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US Envoy to Sudan mentions ICC during briefing; Opinions pieces

09 Aug 2007

Dear all,

Please find below excerpts from media articles and statements on recent developments related to the ICC's investigation in Darfur. These include coverage of US Envoy to Sudan Andrew Natsios' response to a Reuters journalist on the US role in ICC investigations in Darfur and various opinion pieces such as Sudan Tribune's position that the pace of the ICC has been a 'poison pill' to the Darfur case and another by John Lyod in the Financial Times saying there is 'some hope' for Darfur now that troops are to be deployed and the ICC has issued two arrest warrants.

The following digest includes articles and documents we have received from diverse sources including international news agencies, local newspapers and other sources. Please note that it is not exhaustive and does not represent views from all parties concerned. We will continue to provide the most inclusive information as it becomes available. Additionally, all French translations below from 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.

Best regards,

Sasha Tenenbaum
CICC Communications
[email protected]

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I. US SPECIAL ENVOY TO SUDAN SAYS US COOPERATION WITH ICC ADDRESSED IN EARLIER SC RESOLUTIONS

"Special Envoy to Sudan [Andrew] Natsios briefs press on recent developments in Sudan," U.S. Department of State On-The-Record Briefing, 7 August 2007, http://www.state.gov/p/af/rls/spbr/2007/90358.htm

...[Sue Pleming of Reuters asks]:"The question that I had was concerning the ICC and whether the criminal court and whether the Sudanese Government has indicated to you whether they will be prepared at one stage or another to hand over some of the suspects such as Ahmed Haroun and also this Janjaweed militia leader.
Now, the Sudanese Government has said that they are refusing to act on both of these warrants because they say there's no evidence against the pair. And also they point out that the U.S. is not an ICC signatory, so they don't feel under much pressure. Just wondering if you had any comment on that?

Mr. Natsios: Well, the fact is that the Security Council actually has acted on this matter, so it goes beyond the question of the ICC itself. I believe some of the earlier Security Council resolutions did deal with the issue of our cooperation or lack of cooperation. And I'm going to leave it at that in terms of what the U.S. position is because it's in those resolutions already.

In terms of conversations on this issue, I didn't feel empowered to talk for the ICC about any specific request to get any particular people out. I know there've been conversations with them, but I didn't. So I haven't done any negotiating with the Sudanese Government about any particular people being released or, you know, sent to The Hague.

[Sue Pleming of Reuters asks]: But isn't this a key issue in terms of -- well, I mean, this is one area where the Sudanese Government is very sensitive there, along with sanctions and other things, this -- you know, that's sort of being -- becoming a pariah -- being very --

Mr. Natsios: I'm sure that they are very sensitive about this. I've heard lots of stories, but they're always secondhand about what the reaction was when the indictments were made. But you really have to ask someone who's more expert in this than I am...."

II. OP-EDs AND ANALYSIS

i. "An obligation to act in the killing desert," Op-ed by John Lyod (Financial Times), 8 August 2007,

http://www.ft.com/cms/s/178c317e-4480-11dc-90ca-0000779fd2ac.html

"...There is some renewed hope for Darfur. The 19,000 troops may soon be deployed. The International Criminal Court, in May, charged two Sudanese figures
- Ali Muhammad Ali Abd-al-Rahman, one of the leaders of the Janjaweed militia, and Ahmad Muhammad Harun, who rejoices in the title of minister of humanitarian affairs - with war crimes. The work of politicians, celebrities and journalists has at least produced a feeling for action - even if it has not produced action...."

ii. "ICC lost leverage in the Darfur case," by Wasil Ali (Sudan Tribune), 7 August 2007, http://www.sudantribune.com/spip.php?article23179?fromrss=1

"...The slow pace of the ICC has also been a poison pill to the Darfur case.
The
investigation took almost two years partly because the prosecutor decided not to go into Darfur and to look for witnesses outside Sudan. The judges took two months to take a decision on application by the prosecutor against Harun and Kushayb.

...The issue of getting Sudan's approval to deploying peacekeepers to Darfur overshadowed the ICC arrest warrants....The UNSC is definitely deserves a big share of the blame for 'not taking itself seriously' as the former UN representative to Sudan Jan Pronk put it.

Ocampo is now discreetly trying to rally world support to execute the arrest warrants. He has been paying visits to the EU, Arab League and UNSC permanent representatives. However given the current political climate that views the ICC as an obstacle to peace in Darfur, it is not likely that these visits will yield any results besides moral support.

...neither the UNSC nor Sudan will be of any help in nabbing those suspects and extraditing them to the ICC."

iii. "Darfur Crisis Blanks Out Many Unresolved Conflicts," by Zachary Ochieng, (East Africa News), 7 August 2007, http://allafrica.com/stories/200708070897.html

"...[I]implementation of the CPA's provisions on reforming the national government would go a long way towards addressing the common causes of conflict.
Most importantly, the 2009 national elections offer a peaceful mechanism for aggrieved communities.

...Admittedly, the Darfur conflict challenges the CPA on many levels. The Sudan Liberation Army (SLA) rebel group received military and political support from the SPLA/M in 2003-2004, and some SLA leaders had hoped to be included in the Naivasha negotiations.

The SPLM sought to open another front in Darfur in order to increase pressure on the NCP to negotiate in good faith, a strategy that spun out of control and was overtaken by a local, Darfurian agenda...The international community kept the focus of the Naivasha talks on the north-south conflict, rather than broadening participation.

...The NCP hoped it could quickly resolve the Darfur situation by military means, without having to resort to the kind of power-sharing and wealth-sharing deal it was making with the South. As the crisis worsened and international attention grew, it became clear that the Government of National Unity would have to make a deal with the Darfur movements.

One of the challenges for it and the African Union mediators then became how to negotiate a settlement that would satisfy Darfur's demands for a greater slice of power without upsetting the delicate balance the SPLM and NCP had negotiated in the CPA.

...Despite AU and UN optimism, there is every reason to expect the regime will continue to delay the actual deployment of a hybrid force. The NCP seeks to avoid political and security challenges by keeping the peacekeeping mission weak, underfunded, and frustrated. A more powerful and effective force might be able to help stabilise Darfur and create political space for its residents to unite behind a platform that would challenge the NCP in the 2009 elections.

A stable Darfur with an enforced ceasefire would also facilitate investigations into crimes by the International Criminal Court (ICC), something the regime also seeks to avoid."

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