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La dispensa fa riferimento alle lezioni di Diritto Internazionale, tenute dalla Prof. ssa Alessandra Lanciotti nell'anno accademico 2011.
Il documento riporta il testo in inglese del mandato di arresto di Al Bashir emesso presso la corte penale internazionale per i crimini commessi... Vedi di più

Esame di Diritto Internazionale docente Prof. A. Lanciotti

Anteprima

ESTRATTO DOCUMENTO

ICC-02/05-01/09-1 04-03-2009 3/8 SL PT

PRE-TRIAL CHAMBER I of the International Criminal Court ("the Chamber" and

"the Court" respectively);

HAVING EXAMINED the "Prosecution's Application under Article 58" ("the

Prosecution Application"), filed by the Prosecution on 14 July 2008 in the record of

the situation in Darfur, Sudan ("the Darfur situation") requesting the issuance of a

warrant for the arrest of Omar Hassan Ahmad Al Bashir (hereinafter referred to as

1

"Omar Al Bashir") for genocide, crimes against humanity and war crimes;

HAVING EXAMINED the supporting material and other information submitted by

2

the Prosecution;

NOTING the "Decision on the Prosecution's Request for a Warrant of Arrest against

3

Omar Hassan Ahmad Al Bashir" in which the Chamber held that it was satisfied

that there are reasonable grounds to believe that Omar Al Bashir is criminally

responsible under article 25(3)(a) of the Statute as an indirect perpetrator, or as an

4

indirect co-perpetrator, for war crimes and crimes against humanity and that his

arrest appears to be necessary under article 58(l)(b) of the Rome Statute ("the

Statute");

NOTING articles 19 and 58 of the Statute;

CONSIDERING that, on the basis of the material provided by the Prosecution in

support of the Prosecution Application and without prejudice to any subsequent

determination that may be made under article 19 of the Statute, the case against

Omar Al Bashir falls within the jurisdiction of the Court;

1 ICC-02/05-151-US-Exp; ICC-02/05-151-US-Exp-Anxsl-89; Corrigendum ICC-02/05-151-US-Exp-Corr and

Corrigendum ICC-02/05-151-US-Exp-Corr-Anxsl & 2; and Public redacted version ICC-02/05-157 and ICC-

02/05-157-AnxA.

2 ICC-02/05-161 and !CC-02/05-161-Conf-AnxsA-J; ICC-02/05-179 and ICC-02/05-179-Conf-Exp-Anxsl-5;

ICC-02/05-183-US-Exp and ICC-02/05-183-Conf-Exp-AnxsA-E.

3

ICC-02/05-01/09-1.

4 See Partly Dissenting Opinion of Judge Anita Usacka to the "Decision on the Prosecution's Application for a

Warrant of Arrest against Omar Hassan Ahmad Al Bashir", Part IV.

No. ICC-02/05-01/09 3/8 4 March 2009

ICC-02/05-01/09-1 04-03-2009 4/8 SL PT

CONSIDERING that, on the basis of the material provided by the Prosecution in

support of the Prosecution Application, there is no ostensible cause or self-evident

factor to impel the Chamber to exercise its discretion under article 19(1) of the Statute

to determine at this stage the admissibility of the case against Omar Al Bashir;

CONSIDERING that there are reasonable grounds to believe that from March 2003

to at least 14 July 2008, a protracted armed conflict not of an international character

within the meaning of article 8(2) (f) of the Statute existed in Darfur between the

Government of Sudan ("the GoS") and several organised armed groups, in particular

the Sudanese Liberation Movement/Army ("the SLM/A") and the Justice and

Equality Movement ("the JEM");

CONSIDERING that there are reasonable grounds to believe: (i) that soon after the

attack on El Fasher airport in April 2003, the GoS issued a general call for the

mobilisation of the Janjaweed Militia in response to the activities of the SLM/A, the

JEM and other armed opposition groups in Darfur, and thereafter conducted,

through GoS forces, including the Sudanese Armed Forces and their allied Janjaweed

Militia, the Sudanese Police Force, the National Intelligence and Security Service

("the NISS") and the Humanitarian Aid Commission ("the HAC"), a counter-

insurgency campaign throughout the Darfur region against the said armed

opposition groups; and (ii) that the counter-insurgency campaign continued until the

date of the filing of the Prosecution Application on 14 July 2008;

