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Darfur: Sudanese Reaction to Arrest Warrants; Intl Reactions (US, UK, France); NGO Media Statements and Quotes; Registrar Visit to Chad

03 May 2007

As previously reported, on Wednesday, 2 May 2007, the International Criminal Court (ICC) made public that the judges of Pre-Trial Chamber I had issued warrants of arrest on 27 April 2007 for Ahmad Harun and Ali Kushayb, the two individuals named by ICC Prosecutor Luis Moreno-Ocampo in his February filing on the Darfur situation. Please find below:

A. MORE REPORTS ON SUDANESE REACTION:
Supplementing initial remarks from yesterday, Justice Minister Mohamed Ali Al-Mardi has told Reuters that there is no evidence to support the ICC's charges against Ahmad Harun. The Sudan Vision Daily and Sudanese TV report on additional comments by Al-Mardi characterizing the warrant as "null and void" and the ICC's action as "political and not legal." Speaking to BBC News, Foreign Minister Lam Akol similarly dismissed the arrest warrants and said that the Sudanese government would not co-operate any further with the ICC. "The whole thing is counterproductive [...] The issue of justice should come after the peace," another senior official in Khartoum said.

B. INTERNATIONAL REACTIONS: UNITED STATES, UNITED KINGDOM, and FRANCE
(1) UNITED STATES: During a White House daily press briefing, spokesperson Tony Snow noted, "We very strongly support accountability for those who are responsible for Darfur, and we expect the government of Sudan to comply with the obligations under United Nations Security 1593 to cooperate with the ICC." Cameron Hume, the U.S. charge d'affaires in Sudan, urged all sides to not allow the warrants to interfere with efforts to resolve the crisis.
(2) UNITED KINGDOM: United Kingdom Foreign and Commonwealth Office Minister for Africa, Lord Triesman, called on the Sudanese government to cooperate.
(3) FRANCE: The French Ministry of Foreign Affairs Spokesperson recalled Security Council Resolution 1422 and urged Sudan to cooperate. French media outlets also report on French presidential candidates Nicolas Sarkozy's and Segolene Royal's remarks on Darfur, as well as comments by Philippe Douste Blazy, French Minister of Foreign Affairs [informal and unofficial summaries of French media reports provided by the CICC Secretariat].

C. NGO MEDIA STATEMENTS AND QUOTES:
Amnesty International and Human Rights Watch have issued media statements calling on Sudan to cooperate and hand over suspects to the Court. The Institute for War and Peace Reporting (IWPR) includes reactions by Golzar Kheiltash (Citizens for Global Solutions), Eric Reeves (Sudan researcher and professor) John Washburn (American NGO Coalition for the ICC), and Carla Ferstman (REDRESS). Please note that NGO media statements are available at http://www.coalitionfortheicc.org/?mod=darfur#20.

D. ICC PRESS RELEASE ON REGISTRAR VISIST TO CHAD:
As part of the strategy for outreach related to the situation of Darfur, ICC Registrar Bruno Cathala is visiting three camps housing Sudanese refugees in Eastern Chad.

E. LINKS TO ADDITIONAL GENERAL MEDIA COVERAGE:
A number of major newspapers ran their own stories on the development. Please find below links to a sample of such articles.

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

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A. MORE REPORTS ON SUDANESE REACTION

1. Reuters, Alaa Shahine, "Sudan says no evidence against ICC Darfur suspect," 3 May 2007
http://www.reuters.com/article/homepageCrisis/idUSL03672662._CH_.2400

"Sudan said on Thursday it has found no evidence to support the charges of the International Criminal Court (ICC) against a government minister suspected of committing war crimes in Darfur. Justice Minister Mohamed Ali Al-Mardi said a probe into the activities of Ahmed Haroun, Sudan's state humanitarian affairs minister -- a post below full ministerial level -- found he had no direct link to any military operations in the troubled western region. [...]

Sudan has said it will not hand the men over. "He (Haroun) ... has nothing to do with the armed forces, or the military operations carried out by the armed forces, the popular defence force or the police," Mardi told Reuters in a telephone interview.

Sudan said in February it would try Kushayb on unspecified charges related to Darfur but his trial was delayed in March. Mardi declined to comment on when the trial would the resume, saying it was up to the Sudanese judiciary to decide. Asked about Kushayb's whereabouts, Mardi said: "In prison." [..]

