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Darfur (Part II): Members' Media Statements on Prosecutor's Request

27 Feb 2007

Dear All,

As previously announced, on 27 February 2007, the Prosecutor of the
International Criminal Court (ICC) submitted an application from the
Prosecutor, to Pre-Trial Chamber I, requesting that the Chamber issue
summonses for Ahmad Muhammad Harun and Ali Muhammad Ali Abdal-Rahman
to appear before the Court for initial proceedings concerning the
situation in Darfur.

In addition to general information and resources previously
circulated on this development (Part I), please find below a digest
of CICC members' media statements (Part II), including (in
alphabetical order): Aegis Trust, Amnesty International,
International Federation for Human Rights (FIDH), Human Rights Watch,
International Crisis Group, No Peace Without Justice, and REDRESS.

The CICC Secretariat will continue to circulate members' media
statements as they become available. For media statements and
additional information, please visit: http://www.coalitionfortheicc.org/?
mod=darfur.

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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Aegis Trust, "Aegis calls for International Reward Fund to support
ICC indictments," 25 February 2007
http://www.aegistrust.org/index.php?
option=com_content&task=view&id=589&Itemid=88

"The Aegis Trust welcomes the International Criminal Court's chief
prosecutor's imminent indictment of some of those responsible for war
crimes and crimes against humanity in Darfur, expected within days.

In past instances of mass killings it has taken many years for the
perpetrators to be brought to justice. Twelve years on, the
genocidaires of Rwanda are still being tried in Rwanda's gacaca
courts and the International Tribunal in Arusha. Many of the war
criminals and genocidaires of the former Yugolslavia are still on the
run. However, the international community can learn from past
mistakes and introduce the following measures now in order to
maximise the chances of arrest and trial.

No peace without justice

Dr James Smith, Chief Executive of the Aegis Trust, stated: "In
Rwanda many victims and survivors never lived to see the perpetrators
caught and tried. The international community has a moral and legal
obligation to the people of Darfur to make sure that this doesn't
occur again.

"There will be those who argue that the indictments should be put to
one side in the interests of the struggling peace process in Darfur.
However, the Darfur crisis is the latest in a string of mass
atrocities committed by the Government of Sudan. Long term peace
will only be achieved in Sudan if perpetrators are brought to account
for their crimes against humanity."

Four-point recommendation

"That is why the Aegis Trust is calling for the establishment of an
international fund offering rewards for information leading to the
location and arrest of named Sudanese war criminals; the United
Nations Security Council to set a deadline for Sudan to hand over the
suspects or face international sanctions; states to arrest any
suspected war criminals travelling into their jurisdiction -
including government officials, there should be no immunity, even for
heads of state; and the UNSC to introduce targeted sanctions (asset
freezes and travel bans) against all suspects." […]"

****************************************************
Amnesty International, Public Statement, "Application for summonses
for two war crimes suspects a small but significant step towards
justice in Darfur," 27 February 2007
http://www.coalitionfortheicc.org/documents/AI_PR_Darfur_27feb07.pdf

"Amnesty International said that today's application by the
Prosecutor of the International Criminal Court (ICC) to issue
summonses to two people suspected of crimes against humanity and war
crimes in Darfur was a small but significant step towards securing
justice for the millions of victims of these crimes in Darfur. The
organization urged the Prosecutor to seek further summons or arrest
warrants as soon as possible.

Amnesty International also called on the UN Security Council to
demand that the government of Sudan not only arrest and surrender the
two suspects, if they do not appear voluntarily, but also to enact
and implement the necessary legislation to bring to justice all those
responsible for crimes against humanity and war crimes in Darfur.

Ahmad Harun and Ali Muhammad Ali Abdelrahman (aka Ali Kushayb) are
charged with war crimes and crimes against humanity including
killings, destruction of property, pillage, forcible transfer of
population, rapes, deprivation of liberty, torture, outrages upon
personal dignity and other inhumane acts. Ahmad Harun is the former
State Minister of Interior and Ali Muhammad Ali Abdelrahman is a
renowned Janjawid leader.

