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Darfur - Arrest Warrants: ICC Information Resources; Media Coverage; Sudan Rejects Warrants; OTP Confirms Letter Sent to Sudan

02 May 2007

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

A. INFORMATION PROVIDED BY THE ICC: links to press releases, background information, decisions, and the arrest warrants provided by the ICC.

B. MEDIA COVERAGE ON ISSUANCE OF WARRANTS: general media coverage of this latest development by newswires (Agence France Presse, Reuters, BBC News, Associated Press, Voice of America).

C. SUDAN REJECTS ARREST WARRANTS: In response to these arrest warrants, Sudanese Justice Minister Mohamed Ali Al-Mardi has told Reuters that "We do not recognise the International Criminal Court ... and we will not hand over any Sudanese." Al-Mardi also told Agence France Presse, "Sudan rejects the ICC prosecutor's decision."

D. OTP CONFIRMS LETTER WAS SENT TO SUDAN: In a statement to the Sudan Tribune, the Office of the Prosecutor (OTP) of the ICC confirmed the existence of a letter that was sent to Khartoum requesting clarification on its position regarding the extradition of the Darfur suspects to the Court.

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. INFORMATION PROVIDED BY THE ICC

[These documents have been produced by the ICC. The CICC Secretariat distributes them as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. The documents do not reflect the views of the CICC as a whole or its individual members.]

1. Press Releases and Background Information:
- ICC Press Release, "Warrants of Arrest for the Minister of State for Humanitarian Affairs of Sudan, and a leader of the Militia/Janjaweed": http://www.icc-cpi.int/press/pressreleases/241.html)
- OTP Press Release, "Judges Endorse Prosecutor's Evidence of Crimes in Darfur": http://www.icc-cpi.int/press/pressreleases/242.html
- Facts regarding the situation in Darfur: http://www.icc-cpi.int/library/press/pressreleases/ICC-PIDS-PR-20070502-214A_En.pdf
- Q&A on Warrant of Arrest: http://www.icc-cpi.int/library/press/pressreleases/ICC-PIDS-PR-20070502-214B_En.pdf
- Course of Action and Procedure following a Warrant of Arrest: http://www.icc-cpi.int/library/press/pressreleases/ICC-PIDS-PR-20070502-214C_En.pdf

2. ICC Decisions and Warrants of Arrests:
- ICC Decisions on Darfur: http://www.icc-cpi.int/cases/Darfour/c0205/c0205_all.html
- Warrant of arrest for Ali Kushayb: http://www.icc-cpi.int/library/cases/ICC-02-05-01-07-3_English.pdf
- Warrant of arrest for Ahmad Harun: http://www.icc-cpi.int/library/cases/ICC-02-05-01-07-2_English.pdf
- Decision on the Prosecution Application under Article 58(7) of the Statute: http://www.icc-cpi.int/library/cases/ICC-02-05-01-07-1_English.pdf

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B. MEDIA COVERAGE ON ISSUANCE OF WARRANTS

1. Agence France Presse, Stephanie van den Berg "International court issues first Darfur arrest warrants," 2 May 2007
http://news.yahoo.com/s/afp/20070502/wl_africa_afp/sudandarfurunresticc_070502111919

"[...] In documents released Wednesday the judges said there were "reasonable grounds" to conclude that Ahmed Haroun, Sudan's secretary of state for humanitarian affairs and a former minister in charge of Darfur, and Ali Kosheib, a principal leader of the Khartoum-backed Janjaweed, were "criminally responsible" for war crimes and crimes against humanity committed in Darfur. The arrest warrants, dated April 27, charge the pair with a long list of 51 counts including murder, torture, mass rape and the forced displacement of entire villages during a series of attacks in western Darfur in 2003 and 2004. [...]

"We completed an investigation under very difficult circumstances, from outside Darfur, and without exposing any of our witnesses. We transformed their stories into evidence, and now the judges have confirmed the strength of that evidence," ICC prosecutor Luis Moreno-Ocampo said in a statement. [...]

"The judges have issued arrest warrants. As the territorial state, the government of the Sudan has a legal duty to arrest Ahmed Haroun and Ali Kosheib. This is the International Criminal Court's decision, and the government has to respect it," Moreno-Campo stressed. [...]

"The judges' decision clearly shifts the burden on Sudan to adhere to its responsibilities as it must under the Security Council resolution," Richard Dicker of Human Rights Watch told AFP. "Sudan has the opportunity to challenge the suitability of this case in court but not in a way that delays their cooperation with the ICC," he added.

The judges had the choice between issuing a summons to appear or an international arrest warrant. They explained that because Haroun is part of the "inner circle" of Sudanese government and allegations exist that he may have concealed evidence his arrest is necessary "to ensure that he will not obstruct or endanger the investigation". [...] The judges said [Kushayb's] arrest was necessary to ensure his appearance in The Hague because his detention "prevents him from willingly and voluntarily appearing before the court". If the men are handed over to the ICC there will first be a so-called confirmation of charges hearing, where judges will have to decide if there is enough evidence to proceed to an actual trial. [...]"

