Radio Netherlands Worldwide

SSO Login

More login possibilities:

Close
  • Facebook
  • Flickr
  • Twitter
  • Google
  • LinkedIn
Home
Monday 13 February RNW - News and analysis from the Netherlands in 10 languages, worldwide 24/7 on radio, television and online
Enter a description of the photo here
Map
The Hague, Netherlands
The Hague, Netherlands

Arbour and Cassese criticize the ICC in Darfur

Published on : 22 October 2006 - 11:00pm | By International Justice Tribune
More about:

On 24 July 2006 the International Criminal Court (ICC) Pre-Trial Chamber invited Antonio Cassese and Louise Arbour to tell them about "the protection of victims and the preservation of evidence" in the region of Darfur, Sudan. Former International Criminal Tribunal for the former Yugoslavia (ICTY) President Cassese had led the International Commission of Inquiry on Darfur. His report resulted in the case being referred to the ICC in March 2005. Arbour, a former Chief Prosecutor for the tribunals for Rwanda and former Yugoslavia, is the United Nations High Commissioner for Human Rights. In their written briefs, filed on August 25 and October 10 respectively, both experts politely but sternly advised that the victims would benefit from more visible involvement by the ICC Prosecutor in Darfur. The last time ICC Prosecutor Luis Moreno Ocampo reported to the UN Security Council on the Darfur situation, in June 2006, he stated that "the continuing insecurity in Darfur is prohibitive of effective investigations inside Darfur", and that no effective and sustainable witness protection system was in place. Although his office had undertaken four missions to Khartoum to interview the Sudanese authorities, victims and witnesses statements were taken solely outside Sudan. Arbour noted that "it is rare that there can be a complete assurance to victims" for their protection and that testifying will always be a risk. "The existence of such a risk, however, cannot be held by itself as reason sufficient not to undertake any investigation at all. If that were the case, few investigations in a conflict or post-conflict situation would be capable of significant progress", she wrote. Besides, more weight should be given to each person's own wishes. "The autonomy of victims and their own wishes, fully informed and aware of the relevant circumstances, to proceed and cooperate with the investigation, warrant substantial respect", Arbour added. She then warned: "The ICC's presence on the ground would also [greatly] contribute (...) to [reducing] violence and [protecting] vulnerable groups against further human rights violations." And to the extent that the security impediments are created by the very perpetrators in an effort to defeat the investigations, "the Court risks being seen as exacerbating violence and insecurity." In 2005, Cassese had already advocated for swift prosecutorial action. "By pinpointing the five or so most responsible, establishing the chain of command and issuing arrest warrants, the Sudanese leadership would come under serious pressure to cooperate", he confided to IJT. In his brief to the Court, Cassese reiterated that such a prosecution strategy "would be the most effective way of protecting present and prospective victims of crimes in Darfur." On September 11, the Prosecutor politely but bitterly replied to Cassese. This is a "matter over which the Office of the Prosecutor alone enjoys discretion and the strategy does not currently involve investigative operations in Darfur", he wrote before assuring the Pre-Trial Chamber that he had gathered "significant amounts of information and evidence."

Most popular news in this dossier

International Criminal Court in The Hague

Kenyatta to take the stand at ICC

Uhuru Kenyatta is sure his file at the International Criminal Court does not contain anything that implicates...
teaser-nederlandse-tamils

Tamil Tiger 5 – a case of irony and disappointment

After four emotional weeks in court and another two weeks of quiet deliberation, the trial against 5 Dutch-...
Ocampo 4

Ocampo 6 – political fallout for Kenyans

The just-concluded confirmation of charges hearings against six Kenyans at the International Criminal Court...
Tamils protesting against the war

Tamil war machine runs in the Netherlands

The Tamil community in the Netherlands (between 9,000 and 13,000 people) has been “largely annexed...
The ICC’s chief prosecutor – how did he fare?

Ocampo at ICC - 9 years, 0 convictions

Time is nearly up for the world’s first ever Chief Prosecutor of the International Criminal Court (ICC...

Discussion

Post new comment

Please be reminded all comments must be in English, short and to the point - guideline 250 words. Abusive and inappropriate comments will be removed.

The content of this field is kept private and will not be shown publicly.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <p> <br>
  • Lines and paragraphs break automatically.
  • Web page addresses and e-mail addresses turn into links automatically.

More information about formatting options

RNW Player

International Justice

From the former Yugoslavia to Rwanda, Cambodia and Lebanon, Radio Netherlands Worldwide reports on international justice. We offer background news and reporting on war crimes, human rights abuses and genocide.

RNW - News and analysis from the Netherlands in 10 languages, worldwide 24/7 on radio, television and online