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UNHCHR's report on Human Rights Situation in Sudan Mentions ICC; press coverage; HRW press release

24 Aug 2007

Dear all,

Please find below excerpts from media articles and statements on recent
developments related to the ICC's investigation in Darfur. This digest
includes excerpts from the eighth periodic report of the United Nations High
Commissioner for Human Rights as well as related media coverage and a press
release by Human Rights Watch (HRW).

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 Communications
[email protected]

I. EXCERPTS OF UNHCHR'S REPORT ON HUMAN RIGHTS SITUATION IN SUDAN MENTIONS
ICC

"Eighth periodic report of the United Nations High Commissioner for Human
Rights on the human rights situation in the Sudan Women abducted, raped and
kept as sex slaves following the December 2006 attacks on Deribat," issued
by the Office of the High Commissioner for Human Rights in cooperation with
the United Nations Mission in Sudan, 20 August 2007,
http://www.ohchr.org/english/press/docs/Deribat_report_20Aug07.pdf

"1. The Office of the High Commissioner for Human Rights (OHCHR) issued a
public report in April 2007 focusing on details of the attacks on Deribat
and eight other villages in East Jebel Marra, South Darfur in late December
2006. The villages were attacked by Government and allied militias on land
and by air. Local sources reported 36 civilian deaths. The April 2007 report
focused on a number of specific cases of sexual assault including abduction
and rape.

.. 3. Despite a difficult security situation, human rights officers were
able to interview a significant number of victims and witnesses. Interviews
were conducted independently and individual testimony by each witness was
systematically corroborated. UNMIS Human Rights also interviewed a number of
other secondary witnesses who provided useful complementary testimonies.
Initial conclusions of the investigation were presented to local authorities
in Nyala, South Darfur. No investigations were carried out by the
authorities.

... 6. Interviews indicate that the abducted women were systematically
raped. One witness stated 'they were raped by any man who wanted. Whenever
any man came to them, the women were supposed to comply, otherwise they were
badly beaten.' Another woman abducted with her sixteen year old daughter
described how women were raped in front of each other. Women who took time
to take their clothes off were slapped and forced to the ground. If a woman
continued to resist, she would be beaten with sticks. One witness described
how she tried to escape but was caught and tied with a rope for three days;
she said 'I was raped by three men while my hands were tied and my legs were
only opened for the rape.' The victims that UNMIS Human Rights interviewed
were from the ages of 25 to 40. The women and children were held by the
abductors for approximately one month.

7. The multiple rapes by many of the attackers led to grave health risks
from the consequent physical injuries and psychological trauma. A number of
women became pregnant as a result of the rape, with pregnancy and delivery
further risking the health of physically injured mothers. Some women are
reported to have sought abortions, again resulting in serious health risks.
Other women, who were already pregnant at the time of the abduction, gave
birth under dire conditions.

... 9. No formal medical treatment was available to any of the abducted
persons, who relied only on traditional medicine, when available. During
their abduction, women were forced to cook and serve food for their
abductors. The abducted women and children were given insufficient food,
receiving only the leftovers, but were afraid to ask for more because of
fear of mistreatment.

..Acts committed

.20. According to the information gathered by UNMIS Human Rights during its
interviews, a series of violations have been committed that constitute both
violations of international human rights law and international humanitarian
law. Some of these may also constitute war crimes.

21. Rape: sexual violence is prohibited under the prohibition of torture and
cruel, inhuman or degrading treatment or punishment. If rape, sexual
slavery, or any other form of sexual violence of comparable gravity are
committed as part of a widespread or systematic attack directed against
civilians, the above-listed forms of sexual violence can constitute a crime
against humanity, and potentially fall within the jurisdiction of the
International Criminal Court (ICC). Committing rape, sexual slavery or any
other form of sexual violence also constituting a serious violation of
common article 3 of the Geneva Conventions in the course of a
non-international armed conflict is a war crime pursuant to the Statute of
the ICC.

..Recommendations

. The Government and rebel factions must cease all attacks against
civilians, especially women and children.

. The Government should protect the safety of victims and witnesses.

. The Government should issue immediate clear instructions to all troops
under its command including PDF and other militias that rape and other forms
of sexual violence will not be tolerated; that they constitute war crimes.."

II. PRESS COVERAGE OHCHR'S REPORT

i. "U.N. reports new details on Darfur rapes," Mercury News, 21 August 2007,
http://www.mercurynews.com/nationworld/ci_6680422?nclick_check=1

"U.N. report released Tuesday describes gruesome new details about the rapes
of dozens of Darfur women last year, saying they were sexually assaulted in
front of each other, beaten with sticks and forced to cook and serve food to
their attackers.

.. 'The abuses may also constitute war crimes,' said the report by the
office of Louise Arbour, U.N. high commissioner for human rights..

