Press Releases:

July 14, 2008

ICC: Darfur arrest warrants and justice

The request by the prosecutor of the International Criminal Court for an arrest warrant for the president of Sudan for genocide and other crimes is an important step toward the pursuit of justice and acknowledging the suffering by the victims of Darfur, one that also makes clear heads of state are not immune from the reach of the law, the International Center for Transitional Justice said Monday.

This request for arrest warrants comes at a difficult time in Sudan. Threats from the Sudanese government in recent days are of great concern. The ICTJ urges the international community to hold Sudan's government fully accountable if there is any retaliation against civilians, humanitarian workers or international peacekeepers.

"The prosecutor is carrying out the mandate the UN Security Council gave him in 2005 to investigate events in Darfur," said Juan E. Méndez, president of the ICTJ. "He believes he has found evidence of serious crimes, and international law gives him authority to act."

The prosecutor's office in The Hague is seeking an arrest warrant against President Omar Al-Bashir on charges genocide, crimes against humanity and war crimes.  After studying the prosecutor's evidence, a panel of judges will decide whether there are reasonable grounds to issue the warrants. Particularly significant is the Prosecutor's allegation that the crimes in Darfur have not been the result of a counter-insurgency campaign but were the result of an intent to destroy, at least in part, some ethnic groups living in Darfur.

"If Sudan's government is allowed indefinitely to use threats of violence to block action by the Court, the basic principles of justice will be betrayed," said Mr. Méndez.

"The international community should not tolerate any new violence or threats against peacekeepers or humanitarian missions in Darfur," Mr. Méndez said. "It is the government of Sudan that should be held fully accountable for any consequences."

In 2007, the ICC issued arrest warrants against Sudan's former minister of state for the interior and also against a prominent leader of the state-sponsored militia that has carried out attacks against civilians in Darfur, charging them with crimes against humanity and war crimes. Sudan has so far refused to arrest the two men and hand them over to the court. It also has not attempted to bring them to trial in Sudan.

This is not the first time authorities have indicted a sitting head of state. War crimes courts charged Slobodan Milosevic of Serbia with genocide, crimes against humanity and violating the laws of war; and Charles Taylor of Liberia for war crimes and crimes against humanity committed in Sierra Leone.

"History shows that silence in the face of atrocities does not prevent further crimes," said Mr. Méndez. "In Sudan, the ICC can give victims a path to justice."

The request for arrest warrants should not be seen as the prosecutor taking sides in Darfur. It is possible the prosecutor will seek additional warrants, including against rebel leaders. Arrest warrants also are not a bar to negotiated settlements to armed conflicts. Neither are they a bar to continued cooperation with the UN on issues of peacekeeping or humanitarian assistance.

About the ICTJ

The International Center for Transitional Justice (ICTJ) assists countries pursuing accountability for past mass atrocity or human rights abuse. The Center works in societies emerging from repressive rule or armed conflict, as well as in established democracies where historical injustices or systemic abuse remain unresolved.

To learn more about the ICTJ, please visit www.ictj.org

CONTACT
Robert Ruby
Communications Director
Office + 1 917 637 3845
Mobile +1 646 919 6599
rruby@ictj.org

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