sudan
Senior Member
- Oct 17, 2012
- 266
- 11
- 51
The decision by the International Criminal Court general prosecutor, Fatou Bensouda referring Darfur dossier to UN Security Council contradicts Rome Convention establishing the Court.
Bensouda decision raises doubt both politically and judicially about the real motives behind it. As we know, the ICC does not have jurisdiction over Sudan as it is not a party to the ICC Statute.
The court has violated all norms as the late decision doesn’t freeze the case according article 16 nor annuls it. This indicates that the court is not independent and ICC prosecutor is just a tool in the hand of certain powers.
According to Rome Statute, the Office of the Prosecutor shall act independently as such; no member of the Office may seek or act on instructions from any external source, such as states, international organizations, non-governmental organizations or individuals.
An European law expert who asked for anonymity said the ICC general prosecutor is depressed when she made the decision because she has failed to implement the warrant of arrest or proceed with fair investigation.
The ICC’s lack of evidence because clear during the prosecution of Bahr Idriss Abu Garda, the current minister of health who was acquitted due to the lack of evidence and the Kenya President who appeared before the court following assurance from major powers.
The two cases indicate that the ICC convicts others without material evidence or operates according the wishes of certain circles.
The general prosecutor is sure that she can’t take further decisions against Sudan because Sudan can convince African heads of state to walk out of the court.
The coming Security Council may issue a resolution asking Sudan to cooperate with ICC and use the case to exercise more pressures on Sudan, but any imminent decision is expected to be vetoed by Russia or China.
Bensouda decision raises doubt both politically and judicially about the real motives behind it. As we know, the ICC does not have jurisdiction over Sudan as it is not a party to the ICC Statute.
The court has violated all norms as the late decision doesn’t freeze the case according article 16 nor annuls it. This indicates that the court is not independent and ICC prosecutor is just a tool in the hand of certain powers.
According to Rome Statute, the Office of the Prosecutor shall act independently as such; no member of the Office may seek or act on instructions from any external source, such as states, international organizations, non-governmental organizations or individuals.
An European law expert who asked for anonymity said the ICC general prosecutor is depressed when she made the decision because she has failed to implement the warrant of arrest or proceed with fair investigation.
The ICC’s lack of evidence because clear during the prosecution of Bahr Idriss Abu Garda, the current minister of health who was acquitted due to the lack of evidence and the Kenya President who appeared before the court following assurance from major powers.
The two cases indicate that the ICC convicts others without material evidence or operates according the wishes of certain circles.
The general prosecutor is sure that she can’t take further decisions against Sudan because Sudan can convince African heads of state to walk out of the court.
The coming Security Council may issue a resolution asking Sudan to cooperate with ICC and use the case to exercise more pressures on Sudan, but any imminent decision is expected to be vetoed by Russia or China.
