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Darfur (Part III): Media Coverage of Prosecutor's Request for Summon

27 Feb 2007

Dear All,

Please find below a digest of media coverage (Part III) on the ICC
Prosecutor's submission of an application 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:

A. GENERAL MEDIA COVERAGE: Articles by Reuters, the Associated
Presse, Agence France Presse, and BBC News report on the Prosecutor's
submission of evidence and request for summonses in the Darfur
situation, providing an overview of the submitted evidence and
charges against the Sudanese suspects, comments made by the
Prosecutor during a press briefing, reactions by NGOs and others
(including UN Human Rights Commissioner Louise Arbour), and next
steps in the legal process.

B. SUDANESE GOVERNMENT REJECTS ICC JURISDICTION: Shortly following
the ICC's announcement, Justice Minister Mohamed Ali al-Mardi
reiterated the Sudanese government's position that "The court has no
jurisdiction to try any Sudanese for any alleged crimes" from any
side of the conflict. The Minister also dismissed the ICC's evidence,
stating, "All the evidence the prosecutor referred to is lies." Mardi
said both of the men named as suspects by the ICC had already been
questioned by Khartoum, that Kushayb has been in Sudanese custody
since November, and that there was no basis to charge Harun.

Last week, Republic of Sudan Radio reported that National Defense
Minister, Maj-Gen Abd-al-Rahim Muhammad Husayn, had also rejected the
possibility of handing over any Sudanese citizens.

C. REACTIONS BY SUDAN REBEL GROUPS AND POPULATION
(1) Agence France Presse reports that the National Redemption Front
and the Greater Sudan Liberation Movement have both welcomed the ICC
announcement and are willing to provide documents to the ICC. Neither
of these groups recognize the May 2006 peace agreement.
(2) Al-Watan reports that the Sudan Liberation Movement (led by Minni
Minnawi) would prefer trials to take place in Darfur if they were
fair and unbiased. Nevertheless, the SLM indicated it was willing to
cooperate with the ICC, with one representative noting, "any
individual in the movement who is accused must hand themselves over
and prove their innocence in front of the judiciary whether this is
inside or outside Sudan."
(3) Voice of America quotes several Darfuris from IDP camps, noting
that Darfuris are calling for justice but demand that Sudanese
President Omar al-Bashir also be tried.

D. LINKS TO INFORMATION ON DARFUR SUSPECTS: The Associated Press and
Reuters provide background information on both suspects.

E. COMMENTARIES AND ANALYSES: (1) a commentary by a Sudanese writer
argues that the Sudanese government should look at the possible
consequences of rejecting cooperation with the ICC before refusing to
hand over any suspects; (2) an analysis by Deutsche Presse Agentur
argues that "while the move is a blow to Sudan's record of impunity
in its war-torn region, the legal step is a long way from solving the
crisis there."

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. GENERAL MEDIA COVERAGE

1. Reuters, Emma Thomasson, "ICC names first war crimes suspects in
Darfur," 27 February 2007
http://www.reuters.com/article/worldNews/idUSTHO66362720070227?
src=022707_1551_TOPSTORY_darfur_war_crimes_suspects_named

"The International Criminal Court chief prosecutor named a Sudanese
minister and a militia commander on Tuesday as the first suspects he
wants tried for war crimes in Darfur and suggested more could follow.
Chief prosecutor Luis Moreno-Ocampo asked pre-trial judges to issue
summonses for Ahmed Haroun, state interior minister during the height
of the Darfur conflict, and militia commander Ali Muhammad Ali Abd-al-
Rahman, also known as Ali Kushayb. "Our work sends a signal: those
who commit atrocities cannot do so without impunity," he told a news
conference.

Moreno-Ocampo accused the pro-government Janjaweed militia and the
Sudanese army of targeting civilian populations they believed
supported rebel forces who took up arms in 2003 against the Khartoum
government, charging it with neglect. Haroun is currently Sudan's
state humanitarian affairs minister, a post below the full
ministerial level. Prosecutors said he conspired with Kushayb,
allegedly a Janjaweed commander who led attacks on towns and villages
where dozens were killed. In a 94-page filing, ICC prosecutors
accused the two of criminal responsibility in relation to 51 counts
of alleged crimes against humanity and war crimes in 2003 and 2004,
and urged Khartoum to make sure the suspects appear at the court. […]

Human rights groups welcomed the ICC move, particularly as it
targeted a minister, the first government figure the ICC has named as
a suspect after focusing on rebel leaders in other investigations
into Uganda and the Democratic Republic of Congo.

