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Darfur: Sudan Position and Remarks on ICC; ABA to Train Sudanese Lawyers; Enough Project Strategy Paper; NYT Op-Ed and Letter to Editor

17 May 2007

Please find below reports and analysis related the International
Criminal Court's (ICC) investigation in Darfur, Sudan and the recent
issuance of arrest warrants for Ahmad Harun and Ali Kushayb.

A. SUDAN POSITION and REMARKS ON ICC:
(1) Presidential Advisor Dr Mustafa Uthman Isma'il has claimed that
Sudan had agreed to an internal trial of the ICC's suspects under
international and external supervision.
(2) Al-Hayat reports that the Sudanese government is inclined to modify
its position on the ICC from outright rejection and lack of cooperation
to assigning lawyers to handle the situation before the Court, represent
the ICC suspects, and formally contest its jurisdiction.
(3) The leader of the Sudan Liberation Movement (SLM), Abd-al-Wahid
Muhammad Nur, has called upon the government to hand over the ICC
suspects.

B. ABA TO TRAIN SUDANESE LAWYERS ON ICC VICTIMS REPRESENTATION:
The American Bar Association Section of Litigation has announced that it
will provide advocacy skills training to Sudanese lawyers to help them
represent Darfur victims before international tribunals, including the
ICC.

C. ENGOUH PROJECT STRATEGY PAPER:
In its latest strategy paper, entitled "A Plan B with Teeth for Darfur,"
the ENOUGH Project urges the United States to "Provide information and
declassified intelligence to the" ICC.

D. NYT OP-ED BY NICHOLAS KRISTOF AND LETTER TO EDITOR BY AMICC CONVENER:
In a recent opinion published in the New York Times, Nicholas Kristof
states that "the UN Security Council, the International Criminal Court
and the Genocide Convention [have] accomplish[ed] little in Darfur" over
the last four years. In response, John Washburn, Convener of the
American NGO Coalition for the ICC (AMICC), submitted a Letter to the
Editor highlighting the ICC's "extensive prosecutorial investigation,"
the recent issuance of arrest warrants, and the public pressure that led
to the United States' abstention of the Darfur referral.

Please take note of the Coalition's policy on situations before the ICC
(below), which explicitly states that the CICC will NOT take a position
on potential or pending situations before the Court. The Coalition,
however, will continue to provide the most up-to-date information about
the ICC.

Warm Regards,
Esti Tambay
Information and Analysis Officer
Coalition for the International Criminal Court

****************************************************
A. SUDAN POSITION and REMARKS ON ICC

1. Al-Sahafah, Isma'il Hasabu, "Official suggests ICC suspects be tried
under 'international super-vision'," 13 May 2007
(link not available)

"[...] Addressing a press conference at the Sudanese Embassy in
Abu-Dhabi the day before yesterday [10 May], [Presidential Advisor Dr
Mustafa Uthman] Isma'il said that Khartoum rejected international
pressures on trying those accused of war crimes in Darfur. He said the
Security Council had backtracked on Resolution 1706 but the
International Criminal Court prosecutor was still exercising pressure.
Ismai'l said the government had agreed to an internal trial under
international and external supervision, in which the same accusations
are levelled. He played down the effectiveness of international pressure
in this connection, adding that only diplomatic efforts were capable of
solving the crisis. [...]"

2. Al-Hayat, Al-Nur Ahmad al-Nur, "Khartoum Inclined to Modify Position
on ICC," 10 May 2007
(link not available)

"Al-Hayat learned that the Sudanese government is inclined to modify its
position on totally reject any dealings with the International Criminal
Court [ICC]. It is now thinking of assigning some quarters to contest
the ICC's request for turning over State Minister Ahmad Harun and Ali
Kushayb, a commander in the Popular Defence Forces, to face charges of
committing war crimes in Darfur. Informed sources in Khartoum said
yesterday [8 May] that the government had received advice from its
friends to the effect that it was necessary to deal with the ICC, even
through a third party. They said that its refusal to deal will place it
in a confrontation with the Security Council and invite international
sanctions on it. The sources believed that it was probable the Sudanese
government will assign quarters [lawyers] to represent Harun and Kushayb
with the ICC and contest its jurisdiction over Sudan since it has not
ratified the ICC Charter."

