Ministry of justice
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| 3. Alleged Offender
On 4 March 2009, Omar al-Bashir is the only person who was indicted with 3 crimes: genocide, war crimes, and crimes against humanity. The ICC issued an arrest warrant for al-Bashir with five counts of crimes against humanity: extermination, forcible transfer of a population, torture, and rape. Two counts of war crimes: “Attack against a civilian population and Pillaging”. Another six suspects have been indicted by the court, Ahmed Haroun, Ali Kushayb, Bahar Abu Garda, Abdallah Banda, Saleh Jerbo, and Abdel Rahim Mohammed Hussein for war crimes. On 27 April 2007, the ICC issued an arrest warrant for Ahmad Muhammad Haroun charging him with 22 counts of war crimes and 20 counts of crimes against humanity, the same as Abdel Rahim Mohammed Hussein on March 1, 2012. On 12 July 2010, the ICC issued a second indictment for the arrest of Omar al-Bashir - The former president of Sudan for genocide, this was the first instance of the ICC issuing an arrest warrant for the crime of genocide. The prosecutor accused al-Bashir of having "masterminded and implemented" a plan to destroy the three main ethnic groups: Fur, Masalit, and Zaghawa - with a campaign of murder, rape, and deportation. The arrest warrant is supported by NATO, the Genocide Intervention Network, and Amnesty International. he was additionally charged with three counts of genocide: Killing, Causing serious bodily or mental harm and Deliberately inflicting conditions of life calculated to bring about physical destitution. 1 https://www.europarl.europa.eu/meetdocs/2004_2009/documents/dv/afet_04112008_icc/afet_04112008_iccen.pdf accessed on 7/9/2022 2 https://guide-humanitarian-law.org/content/article/3/international-criminal-tribunals-for-the-former-yugoslavia-icty-and-rwanda-ictr/ Accessed on 7/9/2022 3 As mentioned in PART 1. ESTABLISHMENT OF THE COURT Article 1 The Court of the Rome statute, The ICC will work under a complementary principle. 4 As of 2021, Sudan has been preparing to join the Rome Statute. Most notably, its Cabinet has unanimously passed a draft of law to become a State Party, awaiting final approval. Source: https://www.aa.com.tr/en/africa/sudan-to-join-international-criminal-courts-rome-statute/2323488, accessed on 30/8/2022. 5 Guzman Andrew (2011), The Consent Problem in International Law, Berkeley Program in Law and Economics, University of California, United States, p. 2. 6 Mark S. Ellis, Richard J. Goldstone (2008), The International Criminal Court: Challenges to Achieving Justice and Accountability in the 21st Century, pp. 7 – 13. 7 https://www.icc-cpi.int/darfur, accessed on 30/8/2022. 8 United Nations (2004), Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General, Security Council Resolution 1564 of 18 September 2004. 9 https://www.coalitionfortheicc.org/news/20141124/sovereignty-no-defense-against-icc-action-sudan, accessed on 30/8/2022. 10 https://www.icc-cpi.int/darfur, accessed on 30/8/2022. 11Article 2 of The Genocide Convention mentioned: “In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group;....” https://theconversation.com/why-sudan-wont-hand-over-former-president-al-bashir-to-the-international-criminal-court-117810, accessed on 3/9/2022 12 13 https://hmh.org/library/research/genocide-in-darfur-guide/, accessed on 07/09/2022. 14 Rome Statute Article 8 (2) . For the purpose of this Statute, "war crimes" means: (a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention: 15 https://www.theguardian.com/world/2022/apr/25/sudan-at-least-168-people-killed-in-violence-in-darfur-region-aid-group-says#:~:text=The%20fighting%20killed%20300%2C000%20people,access%20to%20pasture%20or%20water. accessed on 7/9/2022 tải về 1.09 Mb. Chia sẻ với bạn bè của bạn:
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