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Darfur: Sudan To Prosecute Kushayb; Kushayb Denies Charges; Bashir

06 Mar 2007

Dear All,

Please find below a digest (2 March 2007) of continued media coverage on
the ICC Prosecutor's request for summonses for Ahmad Muhammad Harun and
Ali Muhammad Ali Abdal-Rahman.

A. SUDAN ANNOUNCES ITS OWN PROSECUTION OF KUSHAYB: Sudan has announced
that it will try three Sudanese citizens, including one of the ICC
suspects, Muhammad Ali Abdal-Rahman, also known as Ali Kushayb. Some
reports have characterized this effort as "an attempt to pre-empt" the
ICC.

An Agence France Presse article reporting on this development also
highlights domestic division over the ICC's announcement including
possibly within President Bashir's own National Congress Party as well
as remarks by former UN Envoy to Sudan Jan Pronk.

B. KUSHAYB DENIES ICC CHARGES: Ali Kushayb has denied the ICC's charges.
"We did not kill any innocent people and we did not cause the
displacement of any people," Kushayb was quoted as saying in the
pro-Arab, pro-Islamist Al Intibaha newspaper.

C. PRESIDENT BASHIR REITERATES REJECTION OF ICC JURISDICTION: President
Omar al-Bashir has reiterated that "(The) Sudanese judiciary is honest
and qualified to try any Sudanese". "The government will not hand over
any citizen for trial outside the country," added al-Bashir.

D. SUDANESE REACTIONS WELCOMING ICC ANNOUNCEMENT
(1) An article in the Times (London) highlights several victims'
reactions to the ICC's announcement: "We were jubilant when we heard the
news," said one victim, while another stated, "Justice is good. I would
like that."
(2) In an interview with Reuters, opposition figure Hassan al-Turabi
said the government should cooperate with the ICC, noting, "There is no
justice here. Justice has to come from international courts, from
outside."
(3) The opposition National Ummah Party has urged all the sides in the
Darfur conflict and in particular the government, to cooperate with the
ICC.
(4) The opposition Communist Party has urged the government to hand over
the suspects to the ICC.

E. SUDANESE REJECTIONS OF ICC ALLEGATIONS AND JURISDICTION
(1) A majority of respondents to a poll conducted by Al-Jazeera.net have
reportedly expressed support for Sudan's position not to transfer any
citizens to the ICC.
(2) The Ta'aysha tribe of ICC suspect Ali Kushayb has rejected the
possibility of handing him over to the ICC.
(3) Presidential assistant and deputy leader of the rulin] National
Congress Party, Dr Nafi Ali Nafi has criticized those who have announced
their support of the ICC.
(4) The Parliamentary Group of North Kordofan State has described the
ICC announcement as illegal and incorrect.
(5) The Darfur Lawyers Association has denounced the ICC allegations.
(6) During a symposium on "The Decision of ICC between the Law and
Politics," Legal Expert Dr. Khalid Hussein Mohamed qualified the ICC
announcement as a political decision.
(7) Head of Legislation and Legal Affairs Committee at the Council of
States Dr. Ismail Al-Haj Musa stated that Sudan would 'reactivate'
complementarity.

F. EUROPEAN UNION COUNCIL CONCLUSIONS: The European Union, in its
Council Conclusion on Darfur, has welcomed the Prosecutor's announcement
and urged the Sudanese government to cooperate.

G. OTHER INTERNATIONAL REACTIONS:
(1) Egyptian President Husni Mubarak was briefed by a Sudanese
representative on developments in Sudan. With regards to the ICC, the
adviser said that the Sudanese government formed committees to find
means to face this development.
(2) The Malaysian Foreign Minister, Sayed Hamid Al-Bar, has described
the Prosecutor's decision as unjustifiable, political and illegal.
(3) SUNA reports on reactions by those "concerned with the Sudanese
situation" living in the United Kingdom.

