Africa - Tuesday, October 21, 2008 5:52 - 0 Comments

Sudan: War Crimes Investigations Are Mere ‘Window Dressing’

Obvious Attempt to Derail ICC Cases on Darfur

Sudan’s recent legal actions against a militia commander and others accused of war crimes in Darfur hold little promise of bringing justice to victims of serious abuses, claims Human Rights Watch which accused the Sudanese government of trying to undermine investigations by the International Criminal Court (ICC).

“The Sudanese government is putting up more window dressing as part of its ongoing effort to block the investigations of the International Criminal Court,” said Georgette Gagnon. “No one should be fooled by these moves.”

Since the ICC prosecutor requested an arrest warrant for President Omar al-Bashir on July 14, 2008 for war crimes, crimes against humanity, and genocide, Sudan has made the appearance of holding alleged perpetrators accountable for serious crimes in Darfur.

The ICC statute allows the court to proceed in a case only if relevant national courts are “unwilling or unable genuinely to carry out the investigation or prosecution.” ICC judges have interpreted this to mean that national courts must charge the same person with the same crimes as those brought before the ICC.

In August 2008, Sudan’s justice minister, Abdelbasit Sabdarat, appointed a special prosecutor and legal advisers in each of Darfur’s three states to investigate crimes that occurred from 2003 onward. In October, Sudanese justice officials announced that the new special prosecutor had completed an investigation into allegations against Ali Kosheib, a militia commander who is wanted by the ICC for war crimes and crimes against humanity.

Sudanese authorities have not publicly specified which charges they are investigating, but a justice official said that the investigation relates to “killing and looting” by Kosheib and two others. Kosheib was previously in custody in Sudan but was released for lack of evidence. Continue…