Lam Akol, the Sudanese foreign minister, announced in a press statement this past weekend that Ali Mohamed Abdel-Rahman, known as Ali Kushayb, was released from detention due to lack of evidence. Sudanese officials detained him in November for “suspicion of violation Sudanese laws.” Kushayb was the subject of the first ever arrest warrant issued by the International Criminal Court. Sudan, however, is not a party to the ICC and arrested him of their own volition.
The ICC issued its arrest warrant for Kushayb on April 27 for war crimes and crimes against humanity allegedly committed in 2003 and 2004. As the former minister of the interior, the ICC claims that Mr. Haroun was responsible for organizing and funding the Janjaweed paramilitary force, the principle actors in the atrocities in Darfur. Kushayb supplied arms to the janjaweed and was seen to be "involved in the execution of prisoners [and] in the rape of women." Kushayb earned the nickname The Butcher of Darfur by refugees from the region. In 2003, non-Arab farmers staged an uprising to protest perceived government neglect. The government supported a swift counter-insurgency campaign which sparked civil conflict between rebels and government backed militias. Over 2 million people have been displaced due to the ongoing conflict. Over 200,000 were killed.
The ICC may only consider crimes occurring after its establishment on July 1, 2002. Its principle of complimentarity states that it may only assist national courts in the prosecution of war crimes, crimes against humanity, and other violation. The ICC may not directly replace national courts and may only participate in nations that have ratified its indoctrinating statutes. As Sudan is not a party to the ICC, it is not under its jurisdiction and therefore has not responsibility to oblige. In this case, however, the ICC warrants were issued by the request of the United Nations Security Council. Sudan is a member of the United Nations and is therefore obliged to comply.