The ICC Prosecutor Luis Moreno-Ocampo said on Wedneday the Sudanese government had a "legal duty" to arrest the two suspect. Khartoum says the Hague-based court has no jurisdiction over Sudanese citizens."

2. Sudan Vision Daily, "The Hague Decision is Null and Void," 3 May 2007
http://www.smc.sd/en/artopic.asp?artID=14234&aCK=EA

"The Sudan government described the decision taken by The Hague against the State Minister of Humanitarian Affairs Ahmed Haroun, one of the leaders of Popular Defence Force Ali Kosheib as null and void. In answering a question to Sudan Vision, the Minister of Justice Mohamed Ali Al-Mardi stated that the ICC has no jurisdiction over Sudan because it hasn't approved Rome Statute, and he described the warrant of arrest as null and void. He reiterated that Sudan will never hand over any Sudanese national to be tried abroad. Al Mardi emphasized that the Sudanese judiciary is capable of prosecuting such cases. [...]"

3. Sudanese TV, "Sudan says ICC warrant against Darfur war crimes suspects 'political'," 2 May 2007
(link not available)

"The justice minister, Muhammad Ali al-Maradi, has declared that the warrant of arrest issued by the International Criminal Court [ICC] in The Hague against the state minister for humanitarian affairs, Ahmad Harun, and Ali Ku-shayb is null and void.

[Al-Maradi] The order or the warrant issued by the prosecutor of the ICC against the two brothers - Ahmad Harun and Ali Kushayb - is, in our view, absolutely null and void and should have no consequence. Its invalidity stems from the fact it is a violation of the principles of international law. We are a sovereign state with a seat at the UN and a state that is internationally recognized - which has legal, constitutional and geographical jurisdiction over its territory. Therefore all those who are within its territory are subject to state jurisdiction. This warrant is also null and void because Sudan does not fall under the ICC since it has not ratified the Rome Treaty which governs the ICC. The ICC prosecutor is now taking a stance, which we consider political and not legal. We still hold our view and still maintain our firm and declared stand which is that they [the ICC] have no mandate to try any Sudanese national. We will continue to become more firm and steadfast in this stand every passing day. This would not change because he [prosecutor] has issued a warrant of arrest or something else."

4. BBC News, "Sudan 'will defy Darfur warrants'," 3 May 2007
http://news.bbc.co.uk/2/hi/africa/6618527.stm

"Sudan's government has dismissed the warrants of arrest issued by The International Criminal Court for two men suspected of war crimes in Darfur.
"Sudan is not a member of the Statute of Rome - it is not bound by the ICC," Foreign Minister Lam Akol told the BBC. [...]

Mr Akol said that the Sudanese government's position was very clear and they would not co-operate any further with the ICC. "The ICC is a voluntary body. Countries that chose to join it are bound by it," he told the BBC's Network Africa programme. He pointed out that even the United States was not an ICC member.

On Wednesday, when the warrants were issued, ICC prosecutor Luis Moreno-Ocampo told the BBC the government had a legal duty to arrest the men. "It is not just about punishment - but also unveiling the truth. I have to be ready to prove my case beyond any doubt so I still have a lot of work to do," he said on the BBC's Focus on Africa programme. [...]"

5. Associated Press (updated/revised), "Hague tribunal issues warrants for two Sudanese," 2 May 2007
http://www.iht.com/articles/2007/05/02/news/sudan.php

"[...] Sudan responded that it had no intention of handing over the men: Ahmad Harun, the minister for humanitarian affairs, and Ali Kushayb, the militia leader. In light of the warrants, Justice Minister Mohamed Ali al-Mardi said, what little cooperation Sudan had already extended to the court was now over. Sudan has not ratified the treaty that set up the court.

"Our position is very, very clear: The ICC cannot assume any jurisdiction to judge any Sudanese outside the country," Mardi said in an interview in Khartoum, the capital. "Whatever the ICC does is totally unrealistic, illegal and repugnant to any form of international law."

The government in Sudan said it had arrested Kushayb pending an investigation, but several witnesses in Darfur said he was freely traveling from one town to another under police protection. [...]"

6. Los Angeles Times, Maggie Farley, "Sudan official accused in Darfur atrocities," 2 May 2007
http://www.latimes.com/news/nationworld/world/la-fg-sudan28feb28,0,1755989.story?coll=la-home-headlines

"[...] Prosecution, however, will not be easy. Sudan's justice minister immediately rejected the allegations and said the suspects would not be handed over for trial. [...] "The court has no jurisdiction to try any Sudanese for any alleged crimes," Justice Minister Mohammed Ali Mardi said. Sudan is not a signatory to the treaty that created the International Criminal Court and says it will not respect the court's decisions. [...]

