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Sudan: Al-Hayat on ICC and Darfur; Deputy Chief of Justice

16 Feb 2007

Dear All,

Please find below information on recent developments related to the
International Criminal Court's investigation of Darfur, Sudan:

A. ARABIC MEDIA COVERAGE ON ICC and DARFUR: Al-Hayat (a major Arabic
newspaper) reports on remarks by the Government of Sudan about possible
arrest warrants, reiterating that it would not hand over any Sudanese
citizens to the ICC. The article refers to remarks by an ICC media
officer that the Office of the Prosecutor could request arrest warrants
by the end of February.

B. DEPTUY CHIEF OF JUSTICE: HIGH-RANKING OFFICIALS PROSECUTED:
Al-Sahafah reports that the Deputy Chief of Justice Muhammad Hamad
Abu-Sin has claimed that high officials are being prosecuted in Sudan
and that this information was shared with the ICC during its recent
mission to Khartoum.

C. US POSITION ON DARFUR and THE ICC:
(1) Voice of America reports that Congressman Chris Smith (R-NJ) has
said that the ICC should indict Sudanese leaders, and even Chinese
leaders. "My hope would be that these people would be held to account,"
Smith said. But US Special Envoy to Sudan Andrew Natsios stated that
issuing arrest warrants could have "unintended consequences," referring
to the balance between peace and justice.
(2) In a Floor Statement on Darfur, Senator Ben Cardin (D-MD) noted,
"The ICC and the UN are correct to pursue Sudanese government officials
and allied militias for war crimes. In the end, I believe they will find
empirical evidence to substantiate trials and convictions for many."
(3) Reporting on a Presidential determination waiving military aid
prohibitions to Chad, the Associated Press notes, "Under the agreement,
the ICC will not be authorized to take legal action against Americans on
Chadian soil. [...] The agreement comes amid increasing tensions between
Chad and Sudan." Chad reportedly signed a Bilateral Immunity Agreement
(BIA) on 21 July 2003.

D. 'WAGING PEACE' CALLS ON BLAIR TO BACK ARREST WARRANTS: In a press
release, Waging Peace warned that Prime Minister Tony Blair should not
continue giving British visas to leading members of the Sudanese regime
but should rather give full backing to pending ICC arrest warrants. The
statement notes, ""Now the Prime Minister must ensure that the ICC
report is promptly acted upon and that individuals indicted by the Court
be arrested and handed over."

E. OTHER RELATED ARTICLES:
(1) The Human Rights Council fact-finding mission suspended its planned
visit to Sudan because of Khartoum's refusal to grant visas. The
assessment is now being conducted from outside Sudan, including Chad.
(2) During the France-Africa Summit, which has focused on Darfur,
Sudanese President Omar al-Bashir again rejected a UN peacekeeping force
for Darfur.
(3) London-based Al-Sharq al-Awsat reports that Dr Hasan al-Turabi,
Secretary-General of the People's Congress Party, has stated "that the
lack of justice domestically has brought in the International [Criminal]
Court." Al-Turabi is the founder of the National Islamic Front, a former
ally of al-Bashir, who formed the People's Congress Party after breaking
relations with Bashir in 1999.

F. COLUMNS, EDITORIALS, and OPINIONS: a column in the Village Voice by
Nat Hentoff and an Opinion by Irwin Cotler in the Jerusalem Post.

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

**********************************************
A. ARABIC MEDIA COVERAGE ON ICC and DARFUR

[Please note this is an unofficial translation provided by the CICC
Secretariat as a service to our members, and should not be used for
quoting in any official documents.]

1. Al-Hayat, "Khartoum: 'Psychological war' is America's threatened
'Plan B' and 'political pressures' are behind the Court's charges," 16
February 2007
http://www.daralhayat.com/arab_news/nafrica_news/02-2007/Item-20070215-c
6b9683d-c0a8-10ed-01a4-77df1972b73f/story.html (Arabic only)

"[...] Yesterday, Khartoum belittled US Presidential envoy to Sudan
Andrew Natsios' warnings of increased US pressure regarding Darfur and
said that the ICC's charges at the end of this month against those
individuals involved in crimes in Darfur are coming within a framework
of political pressure. Khartoum emphasized once again its firm position
on refusing to hand over its citizens to the Court - "whatever the
price." [...]

