Iran calls ICC arrest warrant for Omar Al Bashir unjust

News number: 8712151031 17:04 | 2009-03-05 Foriegn Policy

Iran: Arrest Warrant for Bashir Unjust TEHRAN (FNA)- Iran’s Foreign Ministry Spokesman has condemned the arrest warrant for Sudanese President Hassan al-Bashir over alleged war crimes.

Hassan Qashqavi said that the warrant issued by the International Criminal Court (ICC) was ‘unjust’ and ‘politically-motivated’. The ICC on Wednesday issued an international warrant for the arrest of President Bashir for ‘war crimes, and crimes against humanity’ in the violent Darfur region, press tv reported. Qashqavi said the warrant was a ‘blatant violation of the international law’, which undermined the ‘immunity of heads of state’. ICC Chief Prosecutor Luis Moreno-Ocampo holds Bashir responsible for the six-year conflict in Darfur, which the UN says has left 35,000 people killed. The Secretary General of the Organization of the Islamic Conference (OIC) Ekmeleddin Ihsanoglu also condemned the ICC warrant on Wednesday. He called on the Sudanese government to speed up investigations of war crime suspects and put them on trial. Bashir has rejected allegations, calling the warrant ‘worthless’. If charged, Bashir will be the first incumbent head of state to stand trial before the international court.

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Hamas condemns ICC warrant for Omar Al Bashir

DAMASCUS, (PIC)– Hamas on Wednesday strongly condemned the international criminal court’s decision to arrest Sudanese president Omar Al-Bashir for alleged war crimes in Darfur region west of the Sudan.

Hamas in a statement commenting on the decision said that the Arab, Islamic and foreign countries should refuse to deal with it.

It declared full support for Bashir and the Sudan in confrontation with this “American-Zionist targeting”, pointing out that the UN was once again proving that it had turned into a tool in the hands of the super powers topped by the USA.

The decision proves that the court is biased in favor of the colonialist powers and its double standards, the Movement charged.

Hamas said that the international court should have rather issued warrants of arrest against the Israeli war criminals such as Ehud Olmert, Tzipi Livni, Ehud Barak, Shimon Peres and Benjamin Netanyahu among other “senior war criminals” who have committed heinous massacres against the Palestinian and Lebanese peoples.

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Al Bashir vows to travel abroad in spite of ICC arrest warrant

UNITED NATIONS, March 4 (KUNA) — Sudanese UN envoy Abdelmahmoud Mohamed on Wednesday said President Omar Al-Bashir will continue to travel abroad and may even attend the Arab Summit in Qatar later this month, when invited, and despite the International Criminal Court (ICC)’s decision earlier today to issue an arrest warrant against the Sudanese leader for warms crimes committed in Darfur.
“His international schedule will be done in the same routine manner … when the invitation comes, he will go definitely. There is no change whatsoever. Of course he will travel, because many countris are saying the ICC ruling is politically motivated,” Mohamed told a press conference in answer to a question.
Only states parties to the ICC Rome Statute are obliged to abide by the ICC ruling. The only Arab states parties are Jordan and Djibouti.
Mohamed also said his government will no longer seek a Security Council action to defer for twelve months the implementation of the ICC decision, as stipulated by article 16 of the ICC Rome Statute.
Article 16 states that no prosecution may begin under this Statute for a period of twelve months, renewable, after the Security Council has requested the court to that effect.
“Indeed, we are not at all going to demand article 16, because our demand now is to dismiss this whole criminal plot against our country … Our objective will continue to be the peace process and reaching a final and lasting solution for the problem of Darfur whatever the cost might be,” he said.
He reiterated his government’s position that it will not abide by the ICC decision which is an “insult to justice.” He described the conflict in Darfur as a “traditional conflict blown out of proportions” by the US, UK and France which want to fragment Sudan. “We will not fall in their trap,” he said.
He even accused these contries of targeting “our oil, our wealth and political importance in the continent, … and our Sudanese-Chinese relations, ” accusing France of having re-colonisation ambitions in the continent.

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OIC Secretary General claims ICC warrant for Al Bashir will undermine peace efforts

OIC Secretary General strongly rejects the ICC indictment against President of the Sudan

Date: 04/03/2009 

The Secretary General of the Organization of the Islamic Conference Ekmeleddin Ihsanoglu, has expressed his deep disappointment over the announced indictment by the International Criminal Court (ICC) against President Omar Hassan El Bashir of the Sudan and strongly rejected this move which is void of sound reasoning.

