CAIRO – 23 December 2017: Prosecutor of the International Criminal Court (ICC) on Tuesday accused some of its members, including Jordan, Uganda and Chad of undermining the tribunal's reputation and credibility by refusing to arrest Sudanese President Omar al-Bashir under charges of genocide and war crimes in Darfur, AP reported.
In July 2010, the ICC issued a second arrest warrant for Bashir under charges of genocide that followed his role in a five-year campaign of violence in Darfur.
The court announced that Bashir was already wanted on charges of war crimes and crimes against humanity, however, the new charges are in addition to the earlier ones, not instead of them.
On March 2009, the ICC issued the first warrant against Bashir, it was the first time an arrest warrant is issued against a current head of state.
Bashir, on the other hand, appeared to be sticking out his tongue at International Law by appearing in public while dancing and singing during a rally in Khartoum after the first warrant was issued.
"A white man's tribunal," Bashir's information minister at the time announced as he dismissed the charges.
The original ICC warrant included charges of murder, extermination, forcible transfer, torture and rape as he deliberately directed attacks against civilians.
The United Nations estimated that around 300,000 people were killed in the conflict in Darfur, while 2.5 million were displaced.
ICC charges against Bashir are:
○ Genocide:
• Killing members of the Fur, Masalit and Zaghawa ethnic groups
• Causing these groups serious bodily or mental harm
• Inflicting conditions of life calculated to bring about these groups' physical destruction
○ Crimes against humanity:
• Murder
• Extermination
• Forcible transfer
• Rape
• Torture
○ War crimes:
• Attacks on civilians in Darfur
• Pillaging towns and villages
Violence in Darfur erupted in 2003 as rebels started an uprising against the Sudanese government.
Bashir's crimes started when he forcibly assumed office in June 1989 as he led a group of officers in a military coup that toppled the democratically elected government of prime minister Sadiq al-Mahdi after beginning negotiations with rebels in South Sudan. Sudan was in the middle of a 21-year civil war between north and south Sudan.
The Sudanese government has been accused of suppressing information by jailing and killing witnesses since 2004, and tampering with evidence, such as covering up mass graves, press outlets reported.
It has also arrested and harassed journalists, thus limiting the extent of press coverage of the situation in Darfur.
In July 2008, Chief Prosecutor of the International Criminal Court (ICC), Luis Moreno Ocampo, alleged that al-Bashir bore individual criminal responsibility for genocide, crimes against humanity, and war crimes committed since 2003 in Darfur.
Moreno came to this conclusion after three years of investigating in Darfur under a request by the Security Council.
"The Prosecution evidence shows that Al Bashir masterminded and implemented a plan to destroy in substantial part the Fur, Masalit and Zaghawa groups, on account of their ethnicity," an
stated on June 2008.
"Members of the three groups, historically influential in Darfur, were challenging the marginalization of the province; they engaged in a rebellion. Bashir failed to defeat the armed movements, so he went after the people.
"For over 5 years, armed forces and the Janjaweed militia, on Bashir orders, have attacked and destroyed villages. They then pursued the survivors in the desert. Those who reached the camps for the displaced people were subjected to conditions calculated to bring about their destruction.
"For over 5 years, millions of civilians have been uprooted from lands they occupied for centuries, all their means of survival destroyed, their land spoliated and inhabited by new settlers. ‘In the camps AL BASHIR’s forces kill the men and rape the women. He wants to end the history of the Fur, Masalit and Zaghawa people’ said the Prosecutor. ‘I don’t have the luxury to look away. I have evidence’," the release added.
The ICC release asserted that Bashir's genocide became clear with the well coordinated attacks on the 2.450.000 civilians who found a haven in the camps. Bashir, according to the release, organized the destitution, insecurity and harassment of the survivors; the prosecutor added, "He did not need bullets. He used other weapons: rapes, hunger, and fear. As efficient, but silent."
Dates and facts about Bashir:
June 1989: Bashir leads a coup against Sudan's elected government of Sadiq al-Mahdi; proclaims himself chairman of the Revolutionary Comman Council.
April 1990: He survives a coup attempt and irders the execution of over 30 army and police officers who plotted the coup attempt.
1993: The U.S. State Department places Sudan on its list of states that sponsor terrorism.
March 1996: Bashir re-elected president with more than 75% of the vote.
February 2003: Rebels in Darfur rise up against Bashir.
2004: The Janjaweed militia, a pro-government militia accused of murdering and raping people in Darfur.
