ICC prosecutor calls on Sudan authorities to hand over Omar Al-Bashir

Former Sudanese President Omar Al-Bashir addressing parliament earlier this year before his overthrow. (AFP/File photo)
Updated 19 June 2019

ICC prosecutor calls on Sudan authorities to hand over Omar Al-Bashir

  • ICC chief prosecutor tells the UN Security Council she is ready to work with authorities to ensure Darfur suspects face justice
  • Council members in calling for an end to violence against civilians

UNITED NATIONS: The chief prosecutor of the International Criminal Court urged Sudan’s transitional authorities on Wednesday to hand over or prosecute ousted President Omar Al-Bashir and four others for alleged war crimes in Darfur.
Fatou Bensouda told the UN Security Council she is ready to work with authorities “to ensure that the Darfur suspects face independent and impartial justice” either at the ICC in The Hague, Netherlands, or in Sudan if its court meets international standards.
Bensouda said she didn’t underestimate “the complexity and fluidity of the events unfolding in Sudan,” but declared it was now time to act and ensure that the ICC suspects face justice.
Negotiations on Sudan’s transition following Al-Bashir’s ouster in April collapsed after a violent crackdown on a protest camp in the capital Khartoum by security forces. Protesters demanding civilian rule say at least 128 people have been killed across the country since security forces moved in to clear the sit-in area outside the military’s headquarters on June 3. Authorities put the death toll at 61, including three from security forces.
Bensouda joined many council members in calling for an end to violence against civilians, including alleged sexual and gender-based crimes, which has spread beyond Khartoum to other regions, including Darfur.
“As for Sudan itself, it is now at a crossroads with the opportunity to depart from its previous policy of complete non-cooperation with my office and embark on a new chapter by signaling a new commitment to accountability for the victims in the Darfur situation,” she said.
Sudan is not a party to the ICC and Al-Bashir’s government refused to recognize its jurisdiction. Sudanese minister Elsadig Ali Ahmed told the council Wednesday that “despite the change of the political situation in Sudan ... our position remains the same, unchanged.”
He told the council that Sudan has begun “the pursuit of a civilian democratic rule where there is no room for impunity,” and the new political reality “will undoubtedly lead to the establishment of a regime where freedom and democracy and the rule of law prevail.”
For Sudan, he emphasized “that combating impunity is a noble purpose of justice ... and it primarily falls within the responsibilities of the national judiciary.” He called the ICC principle mentioned by Bensouda of letting national governments prosecute war crimes if their courts meet the right standards “positive.”
Al-Bashir appeared in public for the first time Sunday when he was led to a prosecutor’s office in a corruption investigation.
Ahmed said it has been announced that Al-Bashir’s trial will begin next week, and he said the public prosecutor is also investigating two other detainees sought by the ICC, Abdel Raheem Hussein and Ahmad Harun.
A judicial official with the prosecutor’s office said Al-Bashir was questioned over accusations that include money laundering and the possession of large amounts of foreign currency. He said the probe partly related to millions of dollars’ worth of cash in US dollars, euros and Sudanese pounds that were found in Al-Bashir’s home a week after his ouster.
Bensouda noted that the transitional military council now ruling Sudan made a commitment in its inaugural address on April 11 to all local, regional and international treaties, charters and conventions.
She said this pledge must including a commitment to the UN Charter, which requires Sudan to comply with Security Council resolutions — including the 2005 resolution that referred the situation in Darfur to the ICC.
The vast western Darfur region of Sudan was gripped by bloodshed in 2003 when rebels took up arms against the government in Khartoum, accusing it of discrimination and neglect. The government was accused of retaliating by arming local nomadic Arab tribes known as the janjaweed and unleashing them on civilian populations — a charge it denies.
Bensouda said Sudan has a legal obligation to surrender the suspects in custody or prosecute them on charges in ICC warrants — including genocide allegations against Al-Bashir — and to surrender two others still at large, senior janjaweed commander Ali Kushayb and Abdallah Banda, commander of the Justice and Equality rebel group. She stressed that this must include safe and unfettered access for ICC staff to Sudan and Darfur.
Elize Keppler, associate director for Human Rights Watch’s international justice program, said the situation in Sudan has changed and the new authority “has the opportunity to meet Sudan’s international legal obligations to surrender Omar Al-Bashir and the other suspects to face justice at the ICC as the Darfur victims so deserve more than 10 years later.”


