U.N. Secretary-General Ban Ki-moon addresses the International Criminal Court Monday, opening its annual two-week meeting which many see as chance to examine the credibility of the first permanent international war crimes tribunal. Ban addresses the 105-nation ICC as the court faces international criticism for its failure to prosecute Sudanese war crimes suspects. Analysts say that without a strong message from Ban emphasizing the need to bring suspects before the scrutiny of the international community, the Sudanese and other governments may walk away with the impression they can defy the world bodies without consequence.
The U.N. Security council referred the Darfur case to the International Criminal Court, charging a Sudanese cabinet minister and a Janjaweed military chief with war crimes and crimes against humanity. The 2005 resolution requires the Sudanese government to cooperate with the court by handing the suspects over to face prosecution. The Sudanese made moderate gestures of cooperation by agreeing to establish its own special court to examine the atrocities, but has so far refused to submit to international inquiry.
The Sudanese government is not party to the ICC and therefore is not subject to its jurisdiction. The principle of complimentarity at the court states that the court may only participate in reconciliation measures at the request of the state involved. The court also may not interfere in the affairs of non-signatories. However, the referral of the Sudanese case to the ICC by the Security Council creates a special circumstance. Sudan is a party to the United Nations and therefore is theoretically obligated to comply with its mandates. The U.N. referral, therefore, directs the Sudanese cooperate with the ICC.
Ban is expected to urge member states to “do everything within their powers to assist the court in enforcing the outstanding warrants” in Darfur. The failure of the Sudanese to submit to the court means the reconciliation process may not meet the satisfaction of the international community.
“Without arrests, there can be no trials. Without trials, victims will again be denied justice. The potential deterrent effect of the court will be reduced,” the courts president, Philippe Kirsh, said. But the Sudanese ambassador for the United Nations stood firm.
“We will never turn over our citizens to be tried abroad,” Abdalmahmood Abdalhaleem Mohamad said. “If there are accusations against any of our citizens, the judiciary in Sudan is more than capable.”