"I have no assurance of cooperation," Moreno-Ocampo said in a conference call with journalists. "We know it is a difficult challenge." [...]

A member of Haroun's office said the state minister was in Khartoum but unavailable for comment. [...]

Sudanese government officials called the ICC accusations politically motivated and were preparing to organize mass demonstrations. "The whole thing is counterproductive," a senior official in Khartoum said. "They are just trying to put pressure on the government. The rebels committed atrocities. The government committed atrocities. But we are still in the situation of war. All other tribunals like this took place after the war was over. The issue of justice should come after the peace." [...]

Cameron Hume, the U.S. charge d'affaires in Sudan, urged all sides to not allow the court's accusations to interfere with efforts to resolve the crisis. Like Sudan, the U.S. does not recognize the authority of the ICC."

Other Related Articles:
- Xinhua News Agency, "Sudan rejects ICC arrest warrants for Darfur war crime suspects," 3 May 2007: http://english.people.com.cn/200705/03/eng20070503_371580.html

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B. INTERNATIONAL REACTIONS: UNITED STATES, UNITED KINGDOM, and FRANCE

1. Agence France Presse, "US urges Sudan comply with Darfur arrest warrants," 2 May 2007
http://news.yahoo.com/s/afp/20070502/pl_afp/sudandarfurunresticc_070502181743

"The United States on Wednesday urged Sudan to comply with arrest warrants issued by the International Criminal Court (ICC) for a Sudanese minister and a militia leader over the Darfur conflict. "We very strongly support accountability for those who are responsible for Darfur," White House spokesman Tony Snow said after the court, which has been opposed by the United States, handed out its first warrants. "We expect the government of Sudan to comply with the obligations under United Nations Security Council Resolution 1593 and and cooperate with the ICC," Snow told reporters. [...] But amid increasing frustration with Sudan's obstruction of international efforts to end the killing in Darfur, Washington has not sought to block ICC action against the Khartoum government."

Other Related Information:
- Transcript of White House Daily Press Briefing, 2 May 2007: http://www.whitehouse.gov/news/releases/2007/05/20070502-5.html

2. United Kingdom Foreign and Commonwealth Office, "FCO Minister comments on International Criminal Court arrest warrants," 2 May 2007
http://www.gnn.gov.uk/content/detail.asp?NewsAreaID=2&ReleaseID=282072

The FCO Minister for Africa, Lord Triesman, today commented on the announcement by the International Criminal Court. Lord Triesman said:

"The International Criminal Court (ICC), has today announced that it is issuing arrest warrants in connection with alleged atrocities in Darfur. Some crimes, such as those of which Ahmad Harun and Ali Kushayb are accused, are so serious as to make them of concern to the international community as a whole. There can be no impunity for crimes against humanity and war crimes. Where national governments cannot or will not act, those most responsible for such crimes must be prosecuted at the international level.

"Ultimately, it is for the Court to consider whether these two individuals are guilty of the crimes of which they are now accused. An ICC trial will be a fair trial. I call, therefore, on the Government of Sudan to co-operate with the Court's request for the arrest and surrender of Harun and Kushayb It is vital that the Government of Sudan fulfil its obligations in relation to the Court.

"Ensuring justice for the terrible crimes committed in Darfur should go hand-in-hand with efforts to improve the serious humanitarian and security situation there. There can be no more stalling: the Government of Sudan and rebel movements must abide by their agreements urgently, which include accepting the rapid deployment of a full AU-UN hybrid force, implementing an immediate ceasefire and a resumption of the political process."

Other Related Article:
- Agence France Presse, "The government and Amnesty call on Sudan to hand over Darfur suspects," 2 May 2007
http://news.yahoo.com/s/afp/20070502/wl_uk_afp/sudandarfurunresticc_070502201917

4. Statements made by the French Ministry of Foreign Affairs Spokesperson, 2 May 2007
http://www.ambafrance-us.org/news/briefing/daily_pb.asp#6

"Q - The judges at the ICI [sic] have issued their first two arrest warrants for persons accused of crimes in Darfur, one for a Sudanese minister and the other a leader of the Janjaweed militia. Your reaction?

A - I would like to remind you that it was at France's initiative that the UN Security Council referred the situation in Darfur (resolution 1593, March 2005) to the International Criminal Court (ICI) [sic]. According to the initial information in the press which I have, the ICI [sic] judges decided to issue the arrest warrants for two officials named by Chief Prosecutor Ocampo in his report of February 27. We hope the Sudanese authorities cooperate fully with the implementation of these measures."

5. An article published on JeuneAfrique explains that Sudan could face more pressure from the international community, following call from the US and France to cooperate. According to some experts, Sudan should have accepted to cooperate with the ICC. Instead, they may face sanction from the UN Security Council. They add that Sudan could have asked advice from international lawyers to question ICC's action. [Informal and Unofficial Summary by the CICC Secretariat]

See the following article:
- Le Soudan risque plus de pression internationale (Sudan may face more pressure from the international community) - AFP - 3 mai 2007 http://www.jeuneafrique.com/jeune_afrique/article_depeche.asp?art_cle=AFP65937khartselano0 (french)

6. French presidential candidates, Nicolas Sarkozy and Segolene Royal held a TV debate yesterday. On the Darfur issue, Segolene Royal (left wing) said that if she is president, she would ask China to pressure Sudan to end the conflict while Sarkozy (right wing) said he would rather see the Sudanese government face the ICC. At "Urgence Darfour"'s request, both candidates signed an "agreement" saying that if either one becomes president, they would implement certain measures mentioned on this agreement such as pushing for an international military intervention without Sudan's approval. [Informal and Unofficial Summary by the CICC Secretariat]

See the following articles:
- Ségolène-Sarkozy: débat sans concession (Ségolène-Sarkozy: Debate without concession) - BBC Afrique - 03 mars 2007
http://www.bbc.co.uk/french/news/story/2007/05/070503_france_debate.shtml (French)
- Le dossier du Darfour sur le bureau du nouveau président français (Darfur case: on the agenda of the next French president) - PANAPRESS -2 mai 2007
http://www.jeuneafrique.com/jeune_afrique/article_depeche.asp?art_cle=PAN70027ledossianar0 (French)

7. According to an AFP article, when asked on ICC arrest warrants for Sudanese suspects, Philippe Douste Blazy, French Minister of Foreign Affairs, said that this is in conformity with the UN Security Council resolution and that continued support to respect the resolution is needed. [Informal and Unofficial Summary by the CICC Secretariat]

See the following article:
- Darfour : Khartoum doit donner "au plus vite" son accord sur une force ONU-UA (Douste-Blazy) (Darfur: Khartoum must agree to a UN-AU hybrid force as soon as possible) - 2 May 2007 (NO LINK AVAILABLE)

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C. NGO MEDIA STATEMENTS AND QUOTES     

1. Amnesty International, "War crimes suspects must be brought before International Criminal Court," 2 May 2007
http://web.amnesty.org/library/Index/ENGAFR540202007

2. Human Rights Watch, "Hand Over War Crimes Suspects to ICC; UN Security Council Has Obliged Khartoum to Cooperate With the Court," 2 May 2007: http://www.hrw.org/english/docs/2007/05/02/sudan15822.htm

3. Institute for War and Peace Reporting, Lisa Clifford, "ICC Issues Sudan Arrest Warrants," 2 May 2007
http://www.iwpr.net/?p=acr&s=f&o=335266&apc_state=henh

"[...] Earlier this week, an ICC spokeswoman told IWPR that an April 12 letter from Moreno-Ocampo to the Sudanese ambassador to The Netherlands asking whether Harun and Kushayb would appear if ordered to do had received no response. [...]

Not surprisingly, reaction to the warrants was more positive among some in the international legal community. "We are one crucial step closer to seeing justice and accountability for the victims of Darfur," said Golzar Kheiltash, a Washington DC based international criminal lawyer and ICC advocate.

But the contentious issue of how and by whom the warrants will be served continues to rear its head. The court has no police force and relies on the cooperation and goodwill of countries involved to execute its warrants.

Some doubt that Sudan will ever cooperate and the warrants will simply gather dust. "Does anybody think that Khartoum is going to hand over a government minister?" said Eric Reeves, a Sudan researcher and analyst at Smith College in Massachusetts. "It's inconceivable. "What are they going to do with the warrants? Who is going to serve them? Who has served them in Northern Uganda?" [...]

