Follow Us:

Security Council resolution authorizing peacekeepers; OTP reaction to SC resolution; Human rights committee conclusions on Sudan

01 Aug 2007

Dear all,

Please find below excerpts from media articles on recent developments
related to the ICC's investigation in Darfur.

Included below is news of the Security Council Resolution regarding
deployment of the UN-AU Hybrid Force in Darfur. Although, it was
recognized as a "concerted effort" by the SC members, this resolution
does not mention the ICC and the Office of the Prosecutor warned the
international community "not to forget about the ICC arrest warrants
issued over Darfur."

Find also more information on the final conclusions adopted by the UN
Human Rights Committee and another statement by the US Legal Advisor to the Secretary of State, John Bellinger III, who noted that his country was "ready to consider any request that the International Criminal Court [ICC] submits to help in arresting the State Minister at the Ministry of Humanitarian Affairs, Ahmad Harun, and Ali Kushayb who are accused by the ICC of committing war crimes in Darfur despite their denial"

Please note that all translations below are unofficial and provided by the CICC Secretariat as a service to our members, and should not be disseminated in official documents.

Please also 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.

With regards,

Mariana Rodriguez Pareja

CICC Spanish Information Services Coordinator and Latin America Analyst

[email protected]

******

I. SECURITY COUNCIL AUTHORIZES DEPLOYMENT OF UNAMID (UNITED
NATIONS-AFRICAN UNION MISSION IN DARFUR), BUT NO LANGUAGE ON ICC IN
RESOLUTION- IMMEDIATE REACTION FROM MORENO OCAMPO

i. "Sudan welcomes UN resolution on Darfur force," Agence France Presse, 1 August 2007,
http://abc.net.au/news/stories/2007/08/01/1994464.htm?section=justin

"Sudan on Wednesday welcomed a UN resolution approving a joint African Union-UN peacekeeping force for strife-torn Darfur, a belated
international response to a four-year-long humanitarian disaster.

... The new force, which could begin deploying as early as October, will take over from the current under-equipped AU mission of 7,000 to patrol a vast arid area in western Sudan roughly the size of France. Khartoum welcomed the resolution after finally agreeing to the hybrid force on July 12 on condition it be made up essentially of African troops. Sudan's ambassador to London Omer Siddig described the decision as 'a step in the right direction,' saying Khartoum had itself asked the United Nations to help the struggling African Union force.

'The African Union doesn't have resources and doesn't have trained
people, so we requested assistance from the United Nations and from the international community to come for the help of the African Union on the ground,' he told BBC radio.

...The new resolution authorises the UN-AU force to take 'the
necessary action' under Chapter Seven of the UN Charter to protect its personnel, ensure security and freedom of movement for humanitarian workers, prevent attacks and threats against civilians and back implementation of the Darfur Peace Agreement.

The resolution urged Khartoum and rebel groups to commit themselves to a permanent ceasefire and to join peace talks under AU-UN mediation.

... However, the final document notably does not authorize foreign
troops to pursue alleged war criminals sought by the International
Criminal Court in The Hague.

And the ICC prosecutor's office on Wednesday warned the international
community not to forget the arrest warrants it issued over Darfur."

ii. "UN decision on Darfur wins global applause," Agence France Presse, 1 August 2007,
http://www.metimes.com/storyview.php?StoryID=20070801-060718-8117r

"The international community on Wednesday welcomed the UN decision to
create a new peacekeeping force in Darfur, with France and Australia
backing their applause with offers of military and medical personnel.

The resolution authorising a joint UN-African force for the
strife-ridden region of western Sudan, was passed unanimously by the UN Security Council on Tuesday, having won the key support of China.

'This is the result of concerted effort and should be fully recognised and encouraged,' Chinese Foreign Minister Yang Jiechi said just hours after the UN vote mandating the 26,000-strong force.

.... Although it backed the resolution, the United States took a tough stance toward Khartoum, warning of sanctions in the event of its non-compliance.

'If Sudan does not comply... the United States will move for the swift adoption of unilateral and multilateral measures,' US ambassador to the UN Zalmay Khalilzad said.

The vote came only hours after British Prime Minister Gordon Brown, in a speech at the United Nations, also threatened sanctions if the violence in Darfur continued.

Australia was 'delighted' with the resolution, said Foreign Minister
Alexander Downer, who said his government, was willing to contribute
medical support.

... France, one of the co-sponsors of the UN resolution, stressed the
importance of African nations contributing the bulk of the force's
military component.

The UN resolution authorises the UN-AU force to take 'the necessary
action' to protect its personnel, ensure security and freedom of
movement for humanitarian workers, prevent attacks and threats against civilians and back implementation of the Darfur Peace Agreement. However, it does not authorise foreign troops to pursue alleged war criminals sought by the International Criminal Court (ICC) -- an omission that drew a sharp warning from the tribunal based in The Hague.

...'We want to recall that the international community has called for
these two arrests. This issue should not be ignored,' an advisor to ICC prosecutor Luis Moreno-Ocampo, told AFP."

iii. "Don't forget Darfur arrest warrants, ICC warn," Agence France
Presse, 1 August 2007 [link unavailable]

"The office of the prosecutor of the International Criminal Court on
Wednesday warned the international community not to forget the arrest
warrants it issued over Darfur after the UN Security Council approved a joint African Union-UN peacekeeping force there.

In May this year the ICC issued arrest warrants for Ahmed Haroun, the
secretary of state for humanitarian affairs, and pro-government
Janjaweed militia leader Ali Kosheib, but Sudan has refused to hand them over.

