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ICC Prosecutor Calls Out U.N. For “Failure” To Arrest Sudanese Leader Omar Al-Bashir For Suspected War Crimes

Credit: Wikipedia Commons /   Flickr-Al Jazeera English/ Sudanese president Omar al Bashir arrives in the southern Sudan capital of Juba circa 2011. 

 

By Gary Raynaldo    DIPLOMATIC TIMES

International Criminal Court (ICC) Prosecutor Fatou Bensouda chastised states such as Jordan, Djibouti, and Uganda for failing to arrest and surrender Sudan’s President Omar Al-Bashir for suspected war crimes and crimes against humanity.  Bensouda appeared before the U.N. Security Council last Friday to update the Council on the Situation in Darfur.  The international lawyer from the Gambia West Africa who hunts down tyrants is apparently running out of patience with the Security Council,  before which she has appeared numerous times regarding the outstanding arrests for Al-Bashir et al.  Bensouda bemoaned the U.N. Security Council’s “continued failure” to take action against states for not complying with orders to arrest and surrender Al-Bashir over to The Hague-based war tribunal. Al-Bashir has traveled extensively abroad despite the ICC’s warrant of arrest.

Credit: ©UN Photo/Eskinder Debebe / ICC Prosecutor Fatou Bensouda delivering report on Situation in Dafur before U.N. Security Council Dec. 14, 2018

 

 

“Today, warrants remain outstanding for five persons, all of whom occupied positions of responsibility at the time of their alleged crimes, namely officials of the Government of the Republic of Sudan: Mr Omar Al Bashir, Mr Ahmad Harun and Mr Abdel Hussein; militia leader Mr Ali Kushayb, and rebelleader Mr Abdallah Banda. Notably, several of these suspects continue to hold senior positions within the Government.”

ICC Prosecutor Fatou Bensouda Dec. 14, 2018, U.N. Security Council 

The U.N. estimates 300 000 people have been killed during the Darfur conflict since 2003.  Bensouda stated that on 31 March 2005, at a meeting attended by the late United Nations Secretary General, Kofi Annan, members of the Security Council came together to adopt Resolution 1593.  She added that the Council considered that the situation in the Sudan constituted a threat to international peace and security, and decided to refer the situation in Darfur since 1 July 2002, to the Prosecutor of the International Criminal Court. 


“During the reporting period, Mr Al Bashir continued to travel internationally, including to Djibouti and Uganda in July. Both of these States Parties were previously referred to the Assembly of States Parties, and this Council, for their failure to arrest and surrender Mr Al Bashir to the Court while on previous trips to their territory in 2016. No action was taken by the Council in relation to those, or indeed any other referrals.

ICC Prosecutor Bensouda 

She also pointed the finger at the Republic of Jordan for its failure to arrest and surrender Al Bashir to the Court, when he visited Jordan on 29 March 2017.  “Pre-Trial Chamber II found that Jordan had failed to comply with its obligations under the Statute and decided to refer Jordan to the Assembly of States Parties and this Council,” Besouda told the U.N Security Council.  ” As this Council is aware, Jordan appealed that decision, and this resulted in extensive litigation during the reporting period. This involved multiple written briefs, and culminated in a five day hearing before the Court’s Appeals Chamber from the 10th to the 14th of September earlier this year.”

The ICC Prosecutor stated that the combined arrest warrants include more that sixty counts of war crimes and over fifty counts of crimes against humanity. The alleged crimes include extermination, murder, rape, forcible transfer and torture.   “These are the crimes that rightly preoccupied and concerned this Council resulting in the referral of the Darfur situation to my Office. Yet the alleged perpetrators of these crimes remain free, while the victims and affected communities continue to wait for justice,” Bensouda. “My Office, yet again, calls on this Council to take meaningful action to give effect to non-compliance referrals by the Court.”


“The Government of Sudan can and must demonstrate its stated commitment to ending impunity, and its respect for the authority of this Council, by opening a new chapter of cooperation with my Office.”   ICC prosecutor Bensouda

Meanwhile, Accused Fugitive Al-Bashir Continues International Travel And Pays Visit To Syria 

Credit: independent.co.uk /  Syrian president Bashar al-Assad, left, welcomes Omar al-Bashir at Damascus airport on Sunday Dec. 16, 2018 ( EPA

Less than 48 hours after ICC prosecutor Bensouda appealed to the U.N. Security Council regarding the situation in Darfur, Sudan’s president al-Bashir made a surprise trip to Syria on Sunday, becoming the first Arab League leader to visit the country since war began there in 2011.  The president met Syrian counterpart Basharal-Assad, whose bloody crackdown on protests nearly eight years ago led to Syria’s suspension from the 22-member organisation. 

 


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