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
|| 0:00:00
...
 
🔇
X

You May Like

Pundits Split Over Long-Term US Role in Afghanistan

Security pact remains condition for American presence beyond 2014; deadline criticized More

US Eyes Islamic State Threat

Officials warn that IS could pose a threat to US homeland More

Video Ukraine: Captured Troops Proof of Russian Role in Separatist Fight

Moscow says Russian troops crossed into Ukrainian territory by mistake More

This forum has been closed.
Comment Sorting
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!

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Scientists Unlock Mystery of Bird Flocksi
X
George Putic
August 25, 2014 4:00 PM
How can flocks of birds, schools of fish or herds of antelope suddenly change direction -- all the individuals adjusting their movement in concert, at seemingly the same time? British researchers now have some insights into this behavior, which has puzzled scientists for a long time. VOA's George Putic has more.
Video

Video Scientists Unlock Mystery of Bird Flocks

How can flocks of birds, schools of fish or herds of antelope suddenly change direction -- all the individuals adjusting their movement in concert, at seemingly the same time? British researchers now have some insights into this behavior, which has puzzled scientists for a long time. VOA's George Putic has more.
Video

Video Ukraine: Captured Troops Proof of Russian Role in Separatist Fight

Ukrainian officials say they have captured Russian soldiers on Ukrainian territory -- the latest accusation of Moscow's involvement in the conflict in eastern Ukraine. VOA's Gabe Joselow reports from the Ukrainian side of the battle, where soldiers are convinced of Russia's role.
Video

Video Rubber May Soon Come From Dandelions

Synthetic rubber has been around for more than a century, but quality tires for cars, trucks and aircraft still need up to 40 percent or more natural rubber content. As the source of natural rubber, the rubber tree, is prone to disease and can be affected by bad weather. So scientists are looking for replacements. And as VOA’s George Putic reports, they may have found one in a ubiquitous weed.
Video

Video Jewish Life in Argentina Reflected in Yiddish Tango

Jewish people from across Europe and Russia have been immigrating to Argentina for hundreds of years. They brought with them dance music that were eventually mixed with Argentine tango. The result is Yiddish tango -- a fusion of melodies and cultural experiences that is still evolving today. Elizabeth Lee reports from the Skirball Cultural Center in Los Angeles, where one band is bringing Yiddish tango to an American audience.
Video

Video Peace Returns to Ferguson as Community Tries to Heal

Thousands of people nationwide are expected to attend funeral services Monday in the U.S. Midwestern city of St. Louis, Missouri, for Michael Brown, the unarmed African-American teenager who was fatally shot by a white police officer August 9 in the St. Louis suburb of Ferguson. The shooting touched off days of violent demonstrations there, resulting in more than 100 arrests. VOA's Chris Simkins reports from Ferguson where the community is trying to move on after weeks of racial tension.
Video

Video Meeting in Minsk May Hinge on Putin Story

The presidents of Russia and Ukraine are expected to meet face-to-face Tuesday in Minsk, along with European leaders, for talks on the situation in Ukraine. Political analysts say the much welcomed dialogue could help bring an end to months of deadly clashes between pro-Russia separatists and Ukrainian forces in the country's southeast. But much depends on the actions of one man, Russian President Vladimir Putin. VOA's Daniel Schearf reports from Moscow.
Video

Video Artists Shun Russia's Profanity Law

Russia in July enacted a law threatening fines for publicly displayed profanity in media, films, literature, music and theater. The restriction, the toughest since the Soviet era, aims to protect the Russian language and culture and has been welcomed by those who say cursing is getting out of control. But many artists reject the move as a patronizing and ineffective act of censorship in line with a string of conservative morality laws. VOA's Daniel Schearf reports from Moscow.
Video

Video British Fighters on Frontline of ISIS Information War

Security services are racing to identify the Islamic State militant who beheaded U.S. journalist James Foley in Syria. The murderer spoke English on camera with a British accent. It’s estimated that several hundred British citizens are fighting for the Islamic State, also called ISIL or ISIS, alongside thousands of other foreign jihadists. Henry Ridgwell reports for VOA from the center of the investigation in London.

AppleAndroid