ICC - Darfur - Ocampo-Moreno Addresses UN Security Council, Criticizes Sudan's Participation in Darfur Investigation

On December 5th, International Criminal Court Prosecutor Luis Moreno-Ocampo addressed the United Nations Security Council on the topic of Sudan's non-compliance with its legal obligations regarding the Darfur investigations.^[1] Moreno-Ocampo expressed concern over the fact that Ahmad Harun, former Minister of State for the Interior of the Sudan, and Ali Kushayb, a militia/Janjaweed leader, have neither surrendered nor been arrested.^[2] Further, the ICC Prosecutor expressed disappointment at the Sudanese government's lack of effort in prosecuting the pair, citing specifically that Harun still remains Minister of State for Humanitarian Affairs.^[3]

In April of 2005, the United Nations passed Resolution 1593, which referred the all acts in situation in Darfur after July of 2002 to the International Criminal Court.^[4] The resolution called on the governments of Sudan and all parties involved in the conflict to aid the ICC in prosecuting responsible parties.^[5] Two years later, in April of 2007, the ICC issued an arrest warrants for Harun and Kushayb, charging them both with 51 counts of crimes of against humanity and/or war crimes.^[6]

The Sudanese representative to the UN stated at the General Assembly that despite Sudan's membership in the United Nations, it was had not adopted the Rome Statute and thus the ICC has no jurisdiction over Darfur.^[7] Moreno-Ocampo urged the Security Council to send a strong message to Sudan that they must, as a member of the United Nations, comply with Resolution 1593 and apprehend Harun and Kushayb.^[8]

Moreno-Ocampo cited continued violence in Darfur as a compelling reason for the Security Council to act.^[9] “We are witnessing a calculated, organized campaign by Sudanese officials to attack individuals and further destroy the social fabric of entire communities. All information points not to chaotic and isolated acts, but to a pattern of attacks,” he said, continuing, “Calling those crimes chaos or ‘sporadic violence’ or ‘inter-tribal clashes’ is a cover up.”^[10]

The Prosecutor also mentioned attacks against United Nations and international workers as a reason for the Security Council to act.^[11]

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^[1] United Nations Press Release SC/9186 (2007). [hereinafter UN Press Release]
^[2] Id.
^[3] Id.
^[4] United Nations Security Council Resolution S/RES 1593 (2005).
^[5] International Criminal Court Arrest Warrant for Ahmad Harun, ICC-02/05-01/07-2. ; See also, International Criminal Court Arrest Warrant for Ali Kushayb, ICC-02/05-01/07-2.
^[6] UN Press Release, supra note 1.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] Id.
^[11] Id.