Embassy of the Republic of the Sudan in The Hague
Laan Copes van Cattenburch, 81
2585 EW, The Hague
14 July 2010
For Immediate Release
The Embassy of the Republic of the Sudan to the Kingdom of the Netherlands, notes with dismay
the irresponsible remarks made by the ICC Prosecutor Mr. Louis Moreno Ocampo on the 13th of
July 2010, in which he called upon the Sudanese People to overthrow President Omer Hassan
Ahmed El Bashir, who was overwhelmingly elected by the Sudanese People last April 2010, in
order to bring him to trial before the ICC. This is once again a flagrant serious violation of the
provisions of the Rome Statute 1998 by the ICC Prosecutor.
It has been a constant practice by the said ICC Prosecutor to indulge himself politically into the
internal affairs of the Sudan, contrary to International Law. In this regard, it is to be recalled that
the ICC Prosecutor was reported on 23 March 2010 by media circles all over the globe, to have
compared the first Sudanese General and Presidential Elections in 26 years to the Nazi elections
during Hitler era. This statement is not only politically biased but also unacceptable. It represents
a serious misconduct and a breach of the duties of the ICC Prosecutor under the Rome Statute
1998 in many respects:
Article 42.5 of the Rome Statute provides that: “Neither the Prosecutor nor a Deputy Prosecutor
shall engage in any activity which is likely to interfere with his or her prosecutorial functions or
to affect confidence in his or her independence….”
Article 42.7 provides that: “Neither the Prosecutor nor a Deputy Prosecutor shall participate in
any matter in which their impartiality might reasonably be doubted on any ground...”
The Sudan is not a party to the Rome Statute 1998 and as such is not subject to the jurisdiction of
the ICC in accordance with the recognized jus cogens of international law.
Therefore the only explanation of the vindictive irresponsible moves of the ICC Prosecutor is
that they are politically coined and driven. The Prosecutor made out of himself a political activist
against the Sudan, its people and President. The ICC Prosecutor has so far shown scant respect
across the board for legal principles, procedures and due process of the law.
Making such serious provocative statements against a democratic electoral process in an
independent sovereign state, and inciting a people in an independent sovereign state, represents
the most serious irreparable misconduct of all , requiring the immediate attention and action of
the Assembly of the States Parties to the Rome statute 1998 as well as the International
Community in general.
It is regrettable that the actions of both the Prosecutor and the ICC are only defamatory to the
Sudanese People and President, targeting the travail of peace and stability in the Sudan and the
region, serving as a mere conduit pipe for political vendetta and soft colonialism.
The Embassy wishes to reiterate the declared position of the Government and People of the
Sudan that the ICC has no jurisdiction to try any case in the Sudan as long as the Sudan remains a
non-party to the Rome statute 1998.