U.N. human rights commissioner Louise Arbour, whose office has
accused Khartoum of systematically failing to protect civilians and
bring those responsible to justice, said she hoped the move would be
a "strong deterrent" against more bloodshed. She said she expected
more charges would be brought against high level officials from both
the government and rebel side.

Former Darfur rebels also welcomed the ICC action. "This process of
bringing the people who perpetrated crimes in Darfur to justice ...
is a historic moment for us and for our families in Darfur," said Al-
Tayyib Khamis, spokesman for the only rebel group to sign a 2006
peace deal with the government.

Moreno-Ocampo said investigations were continuing and noted his
office was monitoring the spill-over of violence from Darfur into
Chad and the Central African Republic. […]

The prosecutor said the evidence collected showed Haroun funded the
Janjaweed from an unlimited budget that was not publicly audited and
was seen personally delivering arms, ammunition and well-guarded
boxes to the militia in Darfur. He said Kushayb was seen giving
orders to the Janjaweed, personally inspecting a group of naked women
before they were raped by men in military uniforms and personally
participating in summary executions, one involving at least 32 men.
Haroun's office said he was in Jordan this week for medical treatment
but would be returning to Sudan shortly. Sudan said Kushayb had been
in Sudanese custody since November and was under investigation for
actions in Darfur. […]

Moreno-Ocampo said prosecutors had taken into account Sudan's Darfur
investigations, including into Kushayb's activities, but said their
case was still admissible because it encompassed more extensive
allegations. He said it could take several months for the ICC judges
to decide on whether to issue summons or arrest warrants. […] The
charges against the two suspects do not include genocide, but Moreno-
Ocampo said he could not rule out that this might be included in
future investigations. […]"

2. Associated Press (via ABC News), Mike Corder, "Suspect Named in
Darfur War Crimes Case," 27 February 2007
http://abcnews.go.com/International/wireStory?id=2907303

"The International Criminal Court's prosecutor on Tuesday named a
Sudanese government minister close to the president and a militia
leader as suspects in war crimes and crimes against humanity in the
country's Darfur region. […]

Harun and the militia leader, also known as Ali Kushayb, were part of
conspiracy to "persecute civilians they associated with rebels."
Their methods were "indiscriminate attacks against the civilian
population, murder, rape, inhumane acts, cruel treatment, unlawful
imprisonment, pillaging, forcible transfer and destruction of
property," said the prosecution document, seeking a judicial order
for the men to be handed over to the Hague-based court.
Harun, who now holds the post of minister of state for humanitarian
affairs, recruited janjaweed knowing they would commit crimes against
civilians, Moreno-Ocampo said in a 94-page document filed with the
court's judges. The prosecutor called Kushayb a "colonel of colonels"
in charge of thousands of janjaweed fighters. […]

"A widely reported characteristic of the armed conflict in Darfur is
the great majority of civilian deaths" in the villages attacked by
the janjaweed, sometimes together with Sudanese armed forces,
prosecutors said. While the prosecution document is not an
indictment, it does say that there are "reasonable grounds to
believe" that Harun and Kushayb "bear criminal responsibility" for
the offenses including murder, rape, torture and persecution.

New York-based Human Rights Watch welcomed the evidence, but said
more suspects should be identified. "We hope to see more and we
certainly encourage the prosecutor to continue investigations and go
higher up the chain of command," said Geraldine Mattioli of Human
Rights Watch. […]

Prosecutors said the offenses occurred in four villages.
The "janjaweed did not target any rebel presence within these
particular towns and villages. Rather, they attacked these towns and
villages based on the rationale that the tens of thousands of
civilian residents in and near these towns and villages were
supporters of the rebel militia." The strategy "became the
justification for the mass murder, summary execution, and mass rape
of civilians who were known not to be participants in any armed
conflict," prosecutors said. "Application of the strategy also called
for, and achieved the forced displacement of entire villages and
communities." […]

Moreno-Ocampo said Sudanese investigators told him Kushayb had been
arrested last November. Sudanese authorities described him as
a "police assistant," and said he was in the custody of his own
superiors for investigation into five attacks in which hundreds of
people were killed. The incidents were not the same as those being
probed by the ICC, he said.
No charges had been brought against him, the prosecutor said."

