudan to fight in the counterinsurgency in Darfur”.

The investigation involved the collection of statements and evidence during 70 missions conducted in 17 countries — including five trips to Sudan.

The application explains that “The crimes alleged in the Application were perpetrated in the context of a noninternational armed conflict in the Darfur region between the Government of the Sudan and rebel armed forces, including the Sudanese Liberation Movement/Army (SLM/A) and the Justice and Equality Movement (JEM), from about August 2002. Both rebel groups mainly recruit from the Fur, Zaghawa and Masalit tribes. The conflict involved rebel attacks on Sudanese Government installations in Darfur and the counterinsurgency campaign by the Sudanese Government against the rebels. The turning point in the counterinsurgency strategy occurred after the attack against the Al Fashir airport in April 2003 with unprecedented losses for the Government. Shortly after, the recruitment of Militia/Janjaweed greatly increased, ultimately into the tens of thousands. A characteristic of the armed conflict in Darfur is that the majority of civilian deaths in the region have been caused during attacks on towns and villages in Darfur carried out by the Militia/Janjaweed either singly or together with Sudanese Armed Forces. The vast majority of attacks carried out by the Sudanese Armed Forces and/or Militia/Janjaweed in Darfur were directed at areas inhabited by mainly Fur, Masalit and Zaghawa tribes. The Sudanese Armed Forces and Militia/Janjaweed did not target any rebel presence within these particular villages. Rather, they attacked these villages based on the rationale that the tens of thousands of civilian residents in and near these villages were supporters of the rebel forces. This strategy became the justification for the mass murder, summary execution, and mass rape of civilians who were known not to be participants in any armed conflict. Application of the strategy also called for, and achieved, the forced displacement of entire villages and communities.” http://www.icc-cpi.int/library/organs/otp/ICC-OTP_Summary-Darfur-20070227_en.pdf

The ICC has a duty to protect witnesses.

Reuters is reporting that Human Rights Watch would like to see bigger fish snared in the Prosecutor’s net: ” ‘The figures identified are important ones. It is an important first step that could contribute to ending impunity for crimes in Darfur. But we want to see more’, said Geraldine Mattioli of Human Rights Watch. ‘The prosecutor should go high up in the echelons of power and in the military’.”

In the same story, Reuters writes that *ICC prosecutors said security committees in Darfur made up of representatives of the Sudanese army, police and intelligence agencies reported to Haroun, especially on matters relating to the staffing, funding and arming of the Janjaweed. ‘Haroun knowingly contributed to the commission of crimes against humanity and war crimes, including murder, rape, torture, inhumane acts, pillaging and the forcible transfer of civilian populations’, prosecutors said in the filing. The prosecutors said Ali Kushayb, a colonel in the Wadi Salih locality of west Darfur, ordered the Janjaweed to victimize civilians and commit mass rape, killings, torture, pillaging and looting. They said Khartoum had a legal responsibility to cooperate to make sure the two suspects appear at the court. ‘It will be primarily the responsibility of the territorial state, the Sudan, upon the chamber’s decision, either to take steps to arrest the persons … or to serve the summons’, they said. Haroun’s office said he was in Jordan this week for medical treatment but it was unclear if he was still in that country on Tuesday. Sudan’s justice minister said Ali Kushayb had been in Sudanese custody since November on suspicion of violating Sudanese laws and was under investigation for actions in Darfur. Sudanese media reported on Monday Khartoum would put several people on trial , including military personnel and paramilitary troops, for suspected involvement in attacks in Darfur. The ICC is only supposed to prosecute when national courts are unwilling or unable to act, but rights groups say Khartoum’s own investigations in Darfur have been largely for show. The prosecution said they had taken into account investigations launched by Sudanese authorities into Darfur, including into Ali Kushayb, but said their case was still admissible because it encompassed more extensive allegations.”
http://news.yahoo.com/s/nm/20070227/ts_nm/sudan_darfur_warcrimes
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Agence France Presse is reporting from Khartoum that ” ‘The Sudanese judiciary has the capacity and the will to prosecute those who have committed crimes in Darfur’, Justice Minister Mohammed Ali al-Mardi said when asked to react to the ICC’s naming of the war crimes suspects. Mardi already on Monday rejected the ICC’s authority, saying ‘this court has no jurisdiction when it comes to trying Sudanese’. On Tuesday, Mardi said Kosheib was detained late last year but stressed that Haroun — a former minister in charge of Darfur — had been interrogated by the authorities and cleared of any suspicions over alleged crimes…’Ahmed Haroun was interrogated by the judiciary, but there was no evidence against him, and so no charges were pressed,’ Mardi said. Haroun is a senior figure in the Sudanese regime — which stands accused of genocide by the United States — and is considered close to President Omar al-Bashir…’Ali Kosheib has been detained since November 28, 2006, he was interrogated and charges were pressed against him for crimes against human rights’, the minister said, adding that the suspect was still in custody. Mardi nevertheless rejected Moreno-Campo’s allegations that Kosheib was a key Janjaweed leader. ‘He belongs to a regular force, the Popular Defence Forces, whose creation is backed by legislation’, the minister said at a press conference convened in Khartoum minutes after the ICC prosecutor’s announcement.” http://news.yahoo.com/s/afp/20070227/ts_afp/sudandarfurunresticc;
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And, AP is reporting: “We are not concerned with, nor do we accept, what the International Criminal Court prosecutor has opted for,” Sudanese Justice Minister Mohammed Ali al-Mardi told The Associated Press…After reviewing the prosecutor’s evidence, judges can issue arrest warrants or summonses to the suspects to appear in The Hague. If they are charged, tried and convicted, they face a maximum sentence of life imprisonment at the court, which does not have the death penalty. However, the court has no police force and relies on other countries to carry out arrests. Sudan, however, has not signed the Rome Statute creating the court and does not recognize its jurisdiction.” http://news.yahoo.com/s/ap/20070227/ap_on_re_eu/international_court
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Since Sudan has not signed the Rome Statute, the International Criminal Court can decide it does not have jurisdiction. The U.S. is another state that has not recognized the ICC. So, is this move by the Prosecutor today really aimed at increasing the pressure of international public opinion on the government of Sudan? The Prosecutor addressed the UN Security Council last December, stating that he was preparing this move.

Filed under: International Tribunals, Sudan - Darfur, UN Security Council