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Darfur:ICC Prosecutor Asks Judges To Open Third Case In Darfur

20 Nov 2008

Dear all,

The Office of the Prosecutor of the International Criminal Court (OTP-ICC) announced today that Luis Moreno-Ocampo presented evidence to ICC judges against rebel commanders for their alleged responsibility for crimes committed against African Union peacekeepers in Darfur on 29 September 2007.

Please see below the press release from the ICC Office of the Prosecutor and a media advisory from the CICC. Both the Press Release and the summary of the case can be found on the Court's website at: http://www.icc-cpi.int

Please take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the CICC will not take a position on potential and current situations before the Court or situations under analysis. The Coalition, however, will continue to provide the most up-to-date information about the ICC.

Warm regards,

Mariana Rodriguez-Pareja
CICC Communications
[email protected]

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ICC PRESS RELEASE:

“Attacks on peacekeepers will not be tolerated”. ICC Prosecutor presents evidence in third case in Darfur,” Press Release of Office of the Prosecutor of the ICC, ICC-OTP-20081120-PR373_ENG, 20 Nov 2008
http://www.icc-cpi.int/press/pressreleases/447.html

Press release available in: English, French and Arabic.

Today ICC Prosecutor, Luis Moreno-Ocampo, presents evidence to International Criminal Court (ICC) judges against rebel commanders for their alleged responsibility for crimes committed against African Union peacekeepers in Darfur on 29 September 2007. This was the largest in a series of attacks against peacekeepers. A thousand of rebel-led soldiers surrounded and attacked the Haskanita camp in North Darfur, 12 peacekeepers were murdered and 8 injured.

Such acts constitute war crimes under the Rome Statute of the ICC. ‘I will not let such attacks go unpunished’, the Prosecutor said.

Based on evidence collected during the third investigation in Darfur, the Prosecution has concluded there are reasonable grounds to believe that these rebel commanders bear criminal responsibility in relation to three counts of alleged war crimes for murder, intentionally directing attacks against personnel and objects involved in a peacekeeping mission and pillaging.

‘They planned, led their troops and directed the attack which killed 12 peacekeepers, severely wounded 8 others, and completely destroyed AMIS facilities and property, directly affecting aid and security for millions of people of Darfur who are in need of protection’, the Prosecutor said.

‘No one is above the law’, noted Prosecutor Moreno-Ocampo.

The Darfur situation was referred to the Prosecutor of the International Criminal Court by Resolution 1593 adopted on 31 March 2005 by the United Nations Security Council. Investigations commenced in June 2005 and the Prosecution has focused on some of the most serious incidents and the individuals who, according to the evidence, bear the greatest responsibility for crimes in Darfur.

The International Criminal Court is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes if national authorities with jurisdiction are unwilling or unable to do so genuinely. The Office of the Prosecutor is currently investigating in four situations: The Democratic Republic of Congo, Northern Uganda, the Darfur region of Sudan, and the Central African Republic, all still engulfed in various degrees of conflict with victims in urgent need of protection.

Summary of case: English | French | Arabic

B.CICC MEDIA ALERT

ICC PROSECUTOR ASKS JUDGES TO OPEN THIRD CASE IN DARFUR
Moreno-Ocampo seeks to prosecute rebel attacks against African Union peacekeepers

WHAT: On 20 November 2008, Luis Moreno-Ocampo, prosecutor of the International Criminal Court (ICC) asked Judges of Pre-Trial Chamber I to issue arrest warrants for war crimes allegedly committed against the African-Union peacekeeping forces in its Haskanita base (Darfur) on 29 September 2007. In a public summary of the application, the prosecutor did not reveal the names of the individuals against whom the arrest warrants were sought, but stated that these individuals were rebel commanders of the thousand soldiers carrying out these attacks. The prosecutor lists 3 counts of war crimes, including the murder of 12 peacekeepers, the severe injury caused to 8 others, and the pillaging of and intentionally direct attacks against peacekeeping personnel. The Prosecutor also underlines the grave impact of crimes against those who are mandated to protect civilians because such actions jeopardize the ability to carry out and sustain such crucial operations.

NEXT STEPS: In accordance with Article 58 of the Rome Statute, it is now up to the Pre-Trial Chamber I to decide whether to issue a warrant of arrest based on the prosecutor’s application and any related evidence or information. It is up to the judges to determine whether there are reasonable grounds to believe that the person has committed the crime and whether the arrest of the person is necessary to ensure his appearance at trial. The judges may also decide if an arrest warrant is necessary to ensure that this person does not obstruct or endanger the investigation or the court proceedings, or where applicable, to prevent this person from continuing with the commission of the listed or any related crimes. In the application, the prosecutor expresses that all concerned rebel commanders have the opportunity to appear voluntarily before the Court and states that the Court could issue a summons to appear if the voluntary surrender of these individuals seems likely.

WHY: On 31 March 2005, the United Nations Security Council referred the situation in Darfur, Sudan to the ICC prosecutor through Resolution 1593, “determining that the situation in Sudan continues to constitute a threat to international peace and security.” On 6 June 2005, the ICC prosecutor officially opened his investigation into the situation of Darfur, which was assigned to Pre-Trial Chamber I. Today’s request is the third made in the Darfur investigation. On 27 February 2007, the prosecutor requested summons to appear against Ahmad Muhammad Harun and Ali Kushayb war crimes and crimes against humanity. On 2 May 2007, arrest warrants were issued for the two suspects. On 14 July 2008, the prosecutor requested arrest warrants for Sudanese President Omar Hassan Ahmad Al Bashir.

Since the referral and the request for the issuance of the warrants, the Sudanese government has consistently refused to cooperate with the Court and openly defied the Court and the International community.

FOR ADDITIONAL INFORMATION: Please visit the Coalition’s website at http://www.coalitionfortheicc.org/?mod=darfur.

COMMENT AND BACKGROUND:

'Attacks on international peacekeepers constitute a grave threat to the international community’s ability to protect civilian populations and to maintain international peace and security,' said Convenor of the Coalition for the ICC William R. Pace. 'While the judges reflect on this application, the Coalition calls on all the international community to support the Court’s work in addressing the situation in Darfur and on the Court to increase its outreach and public information efforts by the Court to affected Sudanese communities and other stakeholders.'

The ICC has issued twelve arrest warrants for investigations in four of the most brutal conflicts of our time: Darfur, Sudan; Uganda; the Democratic Republic of Congo; and the Central African Republic. To date, four suspects have been arrested. In a very short time, the ICC has made monumental advances toward ensuring that perpetrators of the gravest crimes are held accountable.