Genocide case 'should proceed'

2008-09-26 12:33

News York - International Criminal Court prosecutor Luis Moreno-Ocampo is resisting attempts by European and African powers to back off a genocide case against Sudanese President Omar al-Beshir.

Moreno-Ocampo, at the United Nations General Assembly to press his message, said that politics and the mission of the ICC should not mix.

Several African, Arab and European governments, notably France, are arguing for a compromise giving Beshir, accused of war crimes in the Darfur region, a way out of an international prosecution seen by some as western interference in African affairs, and by others as a move that could make a bad situation worse.

Moreno-Ocampo, in an interview with AFP on Wednesday, said politicians "have a responsibility to find solutions".

But Moreno-Ocampo, 56, an Argentine and veteran of the 1980s trials against former members of Argentina's military junta, said: "The solution cannot ignore the law and cannot ignore decisions of the court."

"I have a judicial responsibility," he added.

He met with sceptics of the prosecution case, including representatives of Qatar, the African Union and the Arab League.

"They invited me to brief them on the legal decision and I explained my mandate to them," he said.

"I have a legal mandate. I cannot comment on political activities. That's not my competency."

Moreno-Ocampo has secured one high-profile ally in UN Secretary General Ban Ki-moon and, more surprisingly, won support from the United States, which has long been unenthusiastic about the ICC.

Aides to the prosecutor praised the UN boss and said they were confident about getting an arrest warrant against Beshir by early December.

In July, the prosecutor asked the court for an arrest warrant against the Sudanese leader on charges of genocide, crimes against humanity and war crimes in Darfur.

If approved, it would be the first arrest warrant issued by the world court against a sitting head of state.

Khartoum has rejected the accusations against Beshir and threatened to demand the withdrawal from its territory of the joint UN-African Union peacekeeping force in Darfur (UNAMID).

A panel of judges is reviewing the evidence to determine whether there are reasonable grounds to proceed.

Beshir has shrugged off the threat of prosecution, while Arab and African leaders have warned of the dangers to regional stability if the Sudanese leader is arrested.

On Friday, France raised the possibility of suspending court proceedings against Beshir in exchange for a "gesture" of good will from Khartoum towards the ICC.

The UN Security Council has the option of deferring the prosecution for one year or more, if the move is backed by nine of its 15 members and all five permanent members, which include France.

Moreno-Ocampo said he briefly met with French Foreign Minister Bernard Kouchner on Wednesday, but not for long enough to do more than "say hello. We didn't have time to talk".

Kouchner, meanwhile, says he had assured Moreno-Ocampo that France "supports international justice".

According to the United Nations, up to 300 000 people have died in Sudan's western Darfur region and more than 2.2 million have fled their homes since rebels rose up against Khartoum in February 2003. Sudan says 10 000 people have been killed.

- AFP