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"Haroun knowingly contributed to the commission of crimes against humanity," said Moreno-Ocampo. |
AMSTERDAM — The International Criminal Court on Tuesday, February 27, accused Sudanese Humanitarian Affairs State Minister Ahmed Haroun and militia leader Ali Abd-al-Rahman of committing war crimes in Darfur, but Khartoum insisted it would not hand over any of its national to the Hague-based court.
"Haroun knowingly contributed to the commission of crimes against humanity and war crimes, including murder, rape, torture, inhumane acts, pillaging and the forcible transfer of civilian populations," the prosecutors said in a 94-page written filing cited by Reuters.
ICC prosecutors said security committees in Darfur made up of representatives of the Sudanese army, police and intelligence agencies reported to Haroun, especially on matters relating to the staffing, funding and arming of the Janjaweed.
UN and African Union observers blame the pro-government militia for the worst atrocities. But the government insists rebels were also to blame.
Chief prosecutor Luis Moreno-Ocampo asked pre-trial judges to issue summonses for Haroun, state minister of interior during the height of the Darfur conflict, and Abd-al-Rahman, also known as Ali Kushayb.
Press reports from 2003-2004 accused Ali Kushayb of leading attacks on villages around Mukjar, Bindisi and Garsil.
Moreno-Ocampo and his investigators have been looking into accusations of atrocities in Darfur at orders from the UN Security Council since June 2006, visiting 17 countries and conducting more than 100 interviews.
Their focus has been on events alleged to have occurred between 2003 and 2004, the most violent period in the conflict.
However, he has been criticized by NGOs and the UN high commissioner for not sending investigators to Darfur itself.
The UN says some 200,000 people have been killed and 2.5 million others driven from their homes in Darfur since 2003, when rebels took up arms against the government.
No Handover
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| "We will not allow our citizens to be tried on foreign soil," said Al-Khalifa. |
The ICC said in its filing that Khartoum had a "legal responsibility" to cooperate to make sure the two suspects appear at the court.
"Ensuring the persons' appearance is a major challenge. It will be primarily the responsibility of the territorial state, the Sudan, upon the chamber's decision, either to take steps to arrest the persons ... or to serve the summons."
The Sudanese government immediately shrugged off the arrest orders, saying it would not hand over any of its nationals to the international court.
"We will not allow any trial of our citizens on foreign soil," Magzoub Al-Khalifa, a senior aid to President Omar Al-Bashir, told Al-Jazeera news television.
"We are committed to bring in peace and stability in Sudan, but we will not allow our sovereignty to be violated."
Justice Minister Mohamed Ali al-Mardi said Monday, February 26, the ICC had no jurisdiction over Sudanese nationals.
Sudan's judiciary is "sufficiently independent and impartial" and has the "will and capacity to try all persons responsible for crimes in Darfur," he said.
The ICC, the world's first permanent war crimes court which started its work in 2002 with the support of 104 nations, is only supposed to prosecute when national courts are unwilling or unable to act.
Khartoum announced Monday putting several people, including military personnel and paramilitary troops, on trial for suspected involvement in Darfur attacks.
Rights groups say Khartoum's own investigations in Darfur have been largely for show.
Violence has never ebbed since the start of the war, despite a peace deal signed in the Nigerian capital of Abuja in May 2006 between Khartoum and one rebel faction.
The two groups which launched the rebellion at the start of the war have split into dozens of warring gangs, complicating the search for peace amid a profound humanitarian crisis.
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