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. SUDAN ANNOUNCES ITS OWN PROSECUTION OF KUSHAYB

1. Associated Press, "Sudan to try three people on crimes relating to
Darfur crisis," 6 March 2007
http://www.iht.com/articles/ap/2007/03/06/africa/AF-GEN-Sudan-Darfur.php

"Sudan said Tuesday it will try three Sudanese on charges of crimes
relating to the Darfur crisis in what appeared to be an attempt to
pre-empt and the International Criminal Court's investigation into
accusations of crimes against humanity in the war-torn region. Details
about the charges or alleged crimes were not available, but Sudan's
official news agency, SUNA, reported that the trial would start
Wednesday in the western Darfur capital of El-Geneina. Among the three
was Ali Mohammed Ali Abd-al-Rahman, also known as Ali Kushayb, a member
of Sudan's security forces who is one of two suspects sought by the ICC
over accusations of war crimes and crimes against humanity. [...]

Even though the ICC cannot prosecute individuals already on trial for
the same crime in their own country, chief ICC prosecutor Luis
Moreno-Ocampo said that Khartoum's investigation of Kushayb does not
"encompass the same conduct that is the subject of the case now before
the Court (ICC)." The ICC case alleges Harun and Kushayb worked
"together to commit alleged crimes against humanity and war crimes,"
Moreno-Ocampo told The Associated Press. However, he indicated Sudan and
the two Sudanese suspects may challenge ICC's jurisdiction but that this
would be for the judges to rule on. [...]

The Sudanese government had told the ICC, which is based in The Hague,
Netherlands, that Kushayb was arrested last November and was in custody
pending an investigation into five attacks in which hundreds of people
were killed. It was not immediately known if the trial set to start
Wednesday in Darfur was related to that investigation. [...]

Interior Minister Zubair Bashir Taha told the Sudan Media Center on
Tuesday that the accusations against Harun were "unfounded and seek to
undermine security and stability in the country." [...]"

2. Agence France Presse, Mohammed Ali Saeed, "Sudan scrambles to deflect
pressure over Darfur war crimes," 6 March 2007
(link not available)

"Sudan is seeking to take the lead and drag Darfur war crimes suspects
in front of its own courts, despite divisions at home and world pressure
to hand them over to an international court. A special court in West
Darfur is due to open proceedings Wednesday against three security
officials suspected of murdering civilians and burning down their
villages. "Three suspects will appear in front of the special criminal
court in Geneina. Trial proceedings will start on Wednesday," the
official SUNA news agency reported. The move was announced late Monday,
a week after Khartoum came under renewed pressure when the International
Criminal Court (ICC) in The Hague for the first time named suspected
Darfur war criminals. [...]

But the ICC's offensive against the Sudanese regime -- which stands
accused of genocide by Washington and of being responsible for the
world's worst ongoing humanitarian crisis -- has left domestic political
forces divided. Diverging views within the unity cabinet itself were
again highlighted last week when Salva Kiir, the southern rebel leader
turned first vice president, expressed his dissatisfaction with
Khartoum's policies in Darfur. Other political parties and newspapers
also joined the dissent, arguing the regime had left it too late to
activate its own justice system and demanding suspects be handed over to
the ICC. The Popular Congress Party of Beshir's former mentor Hassan
al-Turabi said the president had "missed the chance" earlier in the
conflict to bring suspects to justice in Sudan. [...]

The UN's former top envoy in Sudan, Jan Pronk, also stressed that
Khartoum failed to seize the opportunity it was given to prove the
efficiency and independence of its judiciary. "I told them in 2004 to
come up with a credible legal process and they failed, this is a second
chance," Pronk told AFP on the phone. "I am quite disappointed that the
UN Security Council is not following up on its decisions... So I am
pleased with the fact that the ICC prosecutor came out. It created a new
political situation in Sudan. "I hope the president (Beshir) will be
wise enough and make clear to his people that it's a non-political
decision... If the regime came to that conclusion, it would also benefit
itself," Pronk said.

Darfur rebel groups unsurprisingly came out in favour of handing over
suspects to The Hague, as did the Communist Party. "The government is
fully responsible for what has happened and what is now happening in
Darfur," the party said in a statement.

