By Desmond Davies, GNA London Bureau Chief
London, June 24, GNA – The former Sudanese President, Omar al-Bashir, is still in the sights of the International Criminal Court to face charges of war crimes, crimes against humanity and genocide allegedly committed in the western region of Darfur.
After months of anti-government protests, Mr al-Bashir was removed from power on April 11.
Although Sudan is not a State Party to the Rome Statute of the ICC, the UN Security Council referred the situation in Darfur to the court in March 2005.
The first warrant for the arrest of Mr al-Bashir was issued on March 4, 2009, the second on July 12, 2010.
Four other Sudanese are also wanted by the ICC for the same alleged crimes.
Last week, the ICC Prosecutor, Fatou Bensouda, told the UN Security Council in New York: “Now is the time for the people of Sudan to choose law over impunity and ensure that the ICC suspects in the Darfur situation finally face justice in a court of law.
“All five ICC arrest warrants in the Darfur situation remain in force....
“Sudan remains under a legal obligation to transfer these suspects to the ICC to stand trial, unless it can demonstrate to the Judges of the International Criminal Court that it is willing and able to genuinely prosecute them for the same cases,” she said.
“Consistent with the bedrock principle of complementarity enshrined in the Rome Statute, I am ready to engage in dialogue with the authorities in Sudan to ensure that the Darfur suspects face independent and impartial justice, either in a courtroom in The Hague, or in Sudan.
“Continued impunity is not an option. The victims of the Darfur situation deserve to finally have their day in court,” Mrs Bensouda added.
She also issued a warning to the Transitional Military Council (TMC), which has replaced the al-Bashir regime, over reports of violence against Sudanese protesters who want more civilian involvement in the transition arrangement.
“It is imperative that allegations of violence against civilians, including sexual and gender-based violence, are promptly and effectively investigated by the Sudanese authorities, and that those responsible are brought to justice,” Mrs Bensouda said.
“I am aware that the TMC has stated that it is investigating these events and I urge it to ensure that the investigation is conducted promptly, by independent experts, and includes all reported human rights violations against peaceful protestors throughout Sudan, including in Darfur.”
She called for “the immediate cessation of violence against civilians, their robust protection, and full accountability for the alleged crimes and related suffering the victims have endured”.
Mrs Bensouda said the Office of the Prosecutor was ready to work with the TMC, “taking into account the complexity of the situation on the ground in Sudan…in order to fulfil my mandate”.
She added: “While Mr al-Bashir may no longer attempt to avail himself of Head of State immunity, the [ICC’s] Appeals Chamber confirmed [last month] that Sudan’s obligation to ‘cooperate fully with and provide any necessary assistance to the Court and the Prosecutor’, as mandated by the Council, is legally binding.
“The state of the law is clear. So is the opportunity to subject those who for so long evaded justice to the law so that they finally answer to the people of Sudan and the world for the serious crimes for which they stand accused before the International Criminal Court.
“This legal obligation to cooperate fully includes an obligation to surrender those Darfur suspects already in custody in Sudan, and to arrest and surrender those still at large.
“It must also include the obligation for Sudan to provide my Office safe and unfettered access to Sudan and Darfur in particular,” Mrs Bensouda added.
GNA
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