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Yours,
Politics in Depth.
Answer
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Name
Amrosconi
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Profession
Question
Salam Alikom,
Could you explain the competence of the court to sue a non-party to ICC? and how do you think Israel could be used before the ICC?.
Answer
Concerning the competence of the ICC, the Rome statute doesn't stipulate or specify any competence or any link between the court and the non-party. In more than ten articles, there is a clear demarcation line between the parties and the non-parties, in the preamble of the statute, there is a call for admission in the court to be universal.
This means that the scope of competence could be enlarged by admission and this also means the non-parties are not in any way addressed by the statute.
This is clear in the statute itself, and it is also a principle of the law of treaties which have been embodied in article 34 of the UN convention on the law of treaties concerning the relativity of the effect of the treaty, which means that the treaty applies only on it parties. And at the end of the day the Rome statute is an international treaty.
Concerning suing Israel, the article 30 refers to three ways to invoke the competence of the court, the first way is to submit the case by a party to the statute, the second way is to be referred by the security council, the third way is that the case could be invoked before the court by the Prosecutor General of the court proprio motu.
In this third case, Israel can be prosecuted by the Prosecutor General since he had received 350 complaints and documented files against Israel, but the Prosecutor General, who is politically motivated, gave this case a deaf ear.
Name
Abulqassim
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Profession
Question
How this ICC arrest warrant will affect the peace process in Sudan? DO you think the South will seek independence in such hard times of the Sudanese government?
Answer
This warrant arrest could surely affect the peaceful settlement in Sudan either in Darfur or in the South.
Fortunately, in the south, the partners of the ruling party in Khartoum are in accord concerning the attitude regarding the ICC, but in Darfur, the decision of the court is in favor of the rebels.
This means the rebels are not willing any more to join the peaceful settlement of the conflict.
Concerning the south, there will be a referendum in 2011, and the south will decide in that referendum what people pf the south want, but the disintegration in Khartoum will jeopardize the healthy relationship between the north and the south.
Name
Barakat Ali
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Profession
Question
Do you think there are some US and western interests behind this ICC rule against Al- Basheer? What are such interests?
Answer
Definitely, it's a matter of interest and ambitions too, because Darfur is very rich in its natural resources, and the United states and France are pressing Sudan for getting gains from such resources.
we have Israel too, which is the third partner providing arms to the rebels, training them and campaigning for them.
Israel in fact is not looking for resources, but it's aiming at the disintegration of Sudan as a part of Israel's strategies to weaken Egypt.
Name
Othman Abdullah
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Profession
Question
What can the Sudanse president legally do to stop that decree of the ICC. Is there a space for appeal in this case or something similar?
Answer
Sudan has many legal and political options here.
Now the delegation of the Arab league and the African union will try to convene an urgent session for the UN Security Council to consider the animation of the article "16" of the Rome statute to postpone or cease the act of the court against Al-Basheer.
In the meantime, I hope that the second track between the mediators and the US could be opened to defuse the problem against Sudan.
On the legal level, Sudan has many options too that it can opt for.
Name
Ahmed Rabee
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Profession
Question
What are the coming stebs in your expectaion? I mean how could the ICC arrest Al-Basheer? Will Al-basheer be not able to travel anywhere in the world, and what if he goes for example to any African country? thank you
Answer
We have a warrant of arrest here, and the states that want to arrest Al-Basheer will have the legality to do so, and the states that do not are also acting legally.
We are witnessing an unprecedented case here, as it is the first time a setting president is facing such an ICC warrant of arrest. If a party country in the ICC is not willing to cooperate, it has a legal ground, as cooperation with the ICC in such cases is not necessarily binding. But if this same country is willing to arrest him, so it's acting legally too, as there is a warrant of arrest that has already been issued by the ICC.
Name
M. Shaheen
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Profession
Question
Sir, will this provoking ICC move lead to violence in the troubled Sudan, or this will have no effect whatsoever on the ground?
Answer
This move will probably cause unrest in the already unstable country of Sudan. This move may also push the Sudanese president to take tough security measures to guarantee that no rebel movements could threaten his rule.
He will of course try hard to maintain stability in the country and this may push him to declare emergency if he feels real threats.
He may also cancel the presidential elections scheduled this year for that reasons.
He will also be supported by the Sudanese people that understand the stances of the ICC and that of the USA and some western powers.
Name
Abdul-Rasheed
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Profession
Question
Why are the US and the western powers willing to undermine Sudan and any Muslim country that speaks of applying Sharia? Is this a real reason, or what? thanks a lot.
Answer
This may be part of the reality, but on the other hand, there are natural resources in Sudan, and the United States and some western powers are looking forward to these resources out of greediness.
The rebels have no problems in giving in to such foreign acquisitiveness.
They want also to divided Sudan as a start to undermine Egypt's power in the region. Sudan represents a national security line for Egypt from the south.
The US has to stop thinking this imperial way that destroys nations.
Name
Ismael - France.
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Profession
Question
Will demonstrations worldwide against the ICC rule may have a positive effect for Al-basheer? Can the ICC overlook the warrant of arrest in such a case?
Answer
I think no country will apply the ICC warrant of arrest. This is a stupid move by the ICC to take, which will augur badly for its reputation, put down its weight and mar its neutrality in the eyes of many peoples of the world.
The Arab and Muslim countries will stand by Al-Basheer and I think they will press against that rule. I believe Sudan will come out stronger and the ICC move will finally not work with the Sudanese president.
Popular support is of course of a significance and may contribute to more pressure on the ICC to reconsider its stances.
Name
Khalid
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Profession
Question
Is that a start for the so-called international community and the Security council to invade Sudan Will we witness another Iraq and Afghanistan.
Answer
I Don’t think that the issue will go to that extent. The ICC's act is to send a message to Khartoum.
It's also to send a message to leaders of the region and the Middle East.
I don't think an invasion of Sudan will be likely at present. The United States is not thinking of that step as I believe. The country's natural resources are the main focus of the USA and some European powers, which is reflected in these recent stances of the ICC.
This move, if sought by the USA, will have so many repercussions in the Middle East, but I do not believe things will develop that far.
Name
Editor - Hany Ramadan
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Profession
Question
Dear visitors,
The session has ended. We would like to thank Dr. Abdullah Al-Ashal for taking the time to answer your questions, and all those who participated in the dialogue.