A February report by the International Criminal Court alleged there have
been 'mass rape of civilians who were known not to be participants in any
armed conflict' in Darfur."

ii. "Probe into Rwandan Darfur general," BBC News UK, 22 August 2007,
http://news.bbc.co.uk/2/hi/africa/6958432.stm

"African Union soldiers in Darfur are to be joined by new troops. The United
Nations is investigating claims that a general set to head its force in
Sudan's Darfur region, participated in the Rwandan genocide.

UN spokesman Yves Sorokobi said human rights groups should submit evidence
linking Rwandan General Karenzi Karake to any alleged crimes. The African
Union approved General Karake to become the deputy commander of the AU-UN
hybrid force in Darfur. Some 800,000 Tutsis and moderate Hutus died in the
1994 genocide in Rwanda.
A Belgium-based Rwandan exile group has accused General Karake of
supervising the killings of civilians during the genocide in Rwanda and the
DR Congo.

.. Meanwhile the UN has asked the Sudanese government to investigate
allegations of rape and sexual slavery committed during raids on nine
villages in eastern Darfur last December.

A report by the UN Human rights commission says 50 women were abducted and
raped by members of the Sudanese Army and allied militia in Jebel Marra
region. 'The women were subjected to multiple rape and other forms of
violence which constitute war crimes,' the report from the office of Louise
Arbour said. The Sudanese government had pledged to investigate the
allegations last April when the report first emerged but no action has been
taken.

. The UN says the force in question was loyal to a commander who was
appointed governor of West Darfur in February this year. The accusations
could increase Sudanese government fears that the planned UN peacekeeping
force could arrest those allegedly involved, and take them to the
International Criminal Court in The Hague."

iii. "Urgent Measures Needed to Address Sexual Violence in Darfur,"
Infozine.com, 23 August 2007,
http://www.infozine.com/news/stories/op/storiesView/sid/24607/

"International peacekeepers in Darfur should provide civilian protection and
use rapid-response capabilities to protect women from widespread rape and
other sexual violence, Human Rights Watch said today.

A report from the UN Office of the High Commissioner for Human Rights
(OHCHR) on August 21 described how government forces and affiliated armed
groups in December 2006 captured and systematically raped dozens of women
during a large attack in South Darfur. The report is just the latest
evidence of widespread sexual violence in Darfur, which has also been
documented by Human Rights Watch and others.

'The mounting evidence of widespread rape in Darfur underscores why the
newly approved AU-UN mission will need to be prepared to protect civilians,'
said Peter Takirambudde, Africa director at Human Rights Watch.
'Peacekeepers in Darfur need the capacity to respond rapidly to threats
against civilians.'

. Human Rights Watch welcomed the recent agreement on a proposed AU-UN
hybrid force for Darfur. However, that force will not be on the ground until
next year.

'Civilians under attack today can't wait for the hybrid force,' said
Takirambudde. 'Better patrols to protect women and more human rights
monitors are needed now.'

In 2005, the UN Security Council referred the situation in Darfur to the
International Criminal Court (ICC). When serious sexual violence forms part
of a widespread or systematic attack against civilians, it can constitute a
crime against humanity. In the case of Darfur, such crimes could be
prosecuted under the jurisdiction of the ICC."

III. HUMAN RIGHTS WATCH: PRESS RELEASE

"Darfur: Urgent Measures Needed to Address Sexual Violence"
Hybrid Force Should Enhance Civilian Protection Capabilities
http://hrw.org/english/docs/2007/08/22/darfur16719.htm

(New York, August 22, 2007) - International peacekeepers in Darfur should
provide civilian protection and use rapid-response capabilities to protect
women from widespread rape and other sexual violence, Human Rights Watch
said today.

"The mounting evidence of widespread rape in Darfur underscores why the
newly approved AU-UN mission will need to be prepared to protect civilians,"
said Peter Takirambudde, Africa director at Human Rights Watch.
"Peacekeepers in Darfur need the capacity to respond rapidly to threats
against civilians."

Women in Darfur are also at risk of sexual violence outside the context of
large attacks. Women risk being raped if they leave their camp for
internally displaced people to search for firewood. In some areas, the
current African Union Mission in Sudan (AMIS) has provided "firewood
patrols" to accompany groups of women once or twice a week as they gather
firewood. But these patrols have often been ineffective due to poor
organization, lack of resources, and lack of communication with the people
who benefit from the patrols.

If such patrols were better organized and carried out, they could make a
major contribution to the protection of civilians, as could the appointment
and wide dispersal of more human rights monitors on the ground.

Human Rights Watch welcomed the recent agreement on a proposed AU-UN hybrid
force for Darfur. However, that force will not be on the ground until next
year.

"Civilians under attack today can't wait for the hybrid force," said
Takirambudde. "Better patrols to protect women and more human rights
monitors are needed now."

In 2005, the UN Security Council referred the situation in Darfur to the
International Criminal Court (ICC). When serious sexual violence forms part
of a widespread or systematic attack against civilians, it can constitute a
crime against humanity. In the case of Darfur, such crimes could be
prosecuted under the jurisdiction of the ICC.

*****

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