While reiterating the principled position of the OIC on the issue, the Secretary General expressed his concern that this action could seriously undermine the ongoing efforts aimed at facilitating early resolution of the conflict in Darfur and promotion of long lasting peace and reconciliation in the Sudan. He also pointed out that this action could further lead to dangerous ramifications and greater destabilization for the country and the entire region.

Secretary General Ihsanoglu, at the same time, rejected the kind of selectivity and double standards applied by the international community in dealing with issues of crimes against humanity and war crimes which directly affects the credibility of the international legal system.

The Secretary General once more appealed to the UN Security Council to suspend the move by the ICC in the interest of the ongoing peace efforts in the Sudan.

Taking this opportunity the Secretary General reiterated his call to the Sudanese authorities to expedite the investigations and judicial procedures to bring the perpetrators of the alleged crimes committed in Darfur to justice so that the principle of justice is respected and upheld unequivocally.

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Arab League expresses solidarity with Sudan’s Omar Al Bashir in face of ICC arrest warrant

Arab League expresses concern over decision of international criminal court to arrest the Sudanese President   Mar 04, 2009

Cairo, (SANA)-Arab League Council on Wednesday expressed strong concern and annoyance over the decision of the international Criminal Court to arrest the Sudanese President Omar Hassan al-Bashir. The Council held an extra ordinary meeting on the level of Arab foreign Ministers to discuss the decision of the international court. It underlined full solidarity with Sudan in the face of any plot that targets its sovereignty, unity and stability and the fairness of the Sudanese judiciary, rejecting any attempt to politicize the international justice principles. The Council expressed regret that the UN Security Council was not able to use Article 16 of the International Court’s articles of association to suspend procedures taken by the Court against the Sudanese President, underlining the immunity of the Presidents according to Vienna Agreement of 1961. Syria took part in the meeting represented by its permanent envoy at the Arab League Yussef Ahmad. Mazen ———————————- Al-Masakin News Agency http://almasakinnewsagency.wordpress.com/ http://feeds.feedburner.com/Al-masakinNewsAgency http://almasakinnewsagency.wordpress.com/feed/ http://twitter.com/AlMasakin

State Department confirms arms shipments through Russia, affirms Universal Jurisdiction of the ICC over Al Bashir, Roxana Saberi still incommunicado

Missoula, March 4 (Al-Masakin)–Acting Deputy Spokesman for the U.S. State Department Gordon Duguid responding to reporters questions about the U.S. position on the issuance of an arrest warrant for Sudan’s President Omar Al Bashir by the International Criminal Court (ICC) confirmed at the daily press briefing this morning that the “the United States does is we expect all parties in Darfur to cooperate with this…and we want to see those who have committed atrocities held accountable for their actions and their crimes.”

Although the United States is a non-signor to the Rome Statute establishing the ICC, and has enacted legislation opposing the courts authority to try an American citizen, it has supported the authority of Universal Jurisdiction over other cases besides the indictment of Al Bashir such as the International Criminal Tribunal for the former Yugoslavia (ICTY), the Special Tribunal for Lebanonat the Hague (STL), and Extraordinary Chambers in the Courts of Cambodia (ECCC)in Phnom Penh.

Theh Spokesman also confirmed that American military supplies are now moving through Russia to supply NATO’s International Security Assistance Force in Afghanistan, but deferred questions about the details of that operation to the Department of Defense.

With respect to the detention of American reporter in Iran Roxana Saberi the Spokesman said: “We’re working through our protecting power, the Swiss, in order to make sure that a consular officer has access, that Ms. Saberi receives legal counsel, and that any trial that would result from her charges is both transparent and follows the established judicial process.”

The Spokesman said that the Swiss have confirmed that Saberi is detained in Iran’s Evin Prison, but could not confirm the charges against her.  The Secretary of State Hillary Rodham Clinton reportedly told ABC’s Martha Raddatz that the State Department is seeking to preclude a trial in the Saberi case, the Spokesman said however that establishing consular access to Saberi and providing her with legal council was the first step in obtaining her release.

