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Darfur (Part I): NGO Media Statements (ctd.) on Prosecutor's

01 Mar 2007

Dear All,

In our continuing coverage of the Darfur situation and specifically
the ICC Prosecutor's submission of evidence and request for summonses
for Ahmad Muhammad Harun and Ali Muhammad Ali Abdal-Rahman, the CICC
Secretariat will again circulate two digests today (1 March 2007):
Part I will include additional NGO media statements and Part II will
include continuing media coverage.

Please find below a digest of additional NGO media statements,
including (in alphabetical order):

- Darfur Consortium, "Statement on the Presentation of Evidence by
the Office of the Prosecutor to the International Criminal Court":
http://www.darfurconsortium.org/ST02-28-07.html
- Genocide Intervention Network, "Genocide Intervention Network Calls
on United States to Support International Criminal Court in Darfur
Naming of First Two Suspected War Criminals Highlights Ongoing
Culture of Impunity in Darfur Genocide; Poll Shows Majority of
Americans Support US Cooperation with ICC":
http://www.genocideintervention.net/about/press/releases/2007/02/28/ge
nocide-intervention-network-calls-on-united-states-to-support-
international-criminal-court-in-darfur/
- United Nations Association of the United States of America (UNA-
USA), "UNA-USA Statement Regarding International Criminal Court's
(ICC) Application Naming Suspects in Darfur Situation":
http://www.unausa.org/site/pp.asp?c=fvKRI8MPJpF&b=2549945

The CICC Secretariat will continue to circulate NGO 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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Darfur Consortium, "Statement on the Presentation of Evidence by the
Office of the Prosecutor to the International Criminal Court," 28
February 2007
http://www.darfurconsortium.org/ST02-28-07.html

"We, the undersigned international, African, and Sudanese NGOs,
journalists, and lawyers, welcome yesterday's presentation of
evidence by the International Criminal Court's Prosecutor to the
Court's judges as an important step forward in combating impunity and
building the rule of law in Sudan.

The International Criminal Court (ICC) is the first and only
permanent and independent international institution with jurisdiction
over the most serious international crimes: crimes against humanity,
war crimes, and genocide. The Court will, however, only become
involved where national jurisdictions are unwilling or unable to
effectively prosecute perpetrators of these grave crimes. Encouraging
the strengthening of national systems through the operation the Court
has been a fundamental goal of the Court from its inception.

To date the Sudanese government has failed to stop the commission of
severe violations of international human rights and humanitarian law
in Darfur and has not effectively prosecuted those responsible. We
therefore welcome the efforts of the international community to
promote the vital process of accountability in Sudan through support
for the ICC. We also call on the people and the government of Sudan
to ensure that the Sudanese judiciary and Sudanese criminal justice
system fulfill their primary responsibility to pursue accountability
for international crimes committed within Sudan's territory. We urge
the Sudanese authorities to see cooperation with the Court as part of
this responsibility—as well as its obligations under international
law. Sudan is a signatory to the Rome Statute establishing the ICC
and is therefore bound to refrain from actions which undermine the
object and purpose of the treaty—which includes any effort to
undermine the Court's ongoing activities.

As the first steps in the first prosecutions in the ICC Darfur
referral get underway, we call upon the international community to
take commensurate responsibility for the protection of victims and
witnesses who will contribute to the trial process. Although the
primary responsibility for the protection of civilians in its
territory rests with Sudan, the announcement of charges against
particular individuals may create unique threats. The international
community should stand ready to provide all necessary assistance to
those persons who require international protection.

Although the evidence presented today relate to events which unfolded
in Kodoom, Bindisi, Mukjar, and Arawala, we remind the Court, the
Government of Sudan and the international community that crimes which
come under the jurisdiction of the ICC continue to be committed daily
in Darfur. The violence and the violations have now spread to Chad
and the Central African Republic (CAR)—both State parties to the
Court's Statute. We urge the Court to continue to monitor the
situation in Darfur, related violence in Chad and CAR and conduct
additional investigations and bring appropriate cases before its
judges as appropriate.

