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

    Video Democrats Clinton, Kaine Offer 'Very Different Vision' Than Trump

    In a jab at Trump, Clinton says her team wants to 'build bridges, not walls'; Obama Hails Kaine's record; Trump calls Kaine a 'job-killer'

    Turkey Wants Pakistan to Close Down institutions, Businesses Linked to Gulen

    Thousands of Pakistani students are enrolled in Gulen's commercial network of around two dozen institutions operating in Pakistan for over two decades

    AU Passport A Work in Progress

    Who will get the passport and what the benefits are still need to be worked out

    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!

    By the Numbers

    Featured Videos

    Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
    In State of Emergency, Turkey’s Erdogan Focuses on Spiritual Movementi
    X
    July 22, 2016 11:49 AM
    The state of emergency that Turkish President Recep Tayyip Erdogan has declared is giving him even more power to expand a purge that has seen an estimated 60,000 people either arrested or suspended from their jobs. VOA Europe correspondent Luis Ramirez reports from Istanbul.
    Video

    Video In State of Emergency, Turkey’s Erdogan Focuses on Spiritual Movement

    The state of emergency that Turkish President Recep Tayyip Erdogan has declared is giving him even more power to expand a purge that has seen an estimated 60,000 people either arrested or suspended from their jobs. VOA Europe correspondent Luis Ramirez reports from Istanbul.
    Video

    Video Scientists in Poland Race to Save Honeybees

    Honeybees are in danger worldwide. Causes of what's known as colony collapse disorder range from pesticides and loss of habitat to infections. But scientists in Poland say they are on track to finding a cure for one of the diseases. VOA’s George Putic reports.
    Video

    Video Wall Already Runs Along Parts of US-Mexico Border

    The Republican Party’s presidential nominee, Donald Trump, gained the support of many voters by saying he would build a wall to keep undocumented immigrants and drugs from coming across the border from Mexico. Critics have called his idea impractical and offensive to Mexico, while supporters say such a bold approach is needed to control the border. VOA’s Greg Flakus has more from the border town of Nogales, Arizona.
    Video

    Video New HIV Tests Emphasize Rapid Results

    As the global fight against AIDS intensifies, activists have placed increasing importance on getting people to know their HIV status. Some companies are developing new HIV testing methods designed to be quick, easy and accurate. Thuso Khumalo looks at the latest methods, presented at the International AIDS conference in Durban, South Africa.
    Video

    Video African Youth with HIV Urge More Support

    HIV, the virus that causes AIDS, is the top killer of teens in sub-Saharan Africa. But many youths say their experience with the virus is unique and needs to be addressed differently than the adult epidemic. VOA South African Correspondent Anita Powell reports.
    Video

    Video Poor Residents in Cleveland Not Feeling High Hopes of Republican Convention

    With the Republican Party's National Convention underway in Cleveland, Ohio, delegates and visitors are gathered in the host city's downtown - waiting to hear from the party's presidential candidate, Donald Trump. But a few kilometers from the convention's venue, Cleveland's poorest residents are not convinced Trump or his policies will make a difference in their lives. VOA's Ramon Taylor spoke with some of these residents as well as some of the Republican delegates and filed this report.
    Video

    Video Pop-Up Art Comes to Your Living Room, Backyard and Elsewhere

    Around the world, independent artists and musicians wrestle with a common problem: where to exhibit or perform? Traditional spaces such as museums and galleries are reserved for bigger names, and renting a space is not feasible for many. Enter ArtsUp, which connects artists with venue owners. Whether it’s a living room, restaurant, office or even a boat, pop-up events are bringing music and art to unexpected places. Tina Trinh has more.
    Video

    Video With Yosemite as Backdrop, Obama Praises National Parks

    Last month, President Barack Obama and his family visited some of the most beautiful national parks in the U.S. Using the majestic backdrop of a towering waterfall in California's Yosemite National Park, Obama praised the national park system which celebrates its 100th anniversary this year. He talked about the importance of America’s “national treasures” and the need to protect them from climate change and other threats. VOA’s Julie Taboh reports.
    Video

    Video Counter-Islamic State Coalition Plots Next Steps

    As momentum shifts against Islamic State in Iraq, discussions are taking place about the next steps for driving the terrorist group from its final strongholds. Secretary of State John Kerry is hosting a counter-IS meeting at the State Department, a day after defense ministers from more than 30 countries reviewed and agreed upon a course of action. VOA Pentagon correspondent Carla Babb reports.
    Video

    Video Russia's Participation at Brazil Olympic Games Still In Question

    The International Olympic Committee has delayed a decision on whether to ban all Russian teams from competing in next month's Olympic Games in Brazil over allegations of an elaborate doping scheme. The World Anti-Doping Agency recently released an independent report alleging widespread doping by Russian athletes at the 2014 Winter Olympics in Sochi. So far, only Russian track and field athletes have been barred from the Summer Games in Brazil. VOA's Zlatica Hoke has more.
    Video

    Video Scotland’s Booming Whisky Industry Fears Brexit Hangover

    After Britain’s vote to leave the European Union, Scotland’s government wants to break away from the United Kingdom – fearing the nation’s exports are at risk. Among the biggest of these is whisky. Henry Ridgwell reports on a time of turmoil for those involved in the ancient art of distilling Scotland’s most famous product.
    Video

    Video Millennials Could Determine Who Wins Race to White House

    With only four months to go until Americans elect a new president, one group of voters is getting a lot more attention these days: those ages 18 to 35, a generation known as millennials. It’s a demographic that some analysts say could have the power to decide the 2016 election. But a lot depends on whether they actually turn out to vote. VOA’s Alexa Lamanna reports.

    Special Report

    Adrift The Invisible African Diaspora