In an early reaction, Secretary-General Ban Ki-moon pledged that the United Nations’ extensive humanitarian and peacekeeping operations in Sudan will continue, stressing the ICC’s status as an “independent judicial institution,” in a statement issued by his spokesperson.
Mr. Al-Bashir was indicted on two counts of war crimes and five counts of crimes against humanity. However, the Hague-based ICC’s pre-trial chamber found there was insufficient evidence to charge him with genocide, but stressed that if the prosecution presents additional evidence the warrant could be amended at a later date.
“He is suspected of being criminally responsible, as an indirect (co-)perpetrator, for intentionally directing attacks against an important part of the civilian population of Darfur, Sudan, murdering, exterminating, raping, torturing and forcibly transferring large numbers of civilians, and pillaging their property,” according to a press release issued by the Court.
An estimated 300,000 people have died in Darfur, either through direct combat or because of disease, malnutrition or reduced life expectancy, over the past five years in Darfur, where rebels have been fighting Government forces and allied Arab militiamen, known as the Janjaweed, since 2003.
Last July, Prosecutor Luis Moreno-Ocampo presented evidence to the Court against Mr. Al-Bashir for alleged crimes in Darfur, some three years after the Security Council requested him to investigate atrocities committed in the region.
These crimes, the chamber said, were allegedly committed during the Sudanese Government’s 2003-2008 counter-insurgency campaign waged against armed groups including the Sudan Liberation Movement Army (SLM-A) and the Justice and Equality Movement (JEM).
It said that a key element of this campaign was the “unlawful attack” on civilians – belonging mostly to the Fur, Masalit and Zaghawa groups seen to be allied to the groups opposing the Government in Darfur – by Sudanese forces, including the Janjaweed.
As the President of Sudan and Commander-in-Chief of the Sudanese Armed Forces, Mr. Al-Bashir allegedly directed the campaign and put it into place, the ICC found.
“Omar Al-Bashir’s official capacity as a sitting Head of State does not exclude his criminal responsibility, nor does it grant him immunity against prosecution before the ICC,” the press release said.
Today’s warrant issued for Mr. Al-Bashir marks the third to arise from the situation in Darfur. In May 2008, the pre-trial chamber issued arrest warrants for Ahmad Harun, former Sudanese Minister of State for the Interior and now the Minister of State for Humanitarian Affairs, and Ali Kushayb, a Janjaweed leader.
Mr. Ban, in the statement issued by his spokesperson, called on the Sudanese Government to continue cooperating fully with all of the world body’s entities, “while fulfilling its obligation to ensure the safety and security of the civilian population, UN personnel and property, and that of its implementing partners.”
Earlier this week, the top UN peacekeeping official said that regardless of the ICC’s decision, the hybrid UN-African Union (AU) mission in Darfur (UNAMID) will continue protecting the local population.
“The Government would assume its full duty of protecting UN missions in Sudan against any negative impact that may result from ICC possible decision against the Sudanese political leadership,” Under-Secretary-General for Peacekeeping Operations Alain Le Roy told journalists in New York on Monday.
One year on from transferring the task of suppressing the violence to UNAMID from the AU Mission in Sudan (AMIS), just over 60 per cent of the 19,555 military personnel authorized by the Security Council are now in place across Darfur.
Source : UN News Centre