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Sudan: Ambassador to UN on efficiency of judicial system; UNSG Ban Ki-Moon's visit to Sudan; Statement by ICC Prosecutor; Harun co-chairing Committee to investigate HR abuses in Darfur

06 Sept 2007

Dear all,

Please find below excerpts from media articles and statements on recent
developments related to the International Criminal Court's investigation in
Darfur, Sudan.

This digest includes excerpts from an interview at the UN media stakeout
with Ambassador Abdalhaleem Mohamad, Sudanese Permanent Representative to
the United Nations, who said that Sudan has a "very efficient judicial
system that can try whoever is found guilty of whatever crimes in Darfur;"
information on UN Secretary General Ban Ki Moon's visit to Sudan; a
statement from Luis Moreno Ocampo urging Ban Ki Moon to "press Sudan to
arrest two suspects.and hand them to the International Criminal Court"; a
transcript of a briefing at the UN on Ban's visit to Sudan; and remarks from
Sudanese opposition parties on human rights abuses, including the report
that Ahmed Haroun- one of the two suspects named by the ICC - will be
co-chairing a Committee to investigate the human rights abuses in Darfur.

Please also 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.

With regards,

Mariana Rