Weekly Report Brief UNSC’s justice is it optional or obligatory?
There is still constant controversy over the resolution of Fatou Bensouda, the Prosecutor of the International Criminal Court (ICC), in regard of postponement of more investigations about war crimes in Darfur due to lack of serious moves by the United Nation Security Council (UNSC) to arrest the accused. Bensouda, has referred the investigation file to the UNSC to carry out its responsibilities and to issue a resolution on the activation of the warrant of arrest issued against Sudan’s President, Omar al-Bashir, who is accused of war crimes and crimes against humanity, as well as other Sudanese officials.
Bensouda, in her semi-annual report to the UNSC on the situation in Darfur, said that she believes there is no benefit in the continuation of the investigations on those accused of crimes against humanity during the war in Darfur, where the previous efforts had failed to bring them to justice. She also said that the ICC has other claims pending adjudications and that needs financial resources, reiterating that the Security Council has not arrested President Al-Bashir, and did not even take any action against the countries he visited.
The ICC has issued a warrant of arrest against the Sudanese President Omar Al-Bashir in June 2008, as well as previous warrant in April 2007 against each of the: former Minister of State for the Ministry of Interior, Ahmed Mohamed Haroon and Ali Abdulrahman Kushaib, who is a leader in the Janjaweed militia, which is loyal to the Government of Sudan (GoS). Further a fourth warrant of arrest against the Minister of Defence, Abdulraheem Mohamed Hussein, was issued in March 2012, whereas none of those was ever arrested.
The first official reaction has come from the Sudanese President, who considered the ICC Resolution as a victory for the will of the Sudanese people, and described the ICC move as surrendering one, confirming that “it is politicized and one of the colonialism tools against Africans”. However, the Resolution was shocking and disappointing for the victims, while some contribute it to impunity, referring to the long time since issuance of those warrants of arrests; meanwhile some believe that these warrants for arrests are subject to political compromises.
Actually, there are some rumors that the UNSC will exert pressure on GoS to implement autonomy in the regions of Blue Nile and South Kordofan, which is similar to the UNSC’s attitude in an earlier period over the ICC’s resolutions and in order to enable GoS to conduct a smooth referendum that ensures secession, typical to that of South Sudan.