3. Agence France Presse, Stephanie van den Berg, "International court
names first Darfur war crimes suspects," 27 February 2007
http://news.yahoo.com/s/afp/20070227/wl_afp/sudandarfurunresticc_07022
7190459

"Prosecutors at the International Criminal Court on Tuesday named a
Sudanese minister and a Janjaweed militia leader as the first
suspects they want to try for war crimes in the Darfur conflict.
[…] "Based on the evidence the prosecution collected we consider Ali
Kosheib and Ahmed Haroun to be some of those most responsible for
crimes committed in Darfur," Moreno-Ocampo told a press conference.
[…]

Moreno-Ocampo stressed that the case, which has been referred to the
court by the UN Security Council, is admissible here because the
Sudanese justice system was not investigating the same incidents or
alleged crimes. […]

The Human Rights Watch group said the naming of the Darfur suspects
sent a signal to Khartoum and Janjaweed militia leaders
that "ultimately they are not going to get away with the unspeakable
atrocities". […]

Moreno-Ocampo would not say if his Darfur investigation could also
target more senior Sudanese political and military officials, but
stressed his office was continuing to gather evidence.

According to ICC prosecutors, Haroun recruited, funded and armed the
Janjaweed "that would ultimately number in the tens thousands." They
cited the minister as saying at a public meeting that he had been
given "all the power ... to kill or forgive whoever in Darfur".

The International Crisis Group think-tank, dedicated to preventing
deadly conflict, stressed the importance of the evidence presented
against Haroun. "It is a clear indication that the government of
Sudan, at senior levels, has played a central role in planning and
carrying out the atrocities in Darfur," Nick Grono of the Crisis
Group said. […]

When asked if the evidence he presented could lead to future genocide
charges, Moreno-Ocampo said there was currently "enough evidence for
the crimes identified". "(But) we are not dismissing something else,"
he stressed. […]"

4. BBC News, Jonah Fisher, "ICC claims further isolate Sudan," 27
February 2007
http://news.bbc.co.uk/2/hi/africa/6401607.stm

"No-one had expected the International Criminal Court (ICC) to be
quite as bold. In naming Ahmed Haroun, a government minister, as a
war crimes suspect the ICC has transformed a long-running
disagreement with Khartoum into a head-on collision. For four years
the Sudanese government has denied backing the Janjaweed militia. But
the message from ICC prosecutor Luis Moreno-Ocampo is clear. He has
evidence that Darfur's worst atrocities were orchestrated by the
Sudanese government through Mr Haroun and not the actions of rogue
Arab militia. As the minister responsible for the Darfur portfolio in
2003 and 2004 Mr Haroun was regularly in Darfur. […]

As minister of state at the ministry of humanitarian affairs Mr
Haroun is now part of a department that is supposed to help Darfur's
two million war displaced. Luis Moreno Ocampo's report is the result
of 21 months of research In practice the ministry infuriates Sudan's
many aid agencies by imposing visa and permit restrictions on their
work.

The other man named is Darfur militia leader Ali Kushayb. At the peak
of his powers Ali Kushayb was one of the most powerful of Darfur's
commanders. A so-called "colonel of colonels", Mr Kushayb commanded
thousands of men in mid-2003. According to the ICC, Mr Kushayb
ordered his men to mass rape, kill and torture the local population.
[…] Mr Kushayb is thought to already be in the custody of the
Sudanese government for attacks committed in Darfur but Mr Moreno-
Ocampo said his evidence related to different incidents.

Despite numerous reports of human rights abuses committed by Darfur's
rebel movements none of their leaders were named by Mr Moreno-Ocampo.
For the Sudanese government that will be seen as further confirmation
of the one-sided attitude that they believe the international
community has taken to the conflict. […]

There is little prospect of either Ahmad Haroun or Ali Kushayb
appearing in court soon. Sudan has always maintained that its own
courts are capable of trying Darfur's war criminals. "We would never
accept that any Sudanese national stand trial outside the national
legal framework," Justice Minister Ali al-Mardi said, "even if he was
among those who took up arms and fought against the government." Mr
al-Mardi dismissed the allegations against his fellow minister. He
said that Mr Haroun had been in charge of the police service and had
never handed out money or weapons to the militia in Darfur. […]

By linking the government directly to Darfur's worst atrocities, ICC
prosecutors may have finally shattered Sudan's fragile relationship
with the international community. Aid agencies and UN operations are
already assessing what Mr Moreno-Ocampo's words mean for their safety
of their operations."

Other Related Articles:
- UN News Service, "International Criminal Court names first war
crimes suspects in Darfur," 27 February 2007:
http://www.un.org/apps/news/story.asp?NewsID=21692&Cr=darfur&Cr1=
- UPI, "First two Darfur war crimes suspects named," 27 February
2007:
http://www.upi.com/NewsTrack/First_two_Darfur_war_crimes_suspects_name
d/Top_News/20070227-093656-2885r

****************************************************
B. SUDANESE GOVERNMENT REJECTS ICC JURISDICTION

1. Reuters, Aziz El-Kaissouni, "Sudan rejects ICC jurisdiction, says
one suspect held," 27 February 2007
http://www.reuters.com/article/idUSL2735441220070227

"Sudan said on Tuesday the International Criminal Court had no
jurisdiction to try its citizens for crimes in Darfur, and said one
of the two ICC suspects named has been in custody in Khartoum for
months. Sudan's justice minister, speaking shortly after the ICC
named the first two suspects it wants tried for war crimes in Darfur,
also dismissed the court's evidence as lies concocted by those
fighting the state.

"The court has no jurisdiction to try any Sudanese for any alleged
crimes," Justice Minister Mohamed Ali al-Mardi told a news conference
in Khartoum. "(Our) stance is not limited to those who fight on the
government's side but applies to all Sudanese, including those who
still bear arms and fight the government. They are Sudanese, and we
will not let them be tried by any court outside Sudan." […] "All the
evidence the prosecutor referred to is lies given to him by people
who bear arms against the state, bear arms against citizens and kill
innocent citizens in Darfur," Mardi said. […]

Mardi said both of the men named as suspects by the ICC had already
been questioned by Khartoum, and Kushayb has been in Sudanese custody
since November on suspicion of violating Sudanese laws and was under
investigation for actions in Darfur. But Mardi also denied that
Kushayb was part of the pro-government Janjaweed, which U.N. and
African Union observers blame for the worst atrocities in
Darfur. "Ali Kushayb, along with two other individuals, was sent for
trial. ... He was detained as a suspect, questioned, his statements
were evaluated and witness statements recorded, and then the decision
was taken to refer him to court," Mardi said. "Ali Kushayb remains
detained on the charges he faces. He is not free."

Sudanese media have reported that Khartoum would put a number of
people on trial next week, including military personnel and
paramilitary troops, for alleged involvement in attacks in Darfur. […]

But Mardi said there was no basis to charge Haroun, based on Haroun's
statements and witness testimony. Haroun's office said he was in
Jordan for medical treatment, but would be returning to Sudan
shortly. […]"

2. Associated Press (via International Herald Tribune), Mohamed
Osman, "Sudan rejects ICC war-crime allegations against two
Sudanese," 27 February 2007
http://www.iht.com/articles/ap/2007/02/27/africa/ME-GEN-Sudan-Darfur-
ICC.php

"Sudan Sudan's justice minister rejected on Tuesday the International
Criminal Court's allegations against a current minister of state and
a militia leader accused of war crimes in Darfur, saying they would
not be handed over for trial. […] "We are not concerned with, nor do
we accept, what the International Criminal Court prosecutor has opted
for," Justice Minister Mohammed Ali al-Mardi told The Associated
Press. "Our position (on handing over any indictees) remains the
same," Al-Mardi said. […]

Harun was not available for comment Tuesday. A member of the family
at his home said he was out of Sudan and expected to return
Wednesday. […]

Stephen Morrison of the Washington think-tank, the Center for
Strategic and International Studies, said it repudiated the Sudan
government's long-held claim that it does not back the
janjaweed. "The charges detailed ... systematically and consciously
demonstrate the operational and policy linkage between the government
and the janjaweed," Morrison told The Associated Press in
Cairo. "That is the core point, and it is important." […]

Meanwhile, a British expert on Sudan, Alex De Waal, said the ICC
prosecutor had made a "nicely judged" move, as Harun and Kushayb
were "not-so-senior figures ... who could be thrown to the wolves by
Khartoum without too much political fallout." By naming the two
Sudanese as suspects rather than issuing arrest warrants for them the
ICC prosecutor appears to have given Sudanese President Omar al-
Bashir "a small window" to act, said De Waal, who has written a book
on the Darfur conflict and works at the Social Science Research
Council in New York."

3. Agence France Presse, Mohamed Hasni, "Khartoum rejects ICC
jurisdiction over Darfur crimes," 27 February 2007
http://news.yahoo.com/s/afp/20070226/wl_africa_afp/sudandarfuricc

"Sudan said the International Criminal Court (ICC) had no
jurisdiction over any Sudanese after the tribunal on Tuesday named a
minister and a militia leader as suspects in murder and mass rape in
Darfur. Insisting Khartoum would try Darfur war criminals itself,
Justice Minister Mohammed Ali al-Mardhi said the Sudanese judiciary
had already dealt with both suspects. He described the ICC's
announcement as part of a "conspiracy" against his country but Darfur
rebel groups hailed it as a victory and asked for charges to be
brought against other senior officials. "The Sudanese judiciary has
the capacity and the will to prosecute those who have committed
crimes in Darfur," Mardhi told reporters. "We have a judiciary, whose
impartiality, experience and independence are recognised". […]

"International law gives each country the responsibility to apply its
own laws. Sudan did not ratify the Rome protocol, therefore this
protocol does not apply to us," Mardhi said. "The government's
position is clear: he who commits a crime in Sudan should be tried by
Sudanese courts," presidential adviser Majzub al-Khalifa told the
official SUNA news agency. […]

"Ali Kosheib has been detained since November 28, 2006, he was
interrogated and charges were pressed against him for crimes against
human rights," he said, adding that the suspect was still in custody.
[…] "He belongs to a regular force, the Popular Defence Forces (PDF),
whose creation is backed by legislation," the minister told a press
conference convened in Khartoum minutes after the ICC prosecutor's
announcement. […]

"Haroun, a civilian, only had authority over the police. He had no
prerogatives to distribute weapons or give orders," Mardhi said. […]"

4. Republic of Sudan Radio, "Sudan rules out handing over alleged
Darfur war criminals," 23 February 2007
(link not available)

"The national defence minister, Maj-Gen Abd-al-Rahim Muhammad Husayn,
has reiterated Sudan's rejection of the handing over Darfur of war
crimes suspects to the International Criminal Court [ICC] in The
Hague. The minister made the remarks during a press conference at the
Sudanese embassy in Abu-Dhabi [UAE]. Maj-Gen Abd-al-Rahim stressed
that the government will not handover suspects accused of committing
war crimes in Darfur to the ICC saying that the international court
has no jurisdiction to try war crimes in Darfur.
He pointed out the ability and competence of the Sudanese judiciary
[to try the suspects]."

Other Related Articles:
- BBC News, "Sudan Defiant on Darfur Suspects," 27 February 2007:
http://news.bbc.co.uk/2/hi/africa/6402363.stm
- United Press International, "Sudan: ICC has no jurisdiction," 27
February 2007: http://www.upi.com/InternationalIntelligence/view.php?
StoryID=20070227-114333-4273r

****************************************************
C. REACTIONS BY SUDAN REBEL GROUPS AND POPULATION

1. Agence France Presse, "Darfur rebel groups hail ICC move on Darfur
suspects," 27 February 2007
(link not available)

"Darfur rebels on Tuesday welcomed the International Criminal Court's
(ICC) accusations of war crimes against a former Sudanese minister
and a militia leader as a step toward achieving justice.