July 2008: Chief prosecutor of the International Criminal Court files charges against Bashir for genocide and war crimes in Darfur.
March 2009: The International Criminal Court issues first arrest warrant for Bashir.
April 2010: Bashir still wins election with 68% of the vote.
July 2010: A second arrest warrant is issued for Bashir, listing 10 counts against him.
April 2015: Pashir re-elected president with more than 94% of the vote; major opposition groups boycotted the election.
June 2015: Bashir leaves South Africa just as a South African High Court decides to order his arrest.
The following is the ICC's June 2008 release against Bashir:
ICC Prosecutor presents case against Sudanese President, Hassan Ahmad Al-Bashir, for genocide, crimes against humanity and war crimes in Darfur
ICC-OTP-20080714-PR341
Situation: Darfur, Sudan
ICC Prosecutor Luis Moreno-Ocampo has presented evidence today showing that Sudanese President, Omar Hassan Ahmad AL BASHIR committed the crimes of genocide, crimes against humanity and war crimes in Darfur.
Three years after the Security Council requested him to investigate in Darfur, and based on the evidence collected, the Prosecutor has concluded there are reasonable grounds to believe that Omar Hassan Ahmad AL BASHIR bears criminal responsibility in relation to 10 counts of genocide, crimes against humanity and war crimes.
The Prosecution evidence shows that Al Bashir masterminded and implemented a plan to destroy in substantial part the Fur, Masalit and Zaghawa groups, on account of their ethnicity. Members of the three groups, historically influential in Darfur, were challenging the marginalization of the province; they engaged in a rebellion. AL BASHIR failed to defeat the armed movements, so he went after the people. “His motives were largely political. His alibi was a ‘counterinsurgency.’ His intent was genocide. ” The Prosecutor said.
For over 5 years, armed forces and the Militia/Janjaweed, on AL BASHIR orders, have attacked and destroyed villages. They then pursued the survivors in the desert. Those who reached the camps for the displaced people were subjected to conditions calculated to bring about their destruction. AL BASHIR obstructs international assistance. His forces surround the camps. One victim said: “When we see them, we run. Some of us succeed in getting away, and some are caught and taken to be raped -- gang-raped. Maybe around 20 men rape one woman. […] These things are normal for us here in Darfur. These things happen all the time. I have seen rapes too. It does not matter who sees them raping the women -- they don't care. They rape girls in front of their mothers and fathers”.
For over 5 years, millions of civilians have been uprooted from lands they occupied for centuries, all their means of survival destroyed, their land spoliated and inhabited by new settlers. ‘In the camps AL BASHIR’s forces kill the men and rape the women. He wants to end the history of the Fur, Masalit and Zaghawa people’ said the Prosecutor. ‘I don’t have the luxury to look away. I have evidence’.
For over 5 years, AL BASHIR has denied the crimes. He says rape does not exist in the Sudan. This is a fabrication. “By preventing the truth about the crimes from being revealed; concealing his crimes under the guise of a ‘counterinsurgency strategy’, or ‘inter tribal clashes’, or the ‘actions of lawless autonomous militia’, AL BASHIR made possible the commission of further crimes. He promoted and provided impunity to his subordinates in order to secure their willingness to commit genocide” The Prosecutor said.
Al BASHIR’s intent to commit genocide became clear with the well coordinated attacks on the 2.450.000 civilians who found a haven in the camps. “AL BASHIR organized the destitution, insecurity and harassment of the survivors. He did not need bullets. He used other weapons: rapes, hunger, and fear. As efficient, but silent.” Said the Prosecutor.
Today, the evidence shows that AL BASHIR, instead of assisting the people of Darfur, has mobilised the entire state apparatus, including the armed forces, the intelligence services, the diplomatic and public information bureaucracies, and the justice system, to subject the 2.450.000 people living in IDP’s camps, most of them members of the target group, to conditions of life calculated to bring about their physical destruction.
“AL BASHIR is the President. He is the Commander in Chief. Those are not just formal words. He used the whole state apparatus, he used the army, he enrolled the Militia/Janjaweed. They all report to him, they all obey him. His control is absolute.” added Prosecutor Moreno-Ocampo.
The Pre-Trial Chamber I will now review the evidence. If the judges determine that there are reasonable grounds to believe that the named individual committed the alleged crimes, they will decide on the best manner to ensure his appearance in court. The Prosecution has requested an arrest warrant.
The ICC's arrest warrant against Bashir came as follows:
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