Observers also suggested that Beshir's own National Congress Party may
not speak in one voice on the issue. "The state of agitation inside the
Congress is not surprising. The ICC is likely to come up with more names
and some of the highest-ranking officials in the country could be on the
list," a Western diplomat said. The cabinet postponed a meeting Sunday
to allow for more political consultations before formulating its
official response to the ICC."

3. Suna News Agency, "Sudan: Darfur militia leader to go on trial 7
March," 5 March 2007
(link not available)

"Sudan news agency has learnt that three suspects will be arraigned in
the special criminal court in Al-Junaynah court in the Delaij incidents
in western Darfur State. The court proceedings will begin the day after
tomorrow, Wednesday [7 March]. The accused are Ali Abd-al-Rahman Kushayb
[suspected Janjawid militia leader and one of the suspects named by the
International Criminal Court for crimes against humanity in Darfur],
Hamdi Sharaf al-Din, and Add-al-Rahman Da'ud Humaydah. The proceedings
will be chaired by High Court Judge Ahmad Abu Zayd and appeal court
Judge Al-Sayuti Ibrahim and Fakhr-al-Din Hasan. The court will study
reports presented to it by the special investigation committee that was
investigating the Delaij incidents. The undersecretary at the ministry,
Abd-al-Dayim Zamrawi, had said that suspects from the armed forces and
popular defence forces would be arraigned before the special criminal
court in Al-Junaynah."

Other Related Articles:
- Reuters, "Sudan to try suspect wanted by international court," 6 March
2007: http://www.alertnet.org/thenews/newsdesk/L06323237.htm
- Agence France Presse, "Sudan to try Darfur suspect named by ICC," 6
March 2007:
http://news.yahoo.com/s/afp/20070306/wl_africa_afp/sudandarfurunresticct
rial_070306075036
- United Press International, "Sudan court to try Darfur suspects," 6
March 2007:
http://www.upi.com/InternationalIntelligence/sudan_court_to_try_darfur_s
uspects/20070306-105813-4798r/

****************************************************
B. KUSHAYB DENIES ICC CHARGES

1. Associated Press, Mohamed Osman, "Sudanese accused of war crimes in
Darfur denies charges," 4 March 2007
http://www.iht.com/articles/ap/2007/03/04/africa/AF-GEN-Darfur-War-Crime
s.php

"A Sudanese accused of war crimes denied leading a group of janjaweed
militias in attacks on civilians in Darfur, saying in a newspaper report
Sunday that he had been recruited to protect villagers and nomads from
the Arab militiamen. "We did not kill any innocent people and we did not
cause the displacement of any people," Ali Mohammed Ali Abdal-Rahman,
also known as Ali Kushayb, was quoted as saying in the pro-Arab,
pro-Islamist Al Intibaha newspaper. He told Al Intibaha the accusations
were untrue "simply because these acts never occurred in the first
place." Kushayb accused "rebel elements" of setting him up to be accused
of the alleged crimes. [...]

Kushayb, who was dressed in a white turban and appeared to be in his
mid-50s in the picture that accompanied Sunday's newspaper article,
denied having met with Harun to carry out the alleged crimes. [...]

ICC prosecutor Luis Moreno-Ocampo cited a rape victim in the town of
Arawala who described in detail how Kushayb "personally inspected a
group of naked women before they were raped by men under his command."
In another incident, Kushayb, whom Moreno-Ocampo called a colonel of
colonels in the janjaweed, "personally participated" in the summary
execution of at least 32 men.

Khartoum told Moreno-Ocampo that Kushayb was arrested last November and
is in custody for investigation into five attacks in which hundreds of
people were killed. The attacks were not the same as those being probed
by the ICC, he said. [...]"

****************************************************
C. PRESIDENT BASHIR REITERATES REJECTION OF ICC JURISDICTION

1. The Associated Press, Mohamed Osman, "Sudan president: No handover of
citizens to international court over Darfur," 4 March 2007
http://www.iht.com/articles/ap/2007/03/03/africa/AF-GEN-Sudan-Darfur.php

"President Omar al-Bashir on Saturday reiterated that Sudan will not
hand over any Sudanese for trial abroad by international courts, such as
the ICC which this week accused two Sudanese over Darfur atrocities.