"This is the beginning of victory for international justice and the
people of Darfur in particular, because it shows that those who
commit crimes against them cannot escape justice," said Ahmed Hussein
Adam, spokesman for the National Redemption Front. […]

Adam told AFP the ICC should pursue its investigation and bring
charges against more Sudanese regime officials. "Haroun and Kosheib
were not alone, there are officials in the high circles of the
government who share responsibility," he charged. "It is crucial that
the judiciary continue its procedures to achieve justice, because it
cannot be done with the legal system in Sudan. The ICC does have
jurisdiction to handle the case of Darfur," Adam argued.

Mahjoub Hussein, chairman of the Greater Sudan Liberation Movement,
also welcomed the ICC's move. "It's a victory for humanitarian values
and an essential step in resolving the crisis in Darfur," he told
AFP. "We are ready to provide the ICC with documents on the crimes in
Darfur and we demand international pressure to ensure Khartoum
complies with the ICC's decision," he added.

The two rebel factions do not recognise the May 2006 peace agreement
signed by the Khartoum government and another rebel group. The
fighting has continued unabated since and is now entering its fifth
year. […]"

2. Al-Watan, "Ex-Darfur rebel group said ready to cooperate with
international court," 27 February 2007
(link not available)

"The Sudan Liberation Movement faction led by Mani Arkoi Minawi has
said it prefers the trial of those accused of war crimes in Darfur to
take place in Sudan, on condition the trial is fair and
unbiased. "We are opposed to the trial of those who are innocent and
the acquitting of perpetrators," Minawi's deputy Dr Al-Rayah Mahmud
told Al-Watan yesterday. He further said his movement is prepared to
cooperate with the [International Criminal Court] ICC saying "any
individual in the movement who is accused must hand themselves over
and prove their innocence in front of the judiciary whether this is
inside or outside Sudan.""

3. Voice of America, Noel King, "Darfuris Say Hague's List Must
Include Al-Bashir," 27 February 2007
http://www.voanews.com/english/2007-02-27-voa45.cfm

"[…] But Darfuris are adamant that the list must also indict Sudanese
President Omar al-Bashir, a man whose name evokes nothing but fury
among the displaced in Darfur.

Sheikh Isaac Adam Adam, a leader of the Tur tribe, spoke to VOA from
a camp for the displaced in Kaas, south Darfur. "Bashir is a
criminal," he said. "He gave the Janjaweed weapons. The
international court must try him." […]

Fatma Adam Yagoub is the leader of women's affairs at the Abu Shouk
camp for displaced Darfuris in the northern capital city of El
Fasher. She explained to VOA why many people saw the government's
plan to try suspects internally as flawed. "The government is part of
the problem," she said. "You cannot catch yourself. Omar Al Bashir is
chief of the war criminals. He makes the plans and has other people
carry out the plans," she said. […]

Abdul Gasm Ahmed, a commander with the Sudan Liberation Army, based
in Gereida, south Darfur, spoke to VOA before he had seen the
list. "We want justice to be done," he said. "The trials cannot take
place in Sudan. If I am named as a war criminal I will go to the
court and turn myself in."

Abdel Gasm told VOA that he believes Omar Al Bashir is guilty of war
crimes and should be tried, this despite the fact that his own
faction of the SLA signed a peace accord with Al Bashir's government
last May. […]"

****************************************************
D. LINKS TO INFORMATION ON DARFUR SUSPECTS

1. Associated Press, "Thumbnail sketches of the two Sudanese men
named as Darfur suspects," 27 February 2007
http://www.iht.com/articles/ap/2007/02/27/africa/ME-GEN-Sudan-
International-Court-Darfur-Thumbnails.php
2. Reuters, "Some details on ICC Darfur indictees," 27 February 2007
http://www.reuters.com/article/idUSL2728157220070227

****************************************************
E. COMMENTARIES AND ANALYSES

1. Al-Ayyam, Commentary, Kamal al-Sadiq, "Before refusing let us read
the facts," 27 February 2007
(link not available)

"Today the state of anticipation and speculation will end when the
[International Criminal Court] ICC Chief prosecutor in The Hague, the
Argentinean judge Luis Moreno Ocampo, will announce the names of
those accused of committing war crimes in Darfur including killing,
displacement, rape, destroying property and terrorism a year after he
took over the case from the Security Council in accordance with
chapter 7.