2. Reuters, Alexandra Hudson, "ICC judges issue arrest warrants for Darfur suspects," 2 May 2007
http://www.reuters.com/article/worldNews/idUSL0272465320070502

"International Criminal Court judges issued their first arrest warrants for suspects accused of war crimes in Sudan's Darfur region, the ICC said on Wednesday, but Sudan refused to hand over the men. [...] "The government of the Sudan has a legal duty to arrest Ahmed Haroun and Ali Kushayb," the court said.

But Sudan's Justice Minister Mohamed Ali Al-Mardi told Reuters on Wednesday Khartoum would not hand over the suspects. "We do not recognize the International Criminal Court ... and we will not hand over any Sudanese even from the rebel groups who take up weapons against the government," he said. [...]

Richard Dicker of Human Rights Watch welcomed the arrest warrants. "These warrants put the burden on the Khartoum leadership to co-operate and any failure to do so will only increase their isolation on the international stage," he said. [...]

"Haroun and Kushayb will be in the dock -- maybe in two months or in two years -- but they will be there," Moreno-Ocampo told Reuters. [...]"

Other Related Articles:
- BBC News, "ICC issues Darfur arrest warrants," 2 May 2007
http://news.bbc.co.uk/2/hi/africa/6614903.stm
- Associated Press, Mike Corder, "Warrants Issued for Darfur Suspects," 2 May 2007: http://news.yahoo.com/s/ap/20070502/ap_on_re_eu/international_court_darfur_5
- Voice of America, "International Court Issues First Darfur Arrest Warrants," 2 May 2007: http://www.voanews.com/english/2007-05-02-voa9.cfm

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C. SUDAN REJECTS ARREST WARRANTS

1. Reuters, "Sudan says will not hand over ICC Darfur suspects," 2 May 2007
http://mobile.alertnet.org/thenews/newsdesk/L02469620.htm

Sudan will not hand over two suspects wanted by the International Criminal Court (ICC) for alleged war crimes in Darfur, Justice Minister Mohamed Ali Al-Mardi told Reuters on Wednesday. "We do not recognise the International Criminal Court ... and we will not hand over any Sudanese even from the rebel groups who take up weapons against the government," he said. "Our position is clear and nothing has happened for us to change it."

2. Agence France Presse, "Sudan rejects ICC arrest warrants," 2 May 2007
http://www.mg.co.za/articlepage.aspx?area=/breaking_news/breaking_news__africa/&articleid=306438

"[...] However, Khartoum was quick to reject the warrants, saying the court had no jurisdiction in the matter. "Sudan rejects the ICC prosecutor's decision and our position is in line with international law because Sudan is not a member of the treaty that founded this jurisdiction," Sudanese Justice Minister Mohammed Ali al-Mardhi said. [...]"

Other Related Articles:
- UPI, "Sudan ignores ICC arrest warrants," 2 May 2007: http://www.upi.com/NewsTrack/Top_News/2007/05/02/sudan_ignores_icc_arrest_warrants/

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D. OTP CONFIRMS LETTER WAS SENT TO SUDAN

Sudan Tribune, Wasil Ali, "Questions surround ICC letter to Sudan on Darfur suspects," 2 May 2007
http://www.sudantribune.com/spip.php?article21667

"The Office of the Prosecutor at the International Criminal Court (ICC) confirmed the existence of a letter that was sent to Khartoum requesting clarification on its position regarding the extradition of the Darfur suspects to court. In a statement received by Sudan Tribune on Tuesday, the office of Luis Moreno-Ocampo, chief prosecutor of the ICC, said that a letter was sent to Sudanese Ambassador at the Netherlands on April 12th requesting a response by April 30th. The ICC has not received a response from Sudan by the deadline. [...]

The statement described the letter as part of the attempts by prosecutor to "secure cooperation from the Government of Sudan". The statement voiced rare criticism of Sudan for lack of cooperation citing "outstanding requests for information, materials, and other forms of cooperation".

The Sudanese justice Minster Mohamed Ali Al-Mardi commented on the letter by reiterating Sudan's position rejecting the jurisdiction of the court and refusing to hand over any Sudanese citizen to be tried abroad. According to the ICC's statement, failure by Sudan to comply with any forthcoming decision by the judges "could justify the issuance of warrants of arrest, subject of course to the Pre-Trial Chamber's determination".

There has been conflicting reports from Khartoum on the exact contents of the letter. The head of Sudan's Bar association, Fathi Khalil has condemned Ocampo's letter and called on the government to ignore it. Al-Sudani newspaper published in Khartoum quoting a foreign minister official that Ocampo advised the Sudanese government to accept UN peacekeepers in Darfur to avoid ICC prosecutions. The newspaper described the letter as 'explorative' in nature opening the door for a compromise with the ICC.

It is not clear what triggered Ocampo's letter to Sudan at this specific time. The judges of Pre-Trial Chamber at the ICC who are looking at the Darfur case are still deliberating on the evidence submitted by the prosecutor on the Darfur case. However sources at the ICC told Sudan Tribune that the judges have not requested any information or evidence from the prosecutor since both sides convened in a closed hearing on March 8th. The Darfur case at the ICC has surpassed the Ugandan Resistance Army (LRA) case in the length of time it took before the judges issued a decision on the evidence. [...]"

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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