ICC judges reject appeal by pro-Sudan groups
Friday 20 February 2009.

 February  19,  2009 (THE HAGUE) — The judges of the International Criminal
 Court  (ICC)  today  rejected  an appeal by pro-Sudan groups to an adverse
 decision  to  their  application  demanding  that an arrest warrant not be
 issued for president Omer Hassan Al-Bashir.


 The  judges’  decision  stated  that Sudan Workers Trade Unions Federation
 (SWTUF)  and  the  Sudan  International  Defense  Group (SIDG) “are not ‘a
 party’  to  the  proceedings relating to the investigation into the Darfur
 situation”  as  provided  for in the Rome Statute which forms the basis of
 the ICC.


 “As  a  result,  they have no procedural standing to appeal” the Pre-Trial
 Chamber I at the court ruled.


 SIDG  is  described  as a “non-governmental committee of Sudanese citizens
 established  out  of  concern  for  the  negative  effects that ICC arrest
 warrants  could  have  at this time for the peace process in Sudan and for
 the ordinary people of this country”.


 Two  UK  lawyers  prepared the filing on behalf of the SWTUF and SIDG, Sir
 Geoffrey Nice and Rodney Dixon.


 SIDG  and  SWTUF have submitted a motion to the chamber last month arguing
 that  prosecuting  Al-Bashir  is  not  in the interest of justice and that
 other alternatives of transitional justice are being pursued.


 However  the  judges dismissed the motion in early February on the grounds
 that  that the interests of justice is an assessment made by the office of
 the  prosecutor  once an investigation is initiated in accordance with the
 Rome Statute.


 The  two groups subsequently submitted an appeal claiming that the chamber
 failed  to  consider  all  the  arguments  put  forward  by  them in their
 application. They requested that the Pre-Trial Chamber I authorize them to
 challenge the ruling before the Appeal chamber at the ICC.


 The  registry at the court notified the judges this week that in line with
 the  chamber’s decision they have returned five boxes containing documents
 attached as annexes to the application by SIDG and SWTUF.


 They  documents  contain  articles,  testimonies  and  signatures filed in
 support of their application. However in their initial decision the judges
 said they will not consider it.


 The  ICC  judges  are expected to release a decision before the end of the
 month  in  which they agree to issue an arrest warrant for Al-Bashir on an
 unspecified number of counts.


 Last  July the ICC prosecutor Luis Moreno-Ocampo requested that the judges
 issue  an  arrest  warrant for Bashir on three counts of genocide, five of
 crimes against humanity and two of murder.


 Ocampo  accused  Al-Bashir  of  masterminding a campaign to get rid of the
 African tribes in Darfur; Fur, Masalit and Zaghawa.


 Sudan  has  refused to accept jurisdiction of the ICC but said that it may
 deal with the court through a third party.


 Last  November  multiple  sources  told  Sudan  Tribune  that the Sudanese
 government hired Eversheds LLP to handle the ICC row.


 (ST)


Copyright © 2003-2008 SudanTribune - All rights reserved.
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