Today's announcement is a watershed moment for justice in Darfur, and
Sudan as a whole. It is also the beginning of a long process of
building accountability, security, and ultimately, reconciliation,
for the people of Sudan, a task which will require the support of
many actors. We call on the Government of Sudan and other governments
in a position to assist to fully cooperate with the Court. We call on
civil society inside and outside Sudan to support the process of
justice both through the Court and more broadly throughout Sudan. And
finally we call on the Court itself to ensure that its proceedings
are fair and impartial and bring to justice those most responsible
for international crimes in Darfur.

Africa Women's Development and Communications Network (FEMNET)
Amel Gorani, individual activist
Cairo Institute for Human Rights Studies, Egypt
Chidi Odinkalu, lawyer, Nigeria
Citizens for Global Solutions, USA
The Darfur Alert Coalition
The Darfur Consortium
Darfur Relief and Documentation Centre (DRDC), Switzerland
Human Rights Institute of South Africa (HURISA)
International Refugee Rights Initiative (IRRI), Uganda/USA
Maxwell Kadiri, Lawyer, Nigeria
Prof. Tunde Makaju, President, National Association of Seadogs,
Nigeria
Salih Mahmood Osman, Human Rights Lawyer and MP from Sudan
Sisters Arabic Forum for Human Rights, Yemen
Socio-Economic Rights & Accountability Project (SERAP), Nigeria
Sudan Organisation Against Torture (SOAT), Sudan/UK
Sudanese General Council For the Trade Union Federation
Sudanese Women Rights Groups"

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Genocide Intervention Network, "Genocide Intervention Network Calls
on United States to Support International Criminal Court in Darfur
Naming of First Two Suspected War Criminals Highlights Ongoing
Culture of Impunity in Darfur Genocide; Poll Shows Majority of
Americans Support US Cooperation with ICC," 28 February 2007
http://www.genocideintervention.net/about/press/releases/2007/02/28/ge
nocide-intervention-network-calls-on-united-states-to-support-
international-criminal-court-in-darfur/

"The Genocide Intervention Network today commended the International
Criminal Court for publicly releasing the first two names on its list
of suspected war criminals involved in the ongoing genocide in
Darfur, Sudan, and called on the United States to fully support the
ICC's investigations in Darfur.

Ahmed Haroun, Sudan's humanitarian affairs minister, and Ali Kushayb,
a militia leader who participated in the execution of hundreds of
civilians in 2003 and 2004, were accused by the ICC's prosecutor,
Luis Moreno-Ocampo, of bearing "criminal responsibility for crimes
against humanity and war crimes."

The genocide in Sudan, in which the government has materially
supported and encouraged local militias to target civilians, has
claimed at least 400,000 lives and displaced more than two million
people, according to the United Nations.

President George Bush and the Congress have both declared the
situation in Darfur a genocide, and a large majority of Americans
agree — 62 percent believe ending the crisis in Darfur should be a
foreign policy priority for the United States, according to a poll
conducted by the Genocide Intervention Network and Greenberg Quinlan
Rosner.

The survey, conducted in December 2006, also revealed that more than
half of Americans (52 percent) think the United States should aid the
International Criminal Court "by sharing intelligence about the
genocide that would build its case against the government of Sudan's
leaders." The ICC's investigations in Darfur are ongoing.

"The United States has gone on record declaring Darfur to be a
genocide, and the International Criminal Court's prosecution of the
perpetrators of these atrocities is a vital way to bring them to
justice," says Genocide Intervention Network Executive Director Mark
Hanis. "But in order to end the culture of impunity in Darfur, the
United States must recommit itself to fully supporting the current
African Union peacekeepers with funding and logistics, and urgently
press the international community to create an effective civilian
protection force through the United Nations."

In August 2006, the UN authorized a peacekeeping mission in Southern
Sudan to be expanded to Darfur, but Khartoum refused to allow the
peacekeepers to enter the region. Earlier this month, Sudan blocked a
fact-finding mission by the UN Human Rights Council to Darfur that
was to be led by Nobel peace laureate Jody Williams.

"The continuing efforts of the government of Sudan to delay and deny
efforts by outside observers to enter Darfur — peacekeepers,
journalists, humanitarian workers and even Nobel laureates — shows
just how complicit the government is in the ongoing genocide," Hanis
says.

In 2005, a State Department spokesperson declared the United States'
interest in "an end to impunity in Sudan." Yesterday, the State
Department said it is "incumbent upon the government of Sudan, we
believe, to cooperate with the ICC" but did not disclose whether the
United States would aid the ICC investigation with its own
intelligence.

"Accountability for the perpetrators of mass atrocities is the only
path toward reconciliation and sustainable peace agreements with
Darfurian rebels," Hanis says. "The United States must support this
effort to bring war criminals to justice, or risk emboldening
militias who continue to slaughter and rape civilians with impunity."

****************************************************
United Nations Association of the United States of America (UNA-
USA), "UNA-USA Statement Regarding International Criminal Court's
(ICC) Application Naming Suspects in Darfur Situation; ICC Experts
available for interviews to discuss implications further," 27
February 2007
http://www.unausa.org/site/pp.asp?c=fvKRI8MPJpF&b=2549945

The United Nations Association of the USA (UNA-USA) welcomes the news
of and supports the International Criminal Court's (ICC) Office of
the Prosecutor in its application for summonses to appear for Ahmad
Muhammad Harun, former Minister of State for the Interior of the
Government of the Sudan (and current Minister of State for
Humanitarian Affairs), and Ali Muhammad Ali Abd-Al-Rahman (also known
as Ali Kushayb), a Militia/Janjaweed leader, for 51 counts of war
crimes and crimes against humanity. This application is the first
step towards possible indictment and trial for individuals accused of
alleged atrocities in the Darfur region of Sudan since July 1, 2002.
An application for issuance of a summons to appear is an alternative
to seeking a warrant of arrest. The summonses against Ahmad Huran and
Ali Kushayb, if approved by the Pre-Trial Chamber, are expected to be
the first in a series of cases, with the ICC actively investigating
other alleged crimes in Darfur.

"We fully support the prosecutor as he pursues cases against these
individuals," said John Washburn, Convener for the American Non-
governmental Organizations Coalition for the International Criminal
Court (AMICC), a program of UNA-USA. "The prosecutor and the ICC are
operating under extreme pressure to bring charges and are being very
responsible to make sure the cases they present are absolutely solid
in an attempt to bring those charged to trial and ultimate
conviction."

The Security Council referred the situation in Darfur to the Court in
March 2005, opening the way for the ICC investigation. The United
States abstained on the resolution vote, despite its opposition to
the Court. The US has expressed its willingness to provide assistance
to the Court on the Darfur investigation.

The stages of prosecution at the ICC begin with an application for
summonses to appear or arrest warrants, followed by a confirmation of
charges, and ultimately possible trial and conviction. This is the
first application alleging criminal responsibility in Darfur. The
ICC's Chief Prosecutor, Luis Moreno-Ocampo, has said in requesting
the summonses that he will continue to investigate other individuals
responsible for crimes in the Darfur region, as well as in other
areas around the world.

"The ICC is being very thorough in its approach to ensure those
accused not only stand trial, but are convicted of these atrocities,"
Washburn explained. "Charges of crimes against humanity need to prove
systematic attacks against civilians and are by no means less of a
crime than genocide. Requesting summonses for war crimes and crimes
against humanity signals a very high probability of enough evidence
to meet the reasonable doubt standard in the Court's statute."

This action of the ICC should be distinguished from the February 26,
2007 decision of the International Court of Justice on the issue of
genocide in Bosnia. The ICJ decision concerns the behavior of Serbia
as a state and of course does not involve Darfur. The ICC
Prosecutor's application is directed at individuals and concerns only
Darfur. The jurisdiction of the ICJ is restricted to states;
conversely the jurisdiction of the ICC extends only to individual
persons.

The ICC, based in The Hague, The Netherlands, is the world's first
permanent, independent international criminal court. It has the broad
support of the international community, including nearly 140
signatories to its treaty, the Rome Statute, and 104 member
countries. John Washburn, Convener and Matthew Heaphy, Deputy
Convener of AMICC are both available for interviews on this matter."

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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