'We were not a party in the discussions' about UN Resolution 1769
mandating a 26,000-strong 'hybrid' force, to be known as UNAMID, to
take over peacekeeping in Darfur from 7,000 ill-equipped African Union troops.

'We want to recall that the international community has called for these two arrests. This issue should not be ignored,' an advisor to ICC prosecutor Luis Moreno-Ocampo, speaking on the basis of anonymity, told AFP...."

iv. "Sudan sees 'positive elements' in UN Darfur resolution," Agence
France Presse, 1 August 2007 [link unavailable]

"...'The fourth and final version of the resolution contains several
positive elements which take into account the Sudanese government's
reserves and concerns,' Sudan's ambassador to the UN Abdalmahmood
Abdalhaleem Mohamad was quoted as saying by the official SUNA news
agency.

...He said the final version of the resolution 'is not a blank cheque' for those seeking a hard line on Sudan as it makes no reference to the original Resolution 1706 of August 2006 which called for a UN-only force. The current resolution underwent several revisions before an acceptable version was agreed upon.

... Abdalhaleem Mohamad said the wording was in Khartoum's favour. The final document notably does not authorise foreign troops to pursue alleged war criminals sought by the International Criminal Court in The Hague.

The reference to Chapter Seven is limited to one article and is
conditional on the need to help apply the Darfur Peace Agreement, he
said."

v. "UN approves 26,000 peacekeepers for Darfur after years of
slaughter," The Times (London), 1 August 2007,
http://www.timesonline.co.uk/tol/news/world/africa/article2176270.ece

"Diplomats had been working to secure Sudan's agreement to an expanded peacekeeping force. A British-sponsored resolution in 2006, authorising a larger UN force of 17,300 troops plus 3,300 police, came to nothing when Sudan refused to consent.

....Abdalmahmood Abdalhaleem Mohamad, the Sudanese Ambassador to the UN, said that his Government -which includes a minister for humanitarian affairs who has been indicted by the International Criminal Court for alleged war crimes in Darfur - would implement the resolution establishing the 'hybrid' force. He called for renewed efforts to reach a political settlement, after the rejection of the May 2006 Darfur Peace Agreement by two of the three rebel groups that negotiated it...."

Related articles:

i. "Sudan accepts UN resolution on Darfur force," Agence France Presse (via Turkish Press), 31 July 2007,
http://www.turkishpress.com/news.asp?id=187825&s=&i=&t=Sudan_accepts_UN_
resolution_on_Darfur_force

ii. "Sudan says Darfur U.N. force resolution "practical"", Reuters (via Washington Post), 1 August 2007,
http://www.washingtonpost.com/wp-dyn/content/article/2007/08/01/AR200708
0100318.html

iii. "U.N. approves peacekeeping mission in Darfur," Los Angeles Times, 1 August 2007,
http://www.spokesmanreview.com/nation_world/story.asp?ID=202356

iv. "Sudan accepts UN resolution on Darfur force," Brisbane Times, 2
August 2007,
http://news.brisbanetimes.com.au/sudan-welcomes-un-resolution-on-darfur-force/20075901-qs2.html

II. UN HUMAN RIGHTS COMMITTEE CONCLUSIONS ON SUDAN

i. "Human Rights Committee Concludes Ninetieth Session Adopts Final
Conclusions and Recommendations on Reports of Zambia, Sudan and Czech
Republic," States News Service, 27 July 2007,
http://www.unhchr.ch/huricane/huricane.nsf/view01/7B7F79E49D7B2623C1257325004A139E?opendocument

"...Regarding the third periodic report submitted by Sudan, the
Committee welcomed the signature of the Comprehensive Peace Agreement of 2005 as well as the 2006 Darfur Peace Agreement. Among the principal subjects of concern, the Committee noted with concern that the Sudanese authorities had not carried out any exhaustive, independent appraisal of serious violations of human rights committed in the territory of Sudan and in particular in Darfur. The Committee recommended that Sudan should take all appropriate steps, including cooperation with the International Criminal Court, to ensure that all human rights violations brought to its attention were investigated.

...The Committee recommended that Sudan should deploy all the human and material resources required to hold within the prescribed time limit the referendum provided for by the Interim National Constitution. It should also take all appropriate steps, including cooperation with the International Criminal Court, to ensure that all human rights violations brought to its attention were investigated, and that those responsible for such violations, including State agents and militia members, were prosecuted at national or international level and ensure that no financial support or material was channelled to militias that engaged in ethnic cleansing or the deliberate targeting of civilians. Further Sudan
should also undertake to abolish all immunity of the police, armed and national security forces; set up its efforts to raise popular awareness of women's rights, promote their participation in public affairs and ensure their education and access to employment; educate the police about violence against women; prohibit in its legislation the practice of female genital mutilation; stop all forms of slavery and abduction; and take appropriate steps to ensure the safety of humanitarian workers and facilitate their access to the beneficiaries of humanitarian aid...."

III. US LEGAL ADVISOR BELLINGER SAYS US READY TO HELP ARREST ICC
SUSPECTS

i. "Sudan raps USA over statement on ICC indictments," BBC Monitoring
Middle East as reprinted in Al-Sahafah (Sudan), 22 July 2007 [link
unavailable]

"The legal advisor of the US secretary of state, John Bellinger, has
said that his country was ready to consider any request that the
International Criminal Court [ICC] submits to help in arresting the
State Minister at the Ministry of Humanitarian Affairs, Ahmad Harun, and Ali Kushayb who are accused by the ICC of committing war crimes in Darfur despite their denial.

...He pointed out that the USA accepted the aims of the ICC and an
exception in the US military law allows it to help cooperate with the
ICC in arresting war criminals...."

*****

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