The organisations welcome the first request submitted by the Prosecutor to the Pre-Trial Chamber for a finding of non-compliance to cooperate by the Government of Sudan in the implementation of the arrest warrants and its overall investigation in Darfur.
The request relates to the execution of the arrest warrants issued in April 2007 against Ahmad Harun and Ali Kushayb, who are sought for 51 counts of war crimes and crimes against humanity. During this time period, not only did the Government fail to cooperate, but it had protected and promoted the accused persons.
“Resolution 1593, which refers the situation in Darfur to the Security Council, states that Sudan and all other parties involved in the conflict are to cooperate fully with the ICC,” said Souhayr Belhassen, President of FIDH. “The behaviour of the Government of Sudan amounts, in our view, to a violation of that resolution. We welcome this submission because it gives the possibility to the judges to make a finding on the matter, and on that basis, the Security Council will be able to take action.” It must be noted that the Security Council is already aware of the continuous absence of cooperation, as this has been reported reported by the Prosecutor to the Council every six months. However, this judicial determination of the failure by the Government of the Sudan to comply with its cooperation obligations towards the Court, would indeed enable the President to refer the matter to the Security Council, and will facilitate its engagement.
FIDH and its member organisations have repeatedly denounced the lack of cooperation of the Sudanese authorities with the ICC, as well as the attacks and threats faced by persons and organisations suspected of supporting the ICC.
According to the Prosecutor, this together with other factors, such as the protection afforded to Harun and Kushayb, the absence of national proceedings, the continued commission of crimes and, in particular, numerous statements from the Government declining to cooperate with the ICC, are sufficient evidence of the Sudanese Government’s lack of will to cooperate with the Court.
FIDH and its member organisations take this opportunity to recall all State Parties that they also have an obligation to cooperate with the ICC. Such obligation to cooperate includes the political and diplomatic support of the Court, as well as concrete measures. Cooperation in relation to the situation in Darfur is essential to ensure that those most responsible for crimes committed in Darfur do not escape justice, and that an end be put to ongoing violence and the cycle of impunity.