3. Al-Ayyam, "Rebel leader accuses government of being 'dodgy'," 9 May
2007
(link not available)

The leader of the Sudan Liberation Movement [SLM], Abd-al-Wahid Muhammad
Nur [...] called upon the government to hand over the Darfur crimes
perpetrators Ahmad Harun and Kushayb to the International Criminal
Court."

****************************************************
B. ABA TO TRAIN SUDANESE LAWYERS ON ICC VICTIMS REPRESENTATION

1. American Bar Association, Press Release, "ABA Section of Litigation
to Provide Advocacy Training to Sudanese Lawyers; Project supports role
of the International Criminal Court in prosecuting those responsible for
human rights abuses and crimes against humanity," 16 May 2007
http://www.abanet.org/abanet/media/release/news_release.cfm?releaseid=13
0

"The American Bar Association Section of Litigation today announced that
it will provide advocacy skills training to Sudanese lawyers to help
them represent victims of the genocide in Darfur before international
tribunals, including the International Criminal Court in The Hague.  The
thirteen Sudanese lawyers who will participate in the program now
provide legal representation to those detained, tortured and subjected
to abuses in the Sudan. The training sessions will be held in London
from June 3-9 at the Marriott Grosvenor House Hotel. The training is
timely, coming in the weeks after the judges at the ICC issued arrest
warrants for two officials of the Sudanese government for their alleged
involvement in the grave atrocities that have occurred in Darfur. [...]

In announcing the legal training project, Section Chair Kim J. Askew,
Dallas, said, "The American Bar Association Section of Litigation
strongly believes that we should undertake this project to contribute to
the effort to bring peace to this battered nation. We are grateful to
the fine American lawyers who have contributed their time to this
cause."

"Our goal is help the Sudanese lawyers prepare to effectively bring
claims on behalf of their citizens who have endured years of turmoil and
crisis.  We want to help these lawyers tell the story of Darfur and have
the world listen.  We want to help build a case to bring the
perpetrators to justice and assure the rule of law governs," added Brad
D. Brian, Los Angeles, project chair and immediate past chair of the
section. [...]"

****************************************************
C. ENGOUH PROJECT STRATEGY PAPER

1. ENOUGH Project, Press Release, "Group Calls for Darfur Plan with
'Teeth'," 10 May 2007
http://allafrica.com/stories/200705090906.html

"In a strategy paper released today, ENOUGH calls on the Bush
administration to take resolute action against the Sudanese government
for ongoing atrocities in Darfur - by implementing a Plan B with
"teeth." Co-authored by ENOUGH Co-chair John Prendergast and Policy
Advisor Colin Thomas-Jensen, the paper urges the White House to announce
a revised Plan B by May 18, a month after the President's speech at the
United States Holocaust Memorial Museum, where he publicly introduced
the administration's plan should diplomacy fail. [...]

To effectively garner peace and provide protection for Darfur's
civilians - the first two "Ps" of the ENOUGH campaign's "3P" crisis
response strategy - Prendergast and Thomas-Jensen argue that the third
"P" of punishment is needed. Such punitive measures, which include
financial, legal and military planning components, are necessary, they
assert, to gain Khartoum's acceptance of a durable peace deal for Darfur
and the deployment of an effective international force to protect
civilians.

ENOUGH calls for the U.S. to implement five legal and financial
measures: multilateral targeting of Sudanese officials; multilateral
sanctioning of Sudanese companies underwriting Sudan's war machine;
pressure to stop international banks from doing business with Sudan;
reinforcement of divestment efforts; and support for the International
Criminal Court indictment process. [...]"

2. Enough Project, Strategy Paper, "A Plan B with Teeth for Darfur," 10
May 2007 http://www.enoughproject.org/reports/pdf/plan_b_20070509.pdf

"[...] SUPPORT THE ICC INDICTMENT PROCESS: Provide information and
declassified intelligence to the International Criminal Court to help
accelerate the process of building indictments against senior officials
in the regime for their role in orchestrating mass atrocities in Darfur.
The U.S. has the most such intelligence and should come to agreement
with the ICC about what information to share. [...]"

3. New York Times/Boston Globe, Op-Ed, John Prendergast, "A 'Plan B'
with teeth for Darfur," 10 May 2007
http://www.boston.com/news/globe/editorial_opinion/oped/articles/2007/05
/10/a_plan_b_with_teeth_for_darfur/

"If there is a Guinness Book of World Records entry for most threats
issued with no follow-up, the international response to Darfur is likely
setting a new standard. The United States is the only government to call
the atrocities in Darfur genocide and is uniquely positioned to lead an
effective response. Yet the Bush administration's empty threats over the
past three years have emboldened Khartoum to escalate its destruction
and obstruction in Darfur. [...]