"(The) Sudanese judiciary is honest and qualified to try any Sudanese"
who commit crimes against humanity, the president was quoted as saying
by the official SUNA news agency during a visit to the Kordufan region,
some 750 kilometers (470 miles) southwest of Khartoum. "The government
will not hand over any citizen for trial outside the country," said
al-Bashir. [...]

Al-Bashir lashed out at those who "committed crimes against the Iraqi
people, who are being killed, displaced and their infrastructure
destroyed at the hands of the alliance forces" - a reference to U.S.-led
troops in Iraq. Those perpetrators have "to be brought before courts of
law and find prompt justice," al-Bashir said.

In Sudan, "anyone who makes a mistake will be held responsible for it,
but we are not going to take any dictates from abroad," the agency also
quoted al-Bashir as saying. [...]"

2. Sudanese Radio (via BBC Monitoring), "Al-Bashir reiterates objection
to trial of Darfur war criminals outside Sudan," 3 March 2007
(link not available)

"[Presenter] The president of the republic, Umar Hasan al-Bashir has
reiterated Sudan's objection to the trial of any Sudanese national
outside the country. During a public rally at Umal Rahib village in
Rashad locality, Southern Kordofan State, Al-Bashir told those behind
the [International Criminal Court] ICC Prosecutor's decision on war
crimes in Darfur, to turn their attention to crimes which are happening
in Iraq, Palestine, Lebanon and Afghanistan against women and children.
[...]"

Other Related Articles
- Reuters, "Bashir rejects trying citizens outside Sudan," 4 March 2007:
http://www.reuters.com/article/homepageCrisis/idUSL04615521._CH_.2400

****************************************************
D. SUDANESE REACTIONS WELCOMING ICC ANNOUNCEMENT

1. The Times (London), Catherine Philp, "Man who terrorised Darfur
clings on to safety in Sudan," 3 March 2007
http://www.timesonline.co.uk/tol/news/world/africa/article1464354.ece

"Hawa Hassan can never forget the day she first clapped eyes on Ali
Kushayb. [...] A man wearing mirrored sunglasses stepped out of his
white 4x4. "Make them confess," he said. One of the men pulled his knife
across her arm, a deep wound opened as she cried out and blood poured on
to the sand. Mrs Hassan did not know it then, but the man was Ali
Kushayb, the notorious Janjawid commander who led a wave of terror
through the villages of western Darfur in 2003 and 2004, killing and
driving out the non-Arab population. She had heard his name several
times, in terrible accounts told by outsiders fleeing their burnt and
pillaged villages. [...]

This week, three years after that attack, Mrs Hassan heard Ali Kushayb's
name again, on a radio in the sprawling refugee camp of Gaga. He had
been named as a war crimes suspect by the International Criminal Court,
along with a Sudanese minister, the first two to be named for atrocities
in Darfur. "We were jubilant when we heard the news," said Bakar Qasab,
35, a survivor of the attack on the village of Bindis. "He killed and
tortured many of our people." [...] "They do this for no other reason
than that we are not Arabs," Mr Qasab said. "They want to commit
genocide and to drive us all away."

It was the testimony of refugees like these, in sunbaked camps along the
Chad-Sudan border, that gave the court the ammunition to draw up the
indictment against Ali Kushayb for 51 counts of crimes against humanity,
including rape, torture and murder, in the villages around Bindis. [...]

Of the two, his indictment is the most serious for Khartoum, formally
linking the Janjawid's reign of terror to the Government -something that
it continues to deny. The refugees have no doubt that Ali Kushayb was
not his own man. Before he took up arms against them, many knew him as a
soldier in the army, then a mercenary hired by Arab tribes to fight in
local wars. "The Government recruited him and made him a Janjawid," said
Abdullah Hassan Yusuf, who knew Ali Kushayb in Bindis. "When he went on
his raids, the governor would even send sacks of sorghum to feed his
horses. They were in it all together, all along."