The government has pre-empted today's announcement when the ministers
of justice and state for foreign affairs categorically rejected the
trial of any Sudanese outside Sudan. This occurred before the names
of these Sudanese, who will be put on trials involving long
complicated procedures in The Hague, are made public.

No doubt such pre-emptive rejections, which will become open and
violent when the names are announced this afternoon, will only lead
to one situation that is the siege of Sudan and its people and its
destruction in exchange for a few accused individuals. In other
words, two or three people in exchange for more than 30m Sudanese. It
is not logical to link the fate of a nation to that of accused
individuals who may be proven innocent or guilty in court tomorrow.

The people of Sudan, its political and civil forces and the sides of
the government of national unity know very well what rejecting or not
cooperating means in a case referred by the Security Council
according to chapter 7 which allows for the use of force to implement
resolutions.

Have the government of national unity and the ministers of justice
and state for foreign affairs read the situation well? Do they
understand what the consequences are for Sudan and its people before
they hurry to announce their rejection of the ICC announcement before
it is made?

Has the minister of justice today made efforts to search for legal
procedures through which to counter the chief prosecutor's decisions
using the same law Ocampo has based his findings? Has he studied
whether the prosecutor's decisions can be appealed by a higher
authority instead of the empty rejection?

In our humble opinion, this is the legal line of defence at this
critical stage, oh ministry of justice, for the sake of our country
and to avoid unfortunate consequences."

2. Deutsche Presse-Agentur, Analysis, Tia Goldenberg, "World court's
move only a first step for Darfur crisis," 27 February 2007
http://news.monstersandcritics.com/africa/news/article_1270034.php/ANA
LYSIS_World_courts_move_only_a_first_step_for_Darfur_crisis

"The International Criminal Court (ICC) named the first two Darfur
war crimes suspects on Tuesday, and while the move is a blow to
Sudan's record of impunity in its war-torn region, the legal step is
a long way from solving the crisis there. […]

It was a much anticipated announcement, but some analysts say the
move is just scratching the surface of a complex problem. "This makes
us, the international community, say 'yes, we may have people behind
bars,' but in terms of development, security and social justice for
Darfuris, I doubt there will be too much of a change," said Mariam
Jooma, a Darfur researcher for the South-Africa based Institute for
Security Studies. […]

"This all depends on the cooperation of the Sudanese government and
we don't have a large stock of trust and confidence in the Sudanese
government's willingness to cooperate with the international
community," said Leslie Lefkow, a researcher on Darfur for New York
based Human Rights Watch. […] Lefkow conceded that Ocampo's finger-
pointing was just the beginning of a long legal process, but an
important one nonetheless. […]

Lefkow said the fact that the ICC has intervened will show the
Sudanese government that it cannot continue a campaign of violence in
Darfur without someone being held accountable for the destruction
caused. "It's very important for the ICC to say there is a limit to
the Sudanese government's ability to continue its policies with no
reaction," she said. The court's investigators must press on and name
more war crimes suspects - from government ministers to President
Omar Hassan al-Bashir himself - she said.

But the situation becomes more complex, said Jooma, when taking into
account how the conflict has spread to neighbouring Chad, where
scores have been killed and displaced by marauding militias. The
crises are so intertwined that she said the court must consider
whether players in that conflict should be investigated as well.
Also, Jooma wondered if the atrocities committed by Minni Minnawi,
the only rebel leader to sign onto a peace agreement, should be
investigated as well, despite his turn to negotiations.

Despite the complexities and whatever the outcome of the ICC's
summons, the move forced an often stagnant situation to budge towards
a resolution. "This is not going to necessarily solve all the
problems of Darfur, but given the extent to which people in Darfur
have been awaiting justice, it is a very positive step," Lefkow said."

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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