Picture by Sudan Tribune.
ICC Pre-Trial Chamber II refers to the UNSC Sudan’s non-cooperation and failure to arrest Abdel Raheem Hussein
The Pre-Trial Chamber II of the International Criminal Court (ICC) found yesterday that the State of Sudan has failed to arrest Abdel Raheem Muhammad Hussein against whom the ICC has issued an arrest warrant on 1 March 2012 and to surrender him to the Court.
The Chamber also found that Sudan failed to consult with the Court and to liaise with its relevant organs to execute the pending arrest warrant. The Chamber decided to refer the finding of Sudan’s non-cooperation to the United Nations Security Council, which might decide to take the measures they deem appropriate.
The Chamber noted that Sudan has consistently refused to surrender any of his nationals to the ICC’s jurisdiction and that Mr. Hussein continues to hold public office in Sudan. The Chamber considered that Sudan’s non-cooperation constitutes a failure to comply with resolution 1593 of the United Nations Security Council which created for Sudan, UN member since 1956, an obligation to cooperate fully with the ICC. The Chamber also stressed that the ICC relies mainly on the States’ cooperation to fulfil its mandate, and that, when the Security Council refers the situation in Darfur to the Court as constituting a threat to the international peace and security, it might be expected that the Council might also consider deciding on a follow-up.
Background
On 1 March 2012, ICC Pre-Trial Chamber I issued a warrant of arrest against Abdel Raheem Muhammad Hussein for charges of crimes against humanity and war crimes allegedly committed in the context of the situation in Darfur (Sudan). Mr. Hussein was, until becoming governor of Khartoum early June 2015, Minister of National Defence of the Sudanese Government and former Minister of the Interior and former Sudanese President’s Special Representative in Darfur.
The Pre-Trial Chamber I considered that there are reasonable grounds to believe that . Hussein is criminally responsible for crimes against humanity (persecution, murder, forcible transfer, rape, inhumane acts, imprisonment or severe deprivation of liberty and torture) and war crimes (murder, attacks against civilian population, destruction of property, rape, pillaging and outrage upon personal dignity). These crimes were allegedly committed against the primarily Fur populations of the towns of Kodoom, Bindisi, Mukjar, Arawala and surrounding areas by the Sudanese armed forces and the Militia/Janjaweed in the context of a counter-insurgency campaign against the Sudanese Liberation Movement/Army (SLM/A), the Justice and Equality Movement (JEM) and other groups opposing the Government.
The plan of the counter-insurgency campaign was allegedly formulated at the highest levels of the Government of the Republic of the Sudan and had allegedly as a core component an unlawful attack on that part of the civilian population perceived by the Government as being close to the rebel groups.
The situation in Darfur was referred to the ICC by United Nations Security Council resolution 1593 on 31 March 2005, under article 13(b) of the Rome Statute.
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