The warrant for Ahmed Harum is particularly significant as it marks
the first time the ICC has sought to prosecute a former government
official. It also reflects the links between the government and
Janjawid militia -- something the Sudanese government continues to
deny.

The application for the summonses for the two men comes a year and a
half after the opening of the investigation into crimes against
humanity and war crimes in Darfur. Until today, no prosecutor in
Sudan or elsewhere had made any serious attempt to investigate or
prosecute such crimes. Today's application illustrates the scale of
the challenge facing the international community in ensuring that the
thousands of people who have committed -- and are continuing to
commit -- such crimes in Darfur with complete impunity are brought to
justice and that the millions of victims and their families obtain
full reparations in the ICC, Sudanese national courts or the courts
of other states exercising universal jurisdiction.

The ICC Prosecutor has indicated that although he has the power under
the Rome Statute establishing the ICC to investigate and prosecute
anyone suspected of war crimes and crimes against humanity when
states are unable and unwilling to do so, he will only pursue "the
leaders who bear most responsibility for the crimes". It is clear
that there are many others in Sudan who fit this category against
whom sufficient admissible evidence can be obtained and that to
implement his policy he will need to seek many more summonses or
arrest warrants in the near future. Amnesty International welcomes
his commitment today to investigate other crimes which are continuing
in Darfur.

Although the Security Council required Sudan -- in Resolution 1593
(2005) -- to "cooperate fully with and provide any necessary
assistance to the Court", Sudan's Minister of Justice, Mohamed Ali al-
Mardi, is reported to have declared today that "[t]he ICC has no
jurisdiction to try any Sudanese" and that "[t]he Sudanese government
will not allow any Sudanese to be tried and punished outside the
national justice framework". The ICC has no police force with which
to execute warrants if suspects do not comply with summonses. It
relies on the willingness of the governments of the states where the
suspects are located or on peacekeeping operations, such as the
African Mission in Sudan (AMIS) of the African Union (AU), to arrest
them. However, the AU has refused for more than a year to sign a
cooperation agreement with the ICC to assist its investigations and
to surrender suspects.

With Sudan refusing to hand over the suspects the onus now lies on
the international community, including the AU, to give effect to the
ICC summonses if the suspects do not surrender. If the summonses (or
warrants) are issued without any follow up action, victims and their
families will continue to be denied justice and reparations. The
international community must act on the Sudan case not just for the
sake of bringing justice for the crimes in Darfur, but also to
safeguard the long-term effectiveness of the Court.

The scale of the crimes committed in Darfur is enormous. Over two
million people have been displaced, some 85,000 killed, and thousands
of women raped since the conflict began.

As the Security Council has already recognized in the case of Rwanda,
the responsibility to investigate and prosecute those suspected of
war crimes and crimes against humanity is a shared one. In addition
to requiring Sudan to play its part, the Security Council should also
call upon all other states to ensure that they do not become safe
havens for persons suspected of crimes against humanity and war
crimes in Darfur. All states should have the necessary legislation in
place to try suspected war criminals, and implement this legislation
whenever suspects are found in their territory. They should also be
willing to accept the transfer of cases from other jurisdictions
unable or unwilling to try them."

****************************************************
International Federation for Human Rights (FIDH), Press Release, "The
Prosecutor of the International Criminal Court requests judges to
summon two individuals allegedly responsible for crimes committed in
Darfur; The Government of Sudan must imperatively cooperate with the
Court, against impunity for crimes committed in Darfur," 27 January
2007
http://www.coalitionfortheicc.org/documents/FIDH__PR_Darfur_27feb07_eng.pdf

"The ICC Prosecutor Luis Moreno Ocampo has announced today that he
has gathered enough evidence to request that the Pre-Trial Chamber I
of the ICC delivers two summonses for Ahmad Muhammad Harun, former
Minister for the Interior of the Government of Sudan, and Ali
Muhammad Ali Abd-Al-Rahman, one of the commanders of the "Janjaweed"
militia allied to government's forces, to appear before the Court, in
connection with the conflict that has been ravaging the Darfur region
since 2003. The ICC Prosecutor has thus established the links between
the government in Khartoum and the "Janjaweed" militia, and proved
the responsibility of these two individuals in the perpetration of
summary executions, rapes, forced displacement of the population and
looting.