Although the American government has in the recent past moved very aggressively to quash independent media, particularly reporters working outside the mainstream media, in this country through organizations such as the FBI, which has itself threatened to murder a reporters and, in addition to unlawfully detaining several, and using stool pigeons to orchestrate near fatal attacks on journalists, said that the detention of Saberi:

“This is not the kind of response that anyone wants to see to freedom of the press, which is a basic right in most other countries. Arresting journalists and holding them incommunicado for lengthy periods of time is not in any society’s interest, and it’s certainly not something that the United States agrees with or looks on favorably.”

The American government has never demonstrated that its commitment to the freedom of the press extends beyond house journalists who function as their mouth pieces.  Others are routinely beaten and jailed.

The Spokesman went on to say that although the State Department is still seeking diplomatic engagement with Iran, Iran’s “fist is still clenched.”

“As of right now, I have seen, you know, no signals that have welcomed our overtures. The fist is still clenched, if you will. We remain open to the possibility, but we are under absolutely no illusions about the difficulty of engaging Iran and are not putting our complete hopes that it will happen in the short term,” Deputy Acting Spokesman Gordan Duguid said this morning.

EHC / EHC

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United States affirms ICC warrant for Omar Al Bashir

Missoula, March 4 (Al-Masakin)–The U.S. State Department in a press release today, in response to the arrest warrant issued for Omar Al Bashir by the International Criminal Court (ICC), affirmed that the United States “believes those who have committed atrocities should be held accountable for their crimes” and urged the Sudanese government and other armed groups to exercise restraint in responding to this development and to “ensure the safety and security of vulnerable Sudanese populations, international civilians, and peacekeepers on the ground.”

The statement to the press went on to say that the United States was committed to peace in Sudan and the full implementation of the Comprehensive Peace Agreement (CPA) of 2005 and the efforts of UN/AU Mediator Bassole.

EHC / EHC

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ICC issues arrest warrant for Sudan’s Omar Al Bashir

http://www.indybay.org/newsitems/2009/03/04/18574909.php

Sudan’s President indicted on five counts of Crimes against Humanity and two counts of War Crimes, the crime of Genocide is not included in the warrant

bashir.4march09.pdf
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Missoula, March 4, (Al-Masakin)–The International Criminal Court (ICC) at the Hague, Netherlands, has issued its long expected arrest warrant for Sudan’s President Omar Al Bashir this morning for war crimes and crimes against humanity.

Al Bashir is suspected of intentionally directing attacks against the civilian population in Darfur, Sudan, which include murdering, exterminating, raping, torturing and transferring by force large numbers of civilians and looting heir property. An estimated 300,000 people have died in the conflict.

This is the first warrant issued by the ICC for a Head of State. The Pre-Trial Chamber I of the ICC claims Al Bashir capacity as a Head of State does not grant him immunity from prosecution, or mitigate his criminal culpability.
According to the Court, the aforementioned crimes were committed during a five-year counter-insurgency campaign led by Sudan’s government against the Sudanese Liberation Movement/Army (SLM/A), the Justice and Equality Movement (JEM) and other armed groups opposing the Government of Sudan in Darfur.

It is alleged that this campaign started soon after the April 2003 attack on El Fasher airport as a result of a common plan agreed upon at the highest level of the Government of Sudan by Omar Al Bashir and other high-ranking Sudanese political and military leaders. It lasted at least until July 14 2008, the date of the filing of the Prosecution’s Application for the warrant of arrest for Omar Al Bashir.

A core component of that campaign was the unlawful attack on that part of the civilian population of Darfur – belonging largely to the Fur, Masalit and Zaghawa groups – perceived to be close to the organized armed groups opposing the Government of Sudan in Darfur.

The civilian population was to be unlawfully attacked by Government of Sudan forces, including the Sudanese Armed Forces and their allied Janjaweed Militia, the Sudanese Police Force, the National Intelligence and Security Service and the Humanitarian Aid Commission.

The Chamber found reasonable grounds to believe that Omar Al Bashir, as President and Commander-in-Chief de jure and de facto, of having coordinated the design and implementation of the counter-insurgency campaign. In the alternative, it also found that there are reasonable grounds to believe that he was in control of all branches of the “apparatus” of the State of Sudan and used such control to secure the implementation of the counter-insurgency campaign.