In related news, the media officer at the ICC said that the Prosecutor
Luis Moreno Ocampo will announce, before the end of the month,
indictments for individuals involved in the crimes of Darfur. The
representative said that the list of charges include murder, torture,
rape, enslavement/persecution, destruction of property, and forcible
transfer, and concentrates on events that took place between 2003 and
2004.

But a Sudanese Presidential representative told Al-Hayat that [...] the
Court's announcement regarding directing charges against perpetrators of
crimes in Darfur is part of a framework of attacks against his
government. He emphasized that Khartoum was holding firm in its position
to not surrender any of its citizens to foreign trials and underscored
that the government of Sudan had created courts that had found
officials-including high level officers from the security and military
forces-guilty of committing violations in Darfur. He also said that
these courts created in Sudan would not grant any immunity to anyone
found guilty, regardless of their position. [...]"

**********************************************
B. DEPTUY CHIEF OF JUSTICE: HIGH-RANKING OFFICIALS PROSECUTED

1. Al-Sahafah (Sudan), "Military Leaders Tried for Involvement in
Sudan's Darfur Crisis," 13 February 2007
(link not available)

"The deputy chief of justice Muhammad Hamad Abu-Sin has revealed that
high ranking officials involved in the Darfur crisis, including high
ranking military and security leaders, have received judicial sentences.

Abu-Sin, who was addressing the inauguration ceremony of the courts
compound in Al-Qadarif [eastern Sudan] said details of these state
officials' trials had been seen by the International Criminal Court
delegation that visited the country recently. However, Abu-Sin refused
to give details on how many people were tried, their positions or
names."

**********************************************
C. US POSITION ON DARFUR and THE ICC

1. Voice of America, Darren Taylor, "US Officials Condemn Mistreatment
of Aid Workers by Sudanese Authorities in Darfur," 14 February 2007
http://www.voanews.com/english/Africa/2007-02-14-voa37.cfm

"US members of Congress and administration policy makers are criticizing
the behavior of Sudan's police forces against aid workers. [...]

Congressman Chris Smith, who has visited Darfur on a number of
occasions, says the International Criminal Court should indict Sudan's
leaders - and their political and economic allies - for war crimes.
Smith went so far as to call for the targeting of Chinese leaders,
contending that China had fomented the conflict by supporting the
Sudanese administration through mass purchase of its oil, heavy
investment in Sudan's fuel industry and by supplying weapons to
Khartoum's army. "My hope would be that these people would be held to
account. And frankly I would hope it would go even further; that those
that have been complicit in making this happen - and that would include
Chinese intermediaries (would also be held to account). The oil is
providing the means, the weapons and the funding to make first the
slaughter in the south and now the slaughter and genocide in the north
possible," Smith contended.

But [US Special Envoy to Sudan] Natsios was wary of a move so extreme as
the issuing of war crimes indictments, saying such a development could
have "unintended consequences". "The Sudanese government is very worried
that the purpose of the UN troops going into Darfur is to arrest them
for war crimes trials, which is one reason that they are resisting the
UN going there. It seems to me the question is: justice or peace; which
is more important right now?" Natsios asked, before stressing: "For me,
personally ? Peace is most important. Because the war crimes trials are
not going to help the people in those camps."

Natsios was certain that indictments would "complicate" efforts to reach
a peace agreement. But some US political leaders, such as Jackson Lee,
were of the opinion that the ongoing talks aimed at ending the tragedy
of Darfur were fast being exhausted, and that "different methods" should
soon be followed to pressure the Khartoum government into ending the
violence."

2. Senator Ben Cardin (D-MD), Floor Statement on Darfur, 14 February
2007
http://cardin.senate.gov/record.cfm?id=269282&&

"[...] Without question, UN Resolution 1706 caused concern and then foot
dragging by the Khartoum government. Khartoum is wary of a robust UN
troop presence on its soil for two reasons. First, it fears the
investigators from the International Criminal Court (ICC) who will have
greater latitude under a U.N. presence. Second, it fears the presence of
the U.N. will force them to follow through on the oil revenue sharing
agreement with the southern Sudanese

Khartoum views a UN presence as a surrender of sovereignty. However,
what it really fears is the ICC investigators being able to gather
evidence within its borders. Since the ICC accepted the responsibility
of looking into genocide in Sudan, Khartoum has maneuvered mightily to
keep its investigators away out of the country.