The International Federation for Human Rights (FIDH) and its
affiliated league in Sudan, the Sudanese Organisation against Torture
(SOAT), welcome today's major decision in the context of the long-
expected resolution of this regional crisis.

"By targeting important suspects, the Prosecutor sends a sign of hope
to the millions of victims of the deadly conflict that has been
ravaging the Western region of the country since February 2003",said
Sidiki Kaba, President of FIDH. "Bringing perpetrators of these
atrocious crimes to justice is essential in order to resolve this
major crisis", affirms SOAT.

The Sudanese Government must imperatively cooperate with the Court in
order to ensure the appearance of these individuals before the ICC.
In this regard, FIDH and SOAT have denounced the attitude of the
Sudanese Government, which yesterday rejected the ICC investigation
in Darfur. "The government has always questioned the legitimacy of
the ICC. The creation of the Special Criminal Court on the Events in
Darfur, right after the beginning of the ICC investigation, only
aimed at distracting the attention of the international community.
The Special Court has proved to be inadequate in holding those
responsible for crimes against humanity and war crimes accountable
and to ensure justice and reparation for the victims", insisted the
two organisations.

The ICC must imperatively receive the support of the Sudanese
Government to try these two persons allegedly responsible for the
crimes, and more broadly from all the States Parties to its Statute
in order to effectively conduct actions in Darfur.

Moreover, FIDH and SOAT welcome the public statement of the
Prosecutor regarding the fact that he is scrutinizing the situation
in Chad and Central African Republic.

FIDH and SOAT recommend that :
- The Government of Sudan fully cooperates with the Court, in order
to facilitate the investigation and prosecutions by the ICC,
including the transfer of Mr. Ahmad Muhammad Harun and Mr.Ali Abd-Al-
Rahman;
- All States Parties to the Court's Statute fully cooperate with it,
and in particular support the execution of the summons to appear;
- The Pre-Trial Chamber I rapidly renders a decision on the
Prosecutor's request;
- The Office of the Prosecutor carries on its investigations in order
to ensure that other high responsible for the atrocities committed in
the Western region of Sudan be targeted by investigations and
prosecutions."

****************************************************
Human Rights Watch, Press Release, "ICC Prosecutor Identifies First
Darfur Suspects; First ICC case on Darfur Brings Justice Closer for
Victims," 27 February 2007
(link not yet available)

"The International Criminal Court (ICC) prosecutor's case against two
Sudanese leaders for atrocities in Darfur is a first step in ending
the impunity associated with horrific crimes there, Human Rights
Watch said today. Earlier today, the ICC prosecutor asked Pre-Trial
Chamber I to issue summonses for two suspects to appear before the
court.

"The ICC prosecutor's request sends a signal to Khartoum
and `Janjaweed' militia leaders that ultimately they are not going to
get away with the unspeakable atrocities," said Richard Dicker,
director of Human Rights Watch's International Justice program. "We
urge the prosecutor to explain the significance of his action today
to the communities devastated by crimes in Darfur."

The prosecutor is seeking summonses for State Minister for
Humanitarian Affairs Ahmed Haroun and "Janjaweed" militia leader "Ali
Kosheib," (a pseudonym for Ali Mohammed Ali). According to
information previously collected by Human Rights Watch, Haroun is
believed to have participated in official meetings in Darfur where he
allegedly incited "Janjaweed" militia and army forces to attack
specific ethnic groups. "Ali Kosheib," according to research carried
out by Human Rights Watch, was one of the key leaders responsible for
attacks on villages around Mukjar, Bindisi, and Garsila in 2003-2004
in West Darfur. As a result of the government-militia coordinated
campaign in Darfur, civilians have suffered direct attacks from land
and air, including summary execution, rape, torture, forced
displacement on a massive scale, and the pillaging of their property.

In a December 2005 report entitled "Entrenching Impunity: Government
responsibility for international crimes in Darfur" Human Rights Watch
identified Haroun and "Ali Kosheib" as two of at least 22 individuals
bearing responsibility for international crimes committed in Darfur.

The prosecutor's request comes nearly two years after the Security
Council passed a resolution referring the Darfur situation to the ICC
for investigation. In June 2005, the prosecutor formally opened an
investigation into crimes committed in Darfur.

The ICC's Pre-Trial Chamber must now review the information submitted
by the prosecutor to determine whether to grant the request. If the
Pre-Trial Chamber judges are satisfied that there are "reasonable
grounds to believe" that the persons have committed the crimes
alleged and that summonses are "sufficient to ensure" that they
appear before the court, they will issue the summonses.

"So far we haven't seen any willingness from Sudanese officials and
Janjaweed leaders to appear before this court and we are hard pressed
to believe a summons will bring these two men to The Hague," said
Richard Dicker. "We will have to look carefully at the prosecutor's
explanation for seeking summonses rather than arrest warrants."

Human Rights Watch also urged the ICC prosecutor to continue his
investigation and investigate others responsible for the most serious
atrocities in Darfur, including those in the military and highest
echelons of power in Sudan.

"Officials at the highest levels of the Sudanese government are
responsible for widespread and systematic abuses in Darfur," said
Dicker. "While the individuals identified today are important, the
ICC prosecutor should move up the chain of command to target those
senior Sudanese government and military officials responsible for the
most serious crimes in Darfur."

Full cooperation by the Sudanese authorities will be essential for
the continuation of the ICC's investigations in Darfur, Human Rights
Watch said. Cooperation includes granting ICC officials entry into
Darfur and facilitating ICC access to documents, physical evidence
and witnesses. It also includes protecting victims and witnesses who
provide information to the ICC from any harassment, threats, and acts
of intimidation or ill-treatment based on their cooperation with the
ICC. […]"

****************************************************
International Crisis Group, Media Release, "Darfur: International
Criminal Court Prosecutions Welcomed, Those Responsible Warned," 27
February 2007
http://www.crisisgroup.org/home/index.cfm?id=4676&l=1&m=1

"The International Crisis Group welcomes today's application by the
Prosecutor of the International Criminal Court to start proceedings
against the Sudanese State Minister for Humanitarian Affairs, Ahmad
Muhammad Harun, and the militia/Janjaweed commander, Ali Kushayb, for
war crimes and crimes against humanity committed in West Darfur in
2003-2004. It is essential that those responsible for the atrocities
in Darfur be held accountable.

"It is particularly important that the Prosecutor is proceeding
against a senior minister in the Khartoum government", says Nick
Grono, Vice-President (Advocacy and Operations) of Crisis
Group. "This is the first ICC prosecution of a government official,
and it is a clear indication that the Government of Sudan – at senior
levels – has played the central role in planning and carrying out the
atrocities in Darfur".

If and when arrest warrants are issued by the court, the Government
of Sudan must comply and engage in the legal process. It also must
ensure protection of victims and potential witnesses.

The international community must continue to provide strong support
for the ICC. In particular, it must ensure that the Government of
Sudan complies with the legal process and provides protection to
victims and witnesses.

"The clear message from these prosecutions is that the world is
watching, and the high and mighty are not immune", said Crisis Group
President Gareth Evans. "Those who commit atrocities in Darfur or
anywhere else are on notice that they will be held accountable"."