CONSIDERING that there are reasonable grounds to believe: (i) that a core

component of the GoS counter-insurgency campaign was the unlawful attack on that

part of the civilian population of Darfur - belonging largely to the Fur, Masalit and

5

Zaghawa groups - perceived by the GoS as being close to the SLM/A, the JEM and

the other armed groups opposing the GoS in the ongoing armed conflict in Darfur;

and (ii) that, as part of this core component of the counter-insurgency campaign, GoS

5 See Partly Dissenting Opinion of Judge Anita Uäacka to the ''Decision on the Prosecution's Application for a

Warrant of Arrest against Omar Hassan Ahmad Al Bashir", Part III. B.

No. ICC-02/05-01/09 4/8 4 March 2009

ICC-02/05-01/09-1 04-03-2009 5/8 SL PT

forces systematically committed acts of pillaging after the seizure of the towns and

6

villages that were subject to their attacks;

CONSIDERING, therefore, that there are reasonable grounds to believe that from

soon after the April 2003 attack in El Fasher airport until 14 July 2008, war crimes

within the meaning of articles 8(2)(e)(i) and 8(2)(e)(v) of the Statute were committed

by GoS forces, including the Sudanese Armed Forces and their allied Janjaweed

Militia, the Sudanese Police Force, the NISS and the HAC, as part of the above-

mentioned GoS counter-insurgency campaign;

CONSIDERING, further, that there are reasonable grounds to believe that, insofar as

it was a core component of the GoS counter-insurgency campaign, there was a GoS

policy to unlawfully attack that part of the civilian population of Darfur - belonging

largely to the Fur, Masalit and Zaghawa groups - perceived by the GoS as being

close to the SLM/A, the JEM and other armed groups opposing the GoS in the

ongoing armed conflict in Darfur;

CONSIDERING that there are reasonable grounds to believe that the unlawful

attack on the above-mentioned part of the civilian population of Darfur was (i)

widespread, as it affected, at least, hundreds of thousands of individuals and took

place across large swathes of the territory of the Darfur region; and (ii) systematic, as

the acts of violence involved followed, to a considerable extent, a similar pattern;

CONSIDERING that there are reasonable grounds to believe that, as part of the

GoS's unlawful attack on the above-mentioned part of the civilian population of

Darfur and with knowledge of such attack, GoS forces subjected, throughout the

6 Including in inter aha (i) the first attack on Kodoom on or about 15 August 2003; (11) the second attack on

Kodoom on or about 31 August 2003; (in) the attack on Bindisi on or about 15 August 2003; (iv) the aerial

attack on Mukjar between August and September 2003; (v) the attack on Arawala on or about 10 December

2003; (vi) the attack on Shattaya town and its surrounding villages (including Kailek) in February 2004; (vii) the

attack on Muhajenya on or about 8 October 2007: (vni) the attacks on Saraf Jidad on 7, 12 and 24 January 2008;

(ix) the attack on Silea on 8 February 2008; (x) the attack on Sirba on 8 February 2008; and (xi) the attack on

Abu Suruj on 8 February 2008; (xii) the attack to Jebel Moon between 18 and 22 February 2008.

No. ICC-02/05-01/09 5/8 4 March 2009


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DESCRIZIONE DISPENSA

La dispensa fa riferimento alle lezioni di Diritto Internazionale, tenute dalla Prof. ssa Alessandra Lanciotti nell'anno accademico 2011.
Il documento riporta il testo in inglese del mandato di arresto di Al Bashir emesso presso la corte penale internazionale per i crimini commessi nella zona del Darfur in Sudan.


DETTAGLI
Corso di laurea: Corso di laurea magistrale in giurisprudenza
SSD:
Università: Perugia - Unipg
A.A.: 2011-2012

I contenuti di questa pagina costituiscono rielaborazioni personali del Publisher Atreyu di informazioni apprese con la frequenza delle lezioni di Diritto Internazionale e studio autonomo di eventuali libri di riferimento in preparazione dell'esame finale o della tesi. Non devono intendersi come materiale ufficiale dell'università Perugia - Unipg o del prof Lanciotti Alessandra.

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