The ICC and the UN are correct to pursue Sudanese government officials
and allied militias for war crimes. In the end, I believe they will find
empirical evidence to substantiate trials and convictions for many.
Sudan's President Omar al-Bashir has resisted the UN force since its
inception. As he has done repeatedly throughout the Darfur crisis, the
he commits and later reneges on commitments and pledges of cooperation
in Darfur. For this reason, former U.N. General Secretary, Kofi Annan,
gave us a viable Plan A to implement the U.N. force in Sudan. [...]"

3. Associated Press (via International Herald Tribune), "U.S., Chad move
toward closer military ties," 15 February 2007
http://www.iht.com/articles/ap/2007/02/15/america/NA-GEN-US-Chad.php

"The United States has reached an agreement with Chad that opens the way
for grant military transfers to that country along with surplus U.S.
defense equipment.

Chad had been barred from receiving such transfers. The prohibition
applies to countries unwilling to exempt Americans from possible
International Criminal Court prosecutions.

Under the agreement, the ICC will not be authorized to take legal action
against Americans on Chadian soil.

Chad's changed status was disclosed Thursday in a note from President
George W. Bush to Secretary of State Condoleezza Rice.

The agreement comes amid increasing tensions between Chad and Sudan.

Sudan has rejected allegations it is backing cross-border attacks by
insurgents from Chad and the Central African Republic. Sudan says Chad
and the CAR support rebels in Darfur."

Related Information:
- Memorandum for the Secretary of State, "Presidential Determination on
Waiving Prohibition on United States Military Assistance With Respect to
Chad," 15 February 2007:
http://www.whitehouse.gov/news/releases/2007/02/20070215-3.html

**********************************************
D. 'WAGING PEACE' CALLS ON BLAIR TO BACK ARREST WARRANTS

1. Waging Peace, Press Release, "Blair under pressure on Darfur
charges," 15 February 2007
http://www.sudantribune.com/spip.php?article20270

"Prime Minister Tony Blair has been warned he must not continue giving
British visas to leading members of the Sudanese regime implicated in
the genocide in Darfur. The human rights group Waging Peace is calling
on Tony Blair to give his full backing to criminal indictments due to be
handed down by the International Criminal Court (ICC) within days. The
ICC will release the names of persons accused of crimes against humanity
and war crimes committed in the past four years in Darfur. [...]

Waging Peace and other human rights groups are calling for tougher
measures to be taken against the masterminds of the ongoing crisis in
Darfur in which an estimated 300,000-400,000 civilians have died. Waging
Peace director Louise Roland-Gosselin says the international community
has failed to apply genuine pressure on the Sudanese regime and hold it
accountable to its obligations under the Darfur Peace Agreement and
other agreements and resolutions.

"In the past four years, the Sudanese Government has indiscriminately
attacked civilians, bombed villages, paid and supplied the Arab
Janjaweed militias and displaced an estimated 2.5 million civilians in
Darfur. However, these continued violations have gone unpunished by the
international community".

In a letter to the Prime Minister the campaign group has called on Tony
Blair to back the forthcoming ICC indictments and to ensure UN
resolutions against the perpetrators of the genocide in Darfur are
enforced. [...]

"Tony Blair has frequently expressed his outrage at
Government-perpetrated atrocities against civilians in Darfur," says
Waging Peace's Roland-Gosselin. "Now the Prime Minister must ensure that
the ICC report is promptly acted upon and that individuals indicted by
the Court be arrested and handed over. His government must also support
tougher international action to disrupt Sudanese financial institutions,
charities and companies that fund the ongoing slaughter in Darfur".
[...]"

**********************************************
E. OTHER RELATED ARTICLES

1. Associated Press, "U.N. Team Halts Planned Darfur Visit," 15 February
2007
http://www.nytimes.com/aponline/world/AP-Sudan-UN.html

"A U.N. human rights mission said Wednesday it had halted a planned
visit to assess alleged atrocities in Sudan's troubled Darfur region
because Khartoum had failed to give them visas. U.N. human rights
spokesman Jose Luis Diaz said the 14-member team could not "wait
indefinitely" for visas to enter the country to carry out its
assessment.

Mission leader and Nobel Peace Laureate Jody Williams said the
assessment would still go ahead, albeit from outside the country, and a
report will be presented to the Geneva-based human rights council. "The
mission will proceed and collect all relevant information from locations
outside the country," said Williams from the Ethiopian capital, Addis
Ababa, where the team has been waiting since Feb. 11 to proceed to
Sudan. [...]