Fourth, the United States should provide declassified intelligence to
the International Criminal Court (ICC) to help accelerate the process of
building indictments against senior officials in the regime for crimes
against humanity. Accountability is one of the core requirements for a
lasting peace in Darfur, and the United States should be supporting the
ICC investigations as a matter of principle."

****************************************************
D. NYT OP-ED BY NICHOLAS KRISTOF AND LETTER TO EDITOR BY AMICC CONVENER

1. The New York Times, Opinion, Nicholas D. Kristof, "Save the Darfur
Puppy," 10 May 2007
http://select.nytimes.com/gst/tsc.html?URI=http://select.nytimes.com/200
7/05/10/opinion/10kristof.html&OQ=_rQ3D1&OP=35c1cc53Q2FQ27ZQ5BaQ27Q22l!-
-Q22Q27iqq4Q27qPQ27@qQ27-RQ3BQ51Q3B-Q51Q27@qc!Q3BlQ22-Q20yQ7CQ22TJ
(subscription required)

"Finally, we're beginning to understand what it would take to galvanize
President George W. Bush, other leaders and the American public to
respond to the genocide in Sudan: a suffering puppy with big eyes and
floppy ears.
That's the implication of a series of studies by psychologists trying to
understand why people - good, conscientious people - aren't moved by
genocide or famines. Time and again, we've seen that the human
conscience just isn't pricked by mass suffering, while an individual
child (or puppy) in distress causes our hearts to flutter. [...]

So, yes, we should develop early-warning systems for genocide, prepare
an African Union, UN and NATO rapid-response capability, and polish the
''responsibility to protect'' as a legal basis to stop atrocities. (The
Genocide Intervention Network and the Enough project are working on
these things.)

But, frankly, after four years of watching the UN Security Council, the
International Criminal Court and the Genocide Convention accomplish
little in Darfur, I'm skeptical that either human rationality or
international law can achieve much unless backed by a public outcry.
[...]"

2. New York Times, Letter to the Editor in response to Nicholas
Kristof's "Save the Darfur Puppy" by John Wasburn, Convenor of the
American NGO Coalition for the ICC (AMICC), 14 May 2007
http://www.nytimes.com/2007/05/14/opinion/l14kristof.html

"Nicholas D. Kristof alleges that lack of public outcry over Darfur has
meant that the International Criminal Court has accomplished little
there. But this overlooks the extensive prosecutorial investigation
conducted by the court since 2005 and the American public pressure that
made it possible.

Since the court received the referral of Darfur from the Security
Council two years ago, the court has collected voluminous evidence,
taken statements of more than 100 witnesses (and screened hundreds more)
and conducted five missions to Sudan.

Last week, the I.C.C. issued warrants for the arrest of a senior
Sudanese government minister and a janjaweed militia leader.

As for outcry, the United States' abstention on the Security Council
referral of Darfur to the I.C.C. resulted largely from public pressure
on the administration through efforts like the Save Darfur Campaign.

John Washburn
New York, May 10, 2007
The writer is convener, American N.G.O. Coalition for the International
Criminal Court, United Nations Association of the U.S.A."

****************************************************
CICC'S POLICY ON THE REFERRAL AND PROSECUTION OF SITUATIONS BEFORE THE
ICC:

The Coalition for the ICC is not an organ of the Court. The CICC is an
independent NGO movement dedicated to the establishment of the
International Criminal Court as a fair, effective, and independent
international organization. The Coalition will continue to provide the
most up-to-date information about the ICC and to help coordinate global
action to effectively implement the Rome Statute of the ICC. The
Coalition will also endeavor to respond to basic queries and to raise
awareness about the ICC's trigger mechanisms and procedures, as they
develop. The Coalition as a whole, and its secretariat, do not endorse
or promote specific investigations or prosecutions or take a position on
situations before the ICC. However, individual CICC members may endorse
referrals, provide legal and other support on investigations, or develop
partnerships with local and other organizations in the course of their
efforts.

Communications to the ICC can be sent to:
ICC
P.O. Box 19519
2500 CM The Hague
The Netherlands