"They've started with the two most difficult cases I can imagine," said Reeves. "In the case of Darfur, the ICC can't protect witnesses, can't get to witnesses, and can't extradite witnesses. It's going to be a vast spectacle of impotence. If these are the first two cases out of the block by the ICC what will it look like other than symbolic, western justice - that this is our sense of justice but we don't have any intention of doing anything about it."

John Washburn, convenor for the American NGO Coalition for the ICC, is more optimistic. He says arrests warrants - even though difficult to serve in the case of Uganda and Darfur - can prove valuable. "As we've seen with people like [former Bosnian Serb leader] Radovan Karadzic who are still at large, it removes them completely from public life," said Washburn. "It destroys their political base and turns them into fugitives. It means even if you escape being arrested in your own country you can't travel." He points out that over time governments and situations change and that it may eventually be possible to make the arrests. "People go somewhere they shouldn't and get picked up. It has happened time and time again at the two ad hoc tribunals [ICTR and ICTY]. Having that happen didn't require the existence of some sort of international police force," said Washburn. [...]

"The Security Council should have a role in ensuring that indictees are arrested and transferred to the ICC, following its earlier decision to refer the Darfur situation to the court," said Carla Ferstman, the director of Redress, a London-based advocacy group for torture survivors. "All states have a responsibility to cooperate with UN Security Council resolutions, regardless of whether they have ratified the ICC statute."

Kheiltash believes it is up to the international community to ensure "someone steps up and executes the warrants". "Governments around the world, including the US government, have gone on and on about 'never again', about genocide in Darfur, about stopping the violence. Here's your chance," she said "There's something concrete on the table, and we have a chance to seize the opportunity and show the people of Darfur we mean what we say, that it's not empty words and rhetoric."

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D. ICC PRESS RELEASE: REGISTRAR VISITS CHAD AS PART OF DARFUR OUTREACH

1. ICC Press Release, "Visit of the Registrar to Refugee Camps in Eastern Chad," 3 May 2007
http://www.icc-cpi.int/press/pressreleases/243.html

"As part of the strategy for outreach related to the situation of Darfur, the Registrar of the International Criminal Court (ICC), Mr Bruno Cathala, is visiting three camps housing Sudanese refugees in Eastern Chad. The purpose of his mission, which will end on Friday 4th May, is to explain the mandate and activities of the Court, especially the rights of victims to participate in Court proceedings, presenting their views and concerns at all stages of the proceedings, regardless of if they are called to testify as witnesses. Throughout the three day visit, the Registrar together with the Head of the Division of Victims and Counsel, Mr Didier Preira, will meet with representatives of the refugees in the camps of Bredjing, Farchana and Treguine which host about 65,000 people."

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E. LINKS TO ADDITIONAL GENERAL MEDIA COVERAGE (in alphabetical order)

- The Australian, "First Darfur arrest warrants issued," 3 May 2007: http://www.theaustralian.news.com.au/story/0,20867,21663472-1702,00.html
- Christian Science Monitor, Daniel Blake, "Arrest Warrants Issued for War Crimes Suspects in Sudan," 3 May 2007: http://www.christiantoday.com/article/arrest.warrants.issued.for.war.crimes.suspects.in.sudan/10612.htm
- The Guardian, Xan Rice, "Hague court issues first Darfur war crimes warrants," 3 May 2007: http://www.guardian.co.uk/sudan/story/0,,2071121,00.html?gusrc=rss&feed=12
- The New York Sun, Steven Stalinksy,  "War Crime Warrants Revive 'Darfur Conspiracies'," 3 May 2007: http://www.nysun.com/article/53740
- The New York Times, Marlise Simmons, "Judges Charge 2 Top Sudanese With Atrocities in Darfur Area," 2 May 2007: http://www.nytimes.com/2007/05/03/world/africa/03sudan.html
- The Telegraph, "ICC issues first Darfur arrest warrants," 2 May 2007: http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/05/02/wdarfur102.xml
- UN News Service, "International Criminal Court issues warrants for first Darfur war crimes suspects," 2 May 2007: http://www.un.org/apps/news/story.asp?NewsID=22422&Cr=sudan&Cr1=
- The Washington Post, Nora Boustany, "Court Issues Warrants For Darfur War Suspects," 3 May 2007: http://www.washingtonpost.com/wp-dyn/content/article/2007/05/02/AR2007050200488.html

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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