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."





















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.