ICC Prosecutor Indicts Marshal El Bashier

For Immediate Release. Geneva, 14th July 2008

ICC Prosecutor Indicts Marshal El Bashier

Today, the Prosecutor of the International Criminal Court (ICC) Mr. Luis Moreno Ocampo presented evidence to the ICC’s Judges against Marshal Omer El Bashier, President of Sudan on charges of gde, war crimes and crimes against humanity committed in Darfur since 2003. Mr. Ocampo briefed members of the ICC Pre-Trial Chamber on the role played by Omer El Bashier, the suspected war criminals and asked the ICC to issue warrants for his arrest. This is the second time in history an incumbent Head of State has been indicted for war crimes and crimes against humanity.

We fully support Mr. Ocampo’s timely decision. It has come at a time of increased violence, banditry and insecurity which caused more destruction of lives and livelihoods, forced displacement as well as shrinking humanitarian assistance to the needy people in Darfur. It has come at a time of total inability of African Union/United Nations (AU/UN) military personnel to protect civilian victims of the armed conflict in Darfur from genocidal acts including war crimes and crimes against humanity. Marshal El Bashier and his government have put up a range of obstructions to make it impossible for the AU/UN military force to deploy in Darfur. They have also introduced aggressive administrative measures and created hostile environment to allow humanitarian organizations and aid workers to operate effectively in Darfur. Mr. Ocampo’s decision comes at a time when victims of the conflict in Darfur are losing confidence in the international community’s resolve to do justice to them.

We wish to remind that the decision to refer the situation in Darfur to the ICC was done by means of UN Security Council resolution 1593(2005) of 31st March 2005. This resolution was adopted under Chapter VII of the UN Charter and is mandatory in nature. As such the ICC action on Darfur is a mechanism in fulfilment of the provisions of resolution 1593(2005). We wish to remind all UN member states to fully cooperate with the ICC and meet their obligations to cooperate in implementing mandatory UN resolutions.

We also wish to remind that all persons are equal before international criminal law. Article 27 of the Rome Statute of the ICC on Irrelevance of Official Capacity stated that: “This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.”

1) Darfur Call – The Hague, The Netherlands +31 642330058
2) Darfur Relief and Documentation Centre – Geneva, Switzerland +41 7973797.49
3) Darfur Peace and Justice – Brussels, Belgium +32 48569155
4) Darfur Peace and Development – Washington, USA +1 2023615589
5) Darfur Centre for Human rights and Development – London, UK+44 7850380180
6) Darfur Union in UK & Ireland – London, UK +44 7930337583