ICC Asks Sudan to Allow Access to Investigators

ICC Prosecutor Fatou Bensouda during her visit to Sudan in October. AFP file photo
ICC Prosecutor Fatou Bensouda during her visit to Sudan in October. AFP file photo
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ICC Asks Sudan to Allow Access to Investigators

ICC Prosecutor Fatou Bensouda during her visit to Sudan in October. AFP file photo
ICC Prosecutor Fatou Bensouda during her visit to Sudan in October. AFP file photo

The International Criminal Court (ICC) prosecutor has urged the UN Security Council to pressure Sudan into allowing access for investigators to conduct a probe in the Darfur region.

"I reiterate this call and urge this Council to impress upon Sudan the urgent need for my investigators to access its territory and in particular, to conduct investigative missions in Darfur without further delay," Fatou Bensouda said in a briefing.

Bensouda said that she stressed, during her trip to Sudan in October, the urgent need for ICC investigators to be given access to the territory of Sudan.

"It had been my hope that my team would have traveled to Sudan in November for an operational assessment mission to pave the way for fully-fledged investigative activities immediately thereafter. Unfortunately, this mission was postponed at the request of the Sudanese authorities."

Unless the mission is rescheduled soon, the ICC investigators risk losing a golden opportunity to directly engage with victims and witnesses, for the first time and to ensure their evidence is made available to the judges at Ali Muhammad Ali Abd-Al-Rahman's confirmation of charges hearing, scheduled for Feb. 22, she said.

Abd-Al-Rahman, also known as Ali Kushayb, was transferred to the ICC in June following his voluntary surrender to the authorities in the Central African Republic.

He made his initial appearance before an ICC pre-trial chamber the same month. The confirmation of charges hearing was set to be held on Dec. 7, but has since been postponed to Feb. 22.

Security Council Resolution 1593, passed in 2005, referred the Darfur situation to the ICC prosecutor and called on the Sudanese government and other parties to the conflict to cooperate fully with the court and its prosecutor.



Constitutional Path for Aoun’s Presidential Election in Lebanon

Lebanese Army Commander Gen. Joseph Aoun (Reuters)
Lebanese Army Commander Gen. Joseph Aoun (Reuters)
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Constitutional Path for Aoun’s Presidential Election in Lebanon

Lebanese Army Commander Gen. Joseph Aoun (Reuters)
Lebanese Army Commander Gen. Joseph Aoun (Reuters)

Gen. Joseph Aoun currently leads the race for Lebanon's presidency, but some warn his election could be unconstitutional because he holds a “Class A” position, requiring his resignation two years before running.
However, his supporters point to the 2008 election of Gen. Michel Suleiman, who was also army commander at the time, as a precedent. They argue the reasons given for Suleiman’s election should apply to Aoun as well.
At the time, Speaker Nabih Berri argued that the support of over 86 lawmakers for Suleiman made his election constitutional, as any constitutional amendment requires 86 votes.
MP Gebran Bassil, leader of the Free Patriotic Movement, continues to argue that Aoun’s election is unconstitutional under the current process.
He recently stated that constitutional amendments require a president, a functioning parliament, and a fully empowered government. The process also needs two steps: a two-thirds majority in the first vote and a three-quarters majority in the second.
Bassil’s argument is based on Articles 76 and 77 of the constitution, which say amendments can only be proposed by the president or parliament, but only during a regular session — which ended in December.
Dr. Paul Morcos, head of the “JUSTICIA” legal foundation in Beirut, told Asharq Al-Awsat that in 2008, parliament used Article 74 of the constitution to bypass the amendment to Article 49.
He explained that Gen. Suleiman’s election was considered an exception to the rule requiring military officials to resign six months before running for president, due to the presidential vacancy after President Emile Lahoud’s term ended in 2007.
Morcos added that the same reasoning could apply to Gen. Aoun’s potential election as president.