ICC officials say they hope that naming the two men may make others
think twice about committing such crimes. The refugees are less hopeful.
"I want to see them punished, but I am not optimistic they can be
caught," Mrs Hassan said, fingering the scar on her arm. [...] "Justice
is good. I would like that," Mrs Hassan said. "But mostly I want to go
home.""

2. Reuters, Sean Maguire and Andrew Marshall, "INTERVIEW-Pressure Sudan
and it will bow on Darfur - Turabi," 5 March 2007
http://www.alertnet.org/thenews/newsdesk/L05142367.htm

"Foreign pressure, including the threat of international justice, will
force Sudan to finally allow United Nations intervention in Darfur,
leading opposition figure Hassan al-Turabi said on Monday. A military
stalemate in Darfur, pressure from Sudan's southern politicians who
share power in Khartoum and domestic political tensions will also drive
the government of Omar al-Bashir to compromise, said Turabi.

"They want to say 'yes' a little bit (on Darfur) and 'no' to handing
over any minister" to an international court said the lawyer and
politician who was the Islamic ideologue behind Bashir's rise in 1989
but gradually pushed out by the general. [...]

Turabi said the government should cooperate with the ICC, which Sudan
has said has no jurisdiction over its nationals. [...] "There is no
justice here. Justice has to come from international courts, from
outside," said the 75-year-old cleric, who was been jailed and placed
under house arrest but has more latitude to criticise than less
prominent opponents. [...]"

3. Al-Ra'y al-Amm (via BBC Monitoring), "Sudanese opposition urge state
to cooperate with international court," 3 March 2007
(link not available)

"The [opposition] National Ummah Party, which is led by Al-Sadiq
al-Mahdi, has urged all the sides in the Darfur war and in particular
the government, to cooperate with the international community and
International Criminal Court [ICC] in the punishment of the perpetrators
of criminal offences [in Darfur]. The party called for the formation of
a truly national government to deal with the situation and reclaim the
society's trust. In a statement, the party asked the government to "stop
its excitable manner, political buffoonery, procrastination and
outbidding that have tarnished the country's reputation, and instead
sensibly accept the results of the investigations [into alleged Darfur
war crimes] and take a sound legal position that will stand up to the
case".

In the same regard, the [opposition] Ummah Party for Reform and Renewal
that is led by Mubarak al-Fadil, said the ICC in The Hague was the best
place try the state minister for humanitarian affairs, Ahmad Harun, and
the other suspect, Ali Kushayb [accused of war crimes in Darfur]. In a
statement, the party said there were no examples under the Sudanese
criminal law of the war crimes cases such as those The Hague court
decides on."

4. United Press International, "Sudan communists: Give up suspects to
ICC," 5 March 2007
http://www.upi.com/InternationalIntelligence/view.php?StoryID=20070305-0
14713-8606r

"Sudan's opposition Communist Party urged the government to hand over to
the International Criminal Court two officials suspected of war crimes
in Darfur. A statement by the Sudanese Communist Party said Monday the
government should cooperate with the ICC by surrendering the two
officials and providing legal defense for them. [...]

The communists said the naming of Sudanese officials was expected and
the Khartoum government should have been legally and politically
prepared, insisting the government bears full responsibility for the
strife and escalation of the crisis in Darfur.

"We have repeatedly demanded an investigation into the crimes committed
in Darfur and to punish the perpetrators inside or outside the country,
but the government doesn't listen to reason," the leftist group said.

With this statement, the Communist Party has thus joined other major
opposition Sudanese groups in supporting a call to hand over the two
officials to the ICC for trial in The Hague."

