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Darfur: ICC Prosecutor Requests ICC Judges to Issue Finding ofNon-compliance of the Government of Sudan

22 Apr 2010

Dear All,

On 19 April 2010, the Office or the Prosecutor of the International Criminal Court (ICC) requested ICC Judges to issue a finding of non-compliance of the Government of Sudan with a request to cooperate in the execution of arrest warrants against Ahmad Harun and Ali Kushayb. It is the first time that the ICC Prosecutor has requested Judges to issue a finding of non-compliance. This request will now be examined by ICC Pre-Trial Chamber I.

This document can be viewed on the ICC website at:
http://www.icc-cpi.int/iccdocs/doc/doc860985.pdf

Please note that this document has been produced by the ICC. The Coalition for the ICC distributes it as part of its mandate to inform member organizations and individuals about ICC-related developments. The document does not reflect the views of the CICC as a whole or its individual members.

BACKGROUND: States Parties have the obligation to fully support and cooperate with the ICC in accordance with the Rome Statute. In the case where a State Party fails to comply with a request to cooperate by the Court, article 87.7 provides that the ICC may make a finding and refer the matter to the Security Council, since the situation of Sudan was referred to the Court by the Security Council. For other situations not referred by the Security Council, the Court would refer to the Assembly of States Parties.

The investigation into the situation in Darfur, Sudan was officially opened by the ICC prosecutor on 6 June 2005, following referral of the matter to the Court by the United Nations Security Council through Resolution 1593 on 31 March 2005. Since the referral, three public arrest warrants have been issued against Ahmad Muhammad Harun, Ali Kushayb and Omar Hassan Ahmad al-Bashir, as well as a summons to appear for Bahr Idriss Abu Garda. None of the outstanding arrest warrants have been executed as the Sudanese government has openly defied and consistently refused to cooperate with the Court and the international community.

For additional information on the situation in Darfur, Sudan, please visit the Coalition's website at http://www.coalitionfortheicc.org/?mod=darfur

Please also 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.

With regards,
CICC Secretariat
http://www.coalitionfortheicc.org/

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CICC's policy on the referral and prosecution of situations before the ICC:

The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to-date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts.

Communications to the ICC can be sent to:

ICC
P.O. box 19519
2500 CM the Hague
The Netherlands