The ICC prosecutor Luis Moreno-Ocampo said
Thursday he will seek to prosecute rebel groups in Sudan's Darfur
region just as he is prosecuting Sudanese President Omar al-Bashir for
genocide, crimes against humanity and war crimes in Darfur's ethnic
conflict.
Moreno-Ocampo said the International Criminal Court
(ICC) based at The Hague represents the 'new legal framework' for the
world in addition to national judicial systems even though scores of
them, including Sudan, have yet to recognize the ICC.
He
informed the United Nations that he plans to seek the arrest of rebel
leaders responsible for the killing and rape of civilians in Darfur,
the same crimes he had charged Khartoum officials with, including
al-Bashir. Moreno-Ocampo on Monday asked a three-judge panel of the ICC
to issue a warrant for al-Bashir's arrest.
'Conflict managers
have to respect the new legal framework,' he said. 'Judges' decisions
cannot be ignored, no negotiators may overturn judges' decisions. Once
the (ICC) judges have issued another warrant (for al-Bashir), the issue
is not if an indictee should be arrested, but how and when.'
He had requested the arrest of Khartoum's minister of humanitarian
affairs Ahmad Muhammed Harun and Janjaweed militia leader Ali Muhammad
Ali Abd-Al-Rahman. Moreno-Ocampo has accused the pair of war crimes and
crimes against humanity.
'The biggest challenge has yet to
come,' Moreno-Ocampo said. He said once an warrant is issued to arrest
al-Bashir, he will ask Khartoum to execute.
'If it (Khartoum)
refuses, regional organizations will have a big responsibility in
finding solutions,' he said, speaking publicly for the first time since
he requested on Monday an arrest warrant for al-Bashir.
He proclaimed the ICC's and his own independence in legally pursuing the charges against the Sudanese leader.
'I am the prosecutor and I have to do my judicial part of the work for
the court, and it will be up to the state parties to decide,' he told a
press conference at UN headquarters in New York.
'I kept my
independence and I cannot be a political factor (in the peace process
in Darfur),' he said when asked whether arresting al-Bashir would harm
peace negotiations. 'I had informed the political actors of my work.'
The ICC was established by the Rome Statute signed in 1998 by more than 130 countries, of which 106 have ratified the convention setting up the court. Moreno-Ocampo and other officials of the court
based at The Hague were at UN headquarters to celebrate the 10th
anniversary of the adoption of the statute.
The United States, Sudan, China,
Russia and Israel have not signed the statute and rejected the ICC's
jurisdiction over genocide, crimes against humanity and war crimes.
The UN Security Council in 2005 asked the ICC to investigate the ethnic
killing in Darfur with the support of the US, China and Russia - three
of the five UN Security Council permanent members with veto power -
despite their rejection of the court. The other two permanent members -
France and Britain - have ratified the convention.
Moreno-Ocampo declined to discuss openly the charges he made against
al-Bashir, which he gave to a three-judge panel at The Hague when he
requested the arrest warrant on Monday. He said there was no deadline
for the panel to reply to his request.
The charges against
the Sudanese president had provoked strong and adverse reactions from
Khartoum, and concerns from UN Secretary General Ban Ki-moon, that they
might interfere with UN efforts to end the conflict through
negotiations involving al-Bashir.
Diplomats at UN
headquarters said some council members, including from China and a few
African nations, may request the Security Council to ask the ICC to
defer the legal process against al-Bashir for one year.
The
ICC said postponing the case is a legal and permissible step allowed by
the ICC convention. But the 15-nation council will have to adopt a
resolution requesting the postponement, because it referred Darfur to
the ICC also by a resolution.
Moreno-Ocampo asked the council
last December to call on al-Bashir for the surrender of Ahmad Muhammad
Harun, who was promoted as minister for humanitarian affairs after the
ICC charged him with war crimes in Darfur in his capacity as the
minister of the interior.
The prosecutor also asked for the
surrender of Ali Muhammad Ali Abd-al-Rahman, a leader of the Arab
militia known as Janjaweed, who had been fighting African rebel groups
in Darfur. The Janjaweed were accused of the worst atrocities against
Darfur's civilian population.
The UN said the ethnic conflict
in Darfur since 2003 had killed more than 300,000 people and made 2.5
million refugees. Most of the Darfur population have been receiving
humanitarian assistance from international relief organizations.