****************************************************
No Peace Without Justice, "First step towards justice for the people
of Darfur," 27 February 2007
http://www.npwj.org/2007/02/27/first_step_towards_justice_people_darfu
r_npwj

"In a historic move, the Prosecutor of the International Criminal
Court today presented evidence to the Pre-Trial Chamber of the ICC,
requesting that summons to appear be issued for two individuals
alleged to bear criminal responsibility for crimes committed in
Darfur. No Peace Without Justice welcomes this signal of the
determination of the ICC and the international community to end
impunity and to respond to the cries for justice from the people of
Darfur through the broad range of charges alleged in the Prosecutor's
application, including murder, forcible transfer of a population,
persecution and rape.

NPWJ calls on the Prosecutor to continue his investigations not
simply into those who committed the crimes, but into those at the top
of the chain of command, who are responsible for the instigation and
planning of policies and campaigns involving large-scale violations
of international criminal law: those are the persons who bear the
greatest responsibility for the crimes committed in Darfur.

NPWJ urges the Sudanese authorities to cooperate fully with the ICC
and ensure the presence of those individuals summoned to appear
before the ICC. The Government of Sudan at the Fifth Assembly of
States Parties of the International Criminal Court, in December 2006,
stated that it had "begun an intensive process of consultation and
cooperation with the Court". This is the time to prove that statement
in practice. NPWJ further urges the Sudanese authorities to make good
on its promises to have national trials for the crimes committed in
Darfur.

The International Criminal Court is founded on the principle of
complementarity: if Sudan proves actually willing and able to
undertake its own fair and effective investigations and prosecutions,
action by the ICC will become unnecessary.

Most of all, there is a pressing need for the people of Darfur, as
the victims of these horrendous crimes, to be informed and engaged in
the work being undertaken in their name. Since 2005, the
International Criminal Court has promised to engage communities in
Darfur in a process of constructive interaction with the Court,
designed to promote understanding and support for its mandate, to
manage expectations and to enable those communities to follow and
understand the international criminal justice process: NPWJ calls on
all organs of the ICC to keep this promise."

****************************************************
REDRESS, Press Statement, "ICC Prosecutor Initiates Darfur Cases," 27
February 2007
http://www.redress.org/news/ICC Prosecutor Initiates Darfur%
20Cases 27-2-2007.pdf
(Arabic Translation: http://www.redress.org/news/ICC Prosecutor%
20Initiates Darfur Case
s_Ar 27-2-2007.PDF)

"Today Mr. Luis Moreno-Ocampo, Prosecutor of the International
Criminal Court (ICC), will take evidence to the Court's Pre-Trial
Chamber detailing widespread attacks and crimes committed against the
civilian population in Darfur.

"This is a historic step - it brings the court to life in Darfur and
is a vital acknowledgement of the heinousness of the crimes. Victims
have been waiting for progress since the investigation was opened on
6 June 2005", says Lutz Oette, REDRESS' Advisor on Sudan.

"The International Community has a responsibility to collaborate with
the Court to ensure that indictees are transferred to the Court and
victims and witnesses are protected from reprisals."

Actors on the ground say that the Court should be providing more
information in Arabic and should have a more visible presence within
Sudan. This would help to prevent mis-information about the Court and
allay the concerns of victims and witnesses to cooperate with the
Office of the Prosecutor. Also, victims have a right to participate
in the proceedings and claim reparations, but there is too little
information about how they can exercise their rights.

The ICC won't resonate with victims unless it is made tangible.
Today's step by the Prosecutor is so important but it must be
followed up with concrete actions in Sudan.

REDRESS is launching "A Guide to the International Criminal Court in
Sudan", in March. The Guide was developed in close collaboration with
Sudanese partners responding to requests for more information about
the Court's work in the Sudanese Context.

REDRESS calls upon the Prosecutor to continue his investigation,
ensuring coverage of a representative range of crimes, including
killings, rape and torture. The Prosecutor should not shy away from
investigating higher echelons of command responsibility.

REDRESS calls upon all States to cooperate with the ICC in carrying
out arrests and in affording protection to victims and witnesses at
risk. […]"

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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