****************************************************
E. SUDANESE REJECTIONS OF ICC ALLEGATIONS AND JURISDICTION

1. Sudanese Media Centre (via BBC Monitoring), "Poll shows majority back
refusal to hand over war crime suspects to court," 4 March 2007
(link not available)

"Majority of respondents to a poll conducted by Al-Jazeera.net, have
expressed support for Sudan's position not to transfer some of its
citizens accused of committing war crimes in Darfur, western Sudan, to
the International Criminal Court. Seventy-nine-point-six [79.6] per cent
of the respondents in the poll, which has been running from 28 February,
supported Khartoum's position not to hand over any Sudanese citizen to
an international body outside the country. Some 20.4 per cent of those
polled in the three-day survey in which 15,000 people took part, opposed
the position of the Sudanese government to reject any trial of any
Sudanese outside the country."

2. Al-Watan (via BBC Monitoring), "Sudanese tribe says it will not hand
over Darfur war crime suspect," 4 March 2007
(link not available)

"The Ta'aysha tribe of the suspect wanted by the International Criminal
Court according to accusations made by Luis Moreno-Ocampo last week, Ali
Kushayb, has rejected any talk about the possibility of handing him over
to the international court. The nazir [paramount chief] of the Ta'aysha,
Abd-al-Rahman Busharah Ali al-Sanusi, spoke to Al-Watan yesterday over
the phone from the Nazarah's [tribal administration] HQ in Rihayd
al-Bardi in the far south of west Darfur. The nazir said Kushayb is
innocent of all 51 crimes he is suspected of committing and said he
rejected Kushayb's trial even at a national court. "The tribe is
completely confident that the government will not take the step of
handing him over," Busharah added. He further said his tribe was not
involved in the struggle in Darfur and questioned how a tribe that had
supported the Mahdiyah [Mahdism - uprising against British colonialism]
could engage in acts against humanity."

3. Al-Ra'y al-Amm (via BBC Monitoring), "Sudan's ruling party criticises
supporters of Darfur crimes court,"
(link not available)

"Presidential assistant and deputy leader of the [ruling] National
Congress party [NC], Dr Nafi Ali Nafi has criticized political forces
that announced their support for the trial of those accused of
committing crimes in Darfur at the International Criminal Court [ICC],
and described them of being ignorant.

He further announced that anyone who evidence indicated was involved in
criminal offences that violated the rights of individuals or groups
would be tried, to be proven innocent or guilty stressing no one was
above the law. Nafi denied the government was intending to put forward
for trial in Sudan those whose names appear on the ICC list and said
"this will not necessarily occur". However, he categorically stressed
that the government would try anyone against whom there was conclusive
evidence of committing violations whether they held constitutional or
political positions because everyone, according to Nafi, is equal in the
eyes of the law.

Nafi further commended position of the leader of the Democratic Unionist
Party, Muhammad Uthman al-Marghani, and revealed that Al-Marghani had
contacted a number of NC leaders and reiterated his rejection to handing
over any Sudanese citizen for trial outside the country. Nafi reiterated
his strong criticism of political forces that announced their support
for the ICC decision and said they were politically ignorant. He said by
taking this stance these parties were committing political suicide and
that their supporters would be given a reason to abandon them and join
the national rank."

4. Suna News Agency, "Parliamantary Group in North Kordofan Describes
ICC Decision as Illegal and Incorrect," 4 March 2007

"The Parliamentary Group of North Kordofan State has described the
decision of the Prosecutor of the International Criminal Court (ICC)
against two Sudanese national as illegal and incorrect. In a statement
it issued Sunday, the Parliamentary Group regarded the accusations of
the ICC as coming in the context of political pressures on Sudan
government, threats for the interest of colonialists, and attempts to
impose hegemony on the oppressed people.. The Parliamentary Group
referred in this regard to the successive resolutions of the Security
Council against Sudan, in a time when it is neglecting the violations
which are taking place in Iraq, Bosnia-Herzegovina Palestine. The
Parliamentary Group of North Kordofan State renewed its confidence on
the Sudanese judiciary and justice."

