News / Africa

    ICC Could Investigate South Sudan Conflict after UN Resolution

    Staff open the doors of the morgue at the teaching hospital to add another body to the 24 already there, 20 of whom were killed from violence according to the staff, in Malakal, Upper Nile State, in South Sudan Tuesday, Jan. 21, 2014
    Staff open the doors of the morgue at the teaching hospital to add another body to the 24 already there, 20 of whom were killed from violence according to the staff, in Malakal, Upper Nile State, in South Sudan Tuesday, Jan. 21, 2014
    Peter Clottey
    The International Criminal Court (ICC) cannot launch an investigation into alleged human rights violations in South Sudan despite concerns that warring factions in Africa’s newest nation are committing crimes against humanity, says Fadi El-Abdallah, spokesman for the ICC.

    United Nations Secretary General Ban Ki-Moon has called for the prosecution of perpetrators of human rights violations in South Sudan, and some observers are calling for the ICC to investigate and prosecute the perpetrators. 

    But, El-Abdallah says the ICC can only investigate the alleged human rights violations if the UN Security Council passes a resolution authorizing the Hague-based court to begin an inquiry into the South Sudan conflict.

    “In principle, the ICC has no jurisdiction and cannot investigate what is happening in South Sudan, unless there would be a request by the Security Council under chapter seven, which then would put an obligation on South Sudan to cooperate with the ICC and then the ICC can investigate,” said El-Abdallah.”

    Over 1,000 people are feared dead and hundreds of thousands have been displaced from their homes due to the conflict, prompting calls for an investigation. 

    But, El-Abdallah says the court will be violating South Sudan’s sovereignty if it launches an investigation into the conflict, since the country has yet to officially become a signatory to the Rome Statute that established the ICC.

    The ICC, he says, can only investigate human rights violations in countries that accept the jurisdiction of the court in instances where the Security Council does not pass a resolution authorizing an inquiry. 

    “The only way for the ICC to be able to investigate without violating the sovereignty of a state would be by a resolution from the Security Council like in the case concerning Darfur in Sudan, and Libya,” said El-Abdallah.

    But some observers contend that calls by both Ban Ki-Moon and human rights groups demanding an inquiry into the rights violations should be enough to pave way for the court to begin investigations. El-Abdallah disagreed.

    “For the time being we don’t have jurisdiction over South Sudan, and we will not have it unless South Sudan accepts our jurisdiction or if the United Nations Security Council [passes] a resolution putting an obligation on South Sudan to cooperate with the ICC,” said El-Abdallah.

    The court, he says, has called on South Sudan to ratify the Rome Statute to help protect citizens who have become victims of the conflict.

    “The ICC calls on South Sudan and all the states in the world to accept and ratify the ICC Rome Statute, to offer the ICC a universal jurisdiction and the possibility to apply the legal rules and to protect victims in all the states,” said El-Abdallah.
    Clottey interview with Fadi El-Abdallah, ICC spokesman
    Clottey interview with Fadi El-Abdallah, ICC spokesmani
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    Comments
         
    by: kinut from: Ankara
    February 06, 2014 4:06 PM
    What about Syria hundreds of thousands have died and continue to die, also Iraq and lots of other places but only Africa is targeted. ICC will fail as an institution and history will record it asa partisan oorganisation targeting Africa and a neocolonial initiative.
    In Response

    by: Kiir from: Uganda
    February 07, 2014 9:51 AM
    What is happening is different from Syria war because Government saying that it was failed coup attempt. Ok if it is failed coup attempt what involved the civilian in killing in Juba who are not holding guns? ICC can investigate South Sudan human right violation.

    by: Dr.Henry Sharif from: Egypt
    February 06, 2014 2:38 PM
    But ask the United Nations to all war criminals must be bracing I hope whatever If you need help I'm working all my best to truth and judgment to Oppressors who kill innocent I love peace Motive for the oppressed This matters in which the United Nations operates

    by: angelo from: torit/ eastern equatoria
    February 06, 2014 12:39 PM
    We are talking of south sudan. The criminals that killed innocern civilian of south sudan must face the justice including Ugandan president who was fighting alongside the trible paramilitias to kill south sudan citizens

    by: Richard from: Ethiopia
    February 05, 2014 9:08 PM
    Why South Sudan? What about Egypt and Syria? Is it because South Sudan is seen as a weak state for ICC to meddle in its affairs? I believe the way the ICC picks who to investigate has led to its unpopularity in Africa. ICC must stop being seen as a political tool!

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