The counts

The warrant of arrest for Omar Al Bashir lists 7 counts on the basis of his individual criminal responsibility (article 25(3)(a)) including:

• Five counts of crimes against humanity: murder – article 7(1)(a); extermination – article 7(1)(b); forcible transfer – article 7(1)(d); torture – article 7(1)(f); and rape – article 7(1)(g);
• Two counts of war crimes: intentionally directing attacks against a civilian population as such or against individual civilians not taking direct part in hostilities – article 8(2)(e)(i); and pillaging – article 8(2)(e)(v).

Findings concerning genocide

The majority of the Chamber, Judge Anita Ušacka dissenting, found that the material provided by the Prosecution in support of its application for a warrant of arrest failed to provide reasonable grounds to believe that the Government of Sudan acted with specific intent to destroy, in whole or in part, the Fur, Masalit and Zaghawa groups.

Consequently, the crime of genocide is not included in the warrant issued for the arrest of Omar Al Bashir. Nevertheless, the Judges stressed that if additional evidence is gathered by the Prosecution, the decision would not prevent the Prosecution from requesting an amendment to the warrant of arrest in order to include the crime of genocide.

Cooperation of States

The Judges directed the Registrar to prepare and transmit, as soon as practicable, a request for cooperation for the arrest and surrender of Omar Al Bashir to Sudan, and to all States Parties to the Rome Statute and all United Nations Security Council (UNSC) members that are not party to the Statute, as well as to any other State as may be necessary.

The Judges found that, according to UNSC resolution 1593 and articles 25 and 103 of the UN Charter, the obligation of the Government of Sudan to fully cooperate with the Court prevails over any other international obligation that the Government of Sudan may have undertaken pursuant to any other international agreement.

Obstruction of Justice

Pre-Trial Chamber I also found that the Government of Sudan has systematically refused to cooperate with the Court since the issuance of warrants for the arrest of the Sudanese Minister for Humanitarian Affairs, Ahmad Harun, and a regional Janjaweed militia leader, Ali Kushayb, on May 2, 2007.

As a result, the Judges emphasized that, according to article 87(7) of the Statute, if the Government of Sudan continues to fail to comply with its cooperation obligations to the Court, the competent Chamber “may make a finding to that effect” and decide to “refer the matter […] to the Security Council.”

Furthermore, the Judges noted that the dispositive part of UNSC resolution 1593 expressly urges all States, whether party or not to the Rome Statute, as well as international and regional organizations to “cooperate fully” with the Court.

EHC / EHC
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Three judge panel of the ICC to publish decision on possible arrest warrant for Sudan’s President Omar Al Bashir March 4

Missoula, Feb. 23 (Al-Masakin)–The International Criminal Court (ICC) shall publish its decision on whether or not to issue an arrest warrent for Sudan’s President Omar Al Bashir for the crimes of genocide, crimes against humanity, and war crimes.

In an effort to quash media rumors about a possible arrest warrant being issued for Al Bashir, the three judeg panel of Pre-Trial Chamber I,  after noting the Prosecution’s application for an arrest warrent for Al Bashir made July 14, 2008, article 58 of the Rome Statute, which established the procedure for issuance of summons and arrest warrents for failure to appear, and article 68 which protects the witness and victims of the crimes, decided to make a public announcement on the disposition of the case March 4.

EHC / EHC

For Immediate Release: ICC: No decision made on arrest warrant for Sudan’s President Omar Al Bashir

 

Press Release: 12.02.2009

 

 

No decision concerning possible arrest warrant against President Al Bashir of Sudan

 

ICC-CPI-20090212-PR389 عربي

 

 

Situation: Sudan

Following press articles published today, the International Criminal Court (ICC) wishes to inform the media that no arrest warrant has been issued by the ICC against President Omar Al Bashir of Sudan. No decision has yet been taken by the judges of Pre-Trial Chamber I concerning the Prosecutor’s application of 14 July 2008 for the issuance of such a warrant.

The Pre-Trial Chamber’s decision will be made public by the normal way of a press release and publication on the Court’s website.

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For further information please contact Ms Laurence Blairon, Spokesperson, Head of the Public Affairs Unit, Public Information and Documentation Section at +31 (0)70 515 87 14 or +31 (0) 6 46 44 88 89 or at laurence.blairon@icc-cpi.int.