Iranian foreign minister Zarif arrives in Biarritz during G7

Updated 25 August 2019

Iranian foreign minister Zarif arrives in Biarritz during G7

  • Iranian foreign ministry says Zarif will not hold talks with Trump and his team
  • Earlier Trump dampened down Emmanuel Macron's optimism on Iran talks

BIARRITZ, France: -Iran's Foreign Minister Mohammad Javad Zarif landed in the French seaside resort of Biarritz Sunday for talks during a G7 summit.

"Zarif... has arrived in Biarritz, where the G7 is being held, to continue talks regarding the recent measures between the presidents of Iran and France," foreign ministry spokesman Abbas Mousavi said, referring to their efforts to salvage a nuclear deal.

Earlier, US President Donald Trump appeared to brush aside French efforts to mediate with Iran on Sunday, saying that while he was happy for President Emmanuel Macron to reach out to Tehran to defuse tensions he would carry on with his own initiatives.
European leaders have struggled to tamp down the brewing confrontation between Iran and the United States since Trump pulled his country out of Iran’s internationally-brokered 2015 nuclear deal and reimposed sanctions on the Iranian economy.
Macron, who has pushed mediation efforts in recent weeks to avoid a further deterioration in the region, had told LCI television that the G7 had agreed on joint action on Iran.
The French presidency said G7 leaders had even agreed that Macron should hold talks and pass on messages to Iran after they discussed the issue over dinner at a summit in southwestern France on Saturday evening.
However, Trump, who has pushed a maximum pressure policy on Iran, pushed back.
Asked if he had signed off on a statement that Macron intends to give on behalf of the G7 on Iran, Trump said:
“I haven’t discussed this. No I haven’t,” he told reporters, adding that Macron and Japanese Prime Minister Shinzo Abe were free to talk to Iran.
“We’ll do our own outreach, but, you know, I can’t stop people from talking. If they want to talk, they can talk.”
Macron, who has taken the lead to defuse tensions fearing that a collapse of the nuclear deal could set ablaze the Middle East, met Zarif on Friday. The aim was to discuss proposals that could ease the crisis, including the idea of reducing some US sanctions or providing Iran with an economic compensation mechanism.
Macron appeared to backtrack on his own team’s comments later, saying there was no formal mandate from the G7 leaders to pass a message to Iran.
Highlighting just how difficult agreeing on concrete measures between allies is, Macron said the leaders’ views had converged on not wanting Iran to acquire a nuclear bomb and ensuring peace and security in the Middle East.
He was supposed to discuss those ideas with Trump on the sidelines of the G7, which also comprises Britain, Germany, Italy, Canada, Japan and the EU.
“Everyone wants to avoid a conflict, Donald Trump was extremely clear on that point,” Macron told LCI.
“We have to continue to take initiatives and in the coming weeks that on the one hand there are no more Iranian decisions that contradict this objective and that we open new negotiations,” Macron said without giving details.
In response to the tougher US sanctions and what it says is the inability of European powers party to the deal — France, Britain and Germany, to compensate it for its lost oil revenue, Tehran has responded with a series of moves, including retreating from some of its commitments to limit its nuclear activity made under the deal.
The United States has made no indication it will ease any sanctions and it is unclear what kind of compensation mechanism Macron wants to offer Iran given at this stage a proposed trade channel for humanitarian and food exchanges with Iran is still not operational.
Macron has also said that in return for any concessions he would expect Iran to comply fully with the nuclear deal and for Iran to engage in new negotiations that would include its ballistic missile program and regional activities.