The human rights team is scheduled to travel back to Geneva on Feb. 21
and their report will make recommendations on actions to be taken over
abuses in Darfur. The International Criminal Court in The Hague, which
is already investigating suspected war crimes in the region, could then
take action."

2. Mail and Guardian (South Africa), "Sudan rejects UN peace mission,"
16 February 2007
http://www.mg.co.za/articlePage.aspx?articleid=299240&area=/breaking_new
s/breaking_news__africa/

"Sudanese President Omar al-Bashir on Friday rejected a United Nations
peace force for Darfur and said he would not grant visas to UN rights
monitors who want to visit the strife-torn region. Bashir said an
international force in Darfur would remain under the aegis of the
African Union and that the UN would be confined to a "technical and
logistics role". He also said that the Geneva-based UN Human Rights
Council, led by Nobel peace laureate and anti-landmines campaigner Jody
Williams, would not be allowed to travel to Darfur because its members
were biased. [...]"

Other Related Articles:
- Reuters, "Darfur rebels to respect ceasefire, attend talks," 15
February 2007: http://www.alertnet.org/thenews/newsdesk/L15785727.htm
- Reuters, "All eyes on Darfur talks at France-Africa summit," 15
February 2007:
http://www.washingtonpost.com/wp-dyn/content/article/2007/02/15/AR200702
1500217.html
- UN News Service, "Lacking visas, UN mission on Darfur to carry out
work without visit to Sudan," 14 February 2007:
http://www.un.org/apps/news/story.asp?NewsID=21570&Cr=sudan&Cr1=
- Reuters, Opheera McDoom, "Sudan blocks UN human rights mission over
envoy," 12 February 2007:
http://www.washingtonpost.com/wp-dyn/content/article/2007/02/12/AR200702
1200458_pf.html

3. Al-Sharq al-Awsat (London), "Islamist leader Turabi calls for
uprising against Sudanese president," 12 February 2007
(link not available)

"Dr Hasan al-Turabi, the secretary-general of the Popular Congress
Party, has accused the Sudanese government of total corruption. He
described conditions in the Darfur Province as horrible. He denied at
the Khartoum Governorate conference by his party that the scurry by the
international community toward the Darfur Province was motivated by
foreign ambitions. [...]

He expressed dismay at the deteriorating conditions in Darfur where he
said there were "humanitarian sins". Al-Turabi said any dialogue with
the National Congress must be based on traditions and principles. He
said that the lack of justice domestically has brought in the
International [Criminal] Court, adding that some influential persons
fear they will meet the same fate as Serbia's rulers.

He made redressing this situation contingent on reconciliation among the
Sudanese. "Reconciliation among the people of Sudan can be revived and
this can supersede international courts", he said. [...]"

**********************************************
F. COLUMNS, EDITORIALS, and OPINIONS

1. The Village Voice, Nat Hentoff, "China: Partner in Genocide; African
Union humiliates Sudan, but doesn't stop rapes and murders in Darfur,"
12 February 2007
http://www.villagevoice.com/news/0707,hentoff,75771,2.html

"Bashir [...] also has little to fear from the International Criminal
Court, which is slowly gathering evidence against the perpetrators of
the genocide. On January 29, the ICC's chief prosecutor, Luis
Moreno-Ocampo, said he will not be able to submit his first criminal
case to the court until yet another of his investigative teams finishes
its current work in Darfur-including, if you can believe it, consulting
the al-Bashir government's own special criminal court and its own
investigations into any crimes committed. That's like asking Fidel
Castro to turn over the records of his kangaroo courts that have locked
up prisoners of conscience for decades. The present International
Criminal Court team in Darfur will be there-reports the invaluable Sudan
Tribune website-"for an indefinite period of time." The Janjaweed will
not be idle."

2. The Jerusalem Post, Opinion, Irwin Cotler, "Meltdown in Darfur - what
happened to 'Never Again'?," 6 February 2007
http://www.jpost.com/servlet/Satellite?cid=1170359788111&pagename=JPost%
2FJPArticle/ShowFull

"6. Those Sudanese officials responsible for the perpetration of war
crimes crimes against humanity and genocide must be brought to justice
before the International Criminal Court."

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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