ICC prosecutor requests non-cooperation ruling against Sudan

[JURIST] Chief prosecutor for the International Criminal Court (ICC) [official website] Luis Moreno Ocampo [official profile] has asked judges to report Sudan to the UN Security Council [official website] for failing to comply with arrest warrants for two government officials. Ocampo filed the request [text, PDF] Monday for a finding of non-cooperation pursuant to Article 87 of the Rome Statute [text] for the government's refusal to arrest Humanitarian Affairs Minister Ahmed Harun and Janjaweed militia leader Ali Kushayb [arrest warrants, PDF]. The request stated that Sudan has a binding legal obligation to fully cooperate with the court, as mandated by UN Security Counsel Resolution 1593 [text, PDF], and has repeatedly refused to do so since the warrants were issued in 2007. The request went on to say "[t]o the contrary, the [government of Sudan] continues to commit crimes, promotes and protects the persons sought by the Court; and harasses all persons who are considered to be in favor of justice." Sudan, which is not a permanent member of the ICC, refuses to recognize the court's jurisdiction, stating that "the International Criminal Court has no place in this crisis at all." Harun and Kushayb are wanted for 51 counts [case materials] of crimes against humanity and war crimes.

Sudanese President Omar al-Bashir [BBC profile; JURIST news archive] has also eluded a warrant issued last year for his arrest. Last month, the president of the ICC said that Bashir will eventually face justice [JURIST report] in The Hague. Speaking in London before the UK House of Commons [official website], Judge Sang-Hyun Song [official profile] addressed controversy [JURIST news archive] surrounding the ICC arrest warrant [JURIST report] issued one year ago stating that "judges cannot and will not take political considerations into account."Responding to questions, Song went on to compare the al-Bashir warrant with the successful surrender of Slobodan Milosevic [Guardian obituary; JURIST news archive] and Charles Taylor [case materials; JURIST news archive] to the international criminal tribunals.



 

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