5. Sudanese Media Center (via BBC Monitoring), "Darfur lawyers denounce
international court's war crimes summon," 3 March 2007
(link not available)

"Lawyers from Darfur have strongly condemned the accusations made by the
prosecutor of the International Criminal Court (ICC) against Sudanese
citizens [Ahmad Muhammad Harun and Ali Muhammad Ali Abdal-Rahman, also
known as Kushayb]. In a statement issued today, the lawyers said the
decision by the ICC's Prosecutor is not backed by any legal basis as
Sudan is not a signatory to the statute of the international court thus,
is not a party to the agreement and can not oblige by the decisions made
by it. The statement added that those doubting the Sudanese judicial
system and demanding an international trial on the country's matters
only represents a foreign agenda at the nation. The statement issued by
the Darfur Lawyers Association said they are the ones who have been
affected the most by the crisis."

6. Suna News Agency, "Legal Expert: Decision of ICC Prosecutor is
political one," 3 March 2007
(link not available)

"Legal Expert Dr. Khalid Hussein Mohamed has affirmed that the recent
decision of the Prosecutor of the International Criminal Court (ICC) is
considered as a political decision, adding that it came within the
context of the foreign targeting to the country. Speaking at a symposium
on "the Decision of ICC between the Law and Politics" which was
organized at Al-Zubair Hall here Saturday, Dr. Khalid said that Sudan
has fulfilled many of its regional and international obligations towards
the peace process, adding that unfortunately the international community
did not meet its pledges to support peace in the country. He added that
Sudan, instead, was punished by not lifting its name from the so-called
list of states harboring terrorism besides triggering sedition in Darfur
as well as issuance of resolution 1706 on deployment of international
troops in Darfur. Dr. Mohamed asserted that the ICC statute prevents its
interference in any armed conflicts in countries.

Professor at Omdurman Islamic University Dr. Abdel-Latif Al-Bony said
that the ICC decision would not contribute to boosting of the efforts
being exerted to realize peace and stability in Darfur, adding that the
decision instead will distract the attention from the basic issue to
other matters not serve Sudan and issues of its people."

7. Suna News Agency, "Haj Musa Says Sudan to Encounter The Hague
Declaration," 2 March 2007
(link not available)

"Head of Legislation and Legal Affairs Committee at the Council of
States Dr. Ismail Al-Haj Musa affirmed that Sudan will work for
reactivation of the International Criminal Court Statute which says the
Court shall be complementary to the national criminal jurisdictions.
Speaking at SUNA Regular Press Forum on Thursday on violations of UN
missions around the World, Haj Musa stated that Sudan does not want to
clash with international community but at the same time does not want to
submit to its all resolutions, especially, he explained, when they do
not conform with norms and international conventions. [...]"

****************************************************
F. EUROPEAN UNION COUNCIL CONCLUSIONS

1. European Union, Council Conclusions on Sudan/Darfur - 2789th EXTERNAL
RELATIONS Council Meeting, Brussels, 5 March 2007:
http://www.consilium.europa.eu/cms3_applications/Applications/newsRoom/L
oadDocument.asp?directory=en/gena/&filename=93080.pdf

"[...] The Council takes note of the presentation by the Prosecutor of
the International Criminal Court (ICC) of evidence of war crimes and
crimes against humanity in Darfur, as a result of the investigation
mandated by UN Security Council Resolution 1593 (2005), and welcomes it
as a decisive step to put an end to impunity in Darfur. Reaffirming its
support for the ICC, the Council expects the Sudanese Government to
cooperate fully with the Court. [...]"

2. Associated Press (via International Herald Tribune), Paul Ames, "EU
appeals for international help to finance Darfur peacekeeping," 5 March
2007
http://www.iht.com/articles/ap/2007/03/05/europe/EU-GEN-EU-Sudan.php

"European Union foreign ministers appealed Monday for wider
international help to pay for the African peacekeeping force in Darfur
as the EU struggles to maintain its own funding for the mission. In a
statement, the EU said it was imperative to "urgently address the
funding need" and appealed to international donors to "contribute to the
success of the mission." [...]

The EU also called on Sudan to cooperate fully with the International
Criminal Court which last week accused a junior Cabinet minister and a
member of the Sudanese security forces of war crimes and crimes against
humanity for atrocities in Darfur. Al-Bashir on Saturday insisted Sudan
will not hand over its citizens for trial abroad by international
courts."

****************************************************
G. OTHER INTERNATIONAL REACTIONS

1. MENA News Agency (Egypt) (via BBC Monitoring), "Egyptian president
briefed on developments by Sudanese leader's aide," 5 March 2007

"President Husni Mubarak received on Monday [5 March] a message from
Sudanese President Umar Hasan Bashir on developments in Sudan and the
outcome of the four-way summit held in Tripoli on Darfur and Sudan's
relations with Chad. [...]

Whether he discussed with Mubarak Sudan's rejection to hand over any
Sudanese official to the International Criminal Court, Ismail said he
explained to Mubarak the development of this issue and the strategy of
the Sudanese government which is based on addressing the Darfur
conflict, reaching a political solution with the non-signatory parties
to Abuja agreement and bringing about security in Darfur. He made it
clear that everything either the court or any other issue is a
repercussion of the Darfur problem. The adviser said the Sudanese
government formed committees to find means to face the development of
the international court's decision."

2. Suna News Agency, "Malaysian Foreign Minister Describes ICC
Prosecutor's Decision against Sudan as Political, Illegal and
Unjustifiable," 4 March 2007
(link not available)

"The Malaysian Foreign Minister, Sayed Hamid Al-Bar, has described
unjustifiable, political and illegal the decision of the Prosecutor of
the International Criminal Court (ICC) on accusations of humanitarian
crimes against a number of Sudanese citizens. Interviewed by SUNA in the
Syrian capital, Damascus, the Malaysian minister said that the Sudanese
judicial system is capable to hold trial of any person who is accused of
violation of the International and humanitarian Laws. He said that the
International Criminal Court (ICC) has no jurisdiction to hold trial for
any Sudanese national. [...]"

3. Suna News Agency, "Wide indignation amid trends concerned with
Sudanese matter in towards ICC Prosecutor report," 3 March 2007
(link not available)

"Many trends among those concerned with the Sudanese situation in the
United Kingdom have received the decision of the International Criminal
Court (ICC) Prosecutor on trial of Sudanese subjects outside their
homeland with great indignation, whereas many politicians, journalists
and university lecturers, interviewed by SUNA, have denounced the report
and the scenario with which it was presented. Many of them wondered
about the legitimacy of the Court and how binding its decisions would be
for the Sudan. Others wondered about the neutrality and fairness of the
report as it neglected the other party to the conflict, the armed
movements. Some described the report as serving the movements and
present them a moral does through regarding them as innocents.

The prominent leader in the British Conservative Party Donald Stewart,
speaking to SUNA, said that the decision, as it is, does not, in any
way, contribute to peace making in Darfur, but rather leads to an
opposite result, adding that the decision not unbalanced.

Researcher in the British Parliament and present writer on Sudanese
affairs, Dr. David Charles, told SUNA that in the case of World War II
the trials were held after the war ended a matter, which is not the case
in Darfur now, and therefore before talking about trials, the war should
be stopped and peace be achieved, then afterwards a neutral mechanism,
to be agreed upon by the international community, be provided to make
investigations based on which fair trials would be held and supported by
the International Community and the regional organizations involved in
the peace process.

Ex-lecturer at London University Al-Rasheed Mohamed Khair said that the
decision is unbalanced and lacks professionalism and neutrality, because
it has clearly neglected the other party to the conflict and mentioned
nothing of the movements and the horrors, bypassing those attributed to
others, committed by their militias.

He added that everybody, according to the reports of the international
organizations that visited the region, is aware of what had been
committed by these militias that even worse that the accessions raised
against others.

Ahmed Wiqwaialla, a businessman living in London, said the report is
clearly biased in favors of the rebel movements and that the American
prospect neglects the other party and provides them with a great moral
boost by condemning a party at the cost of the others. He added that the
international community should practice pressures to achieve peace first
then search for trials, which are to boost peace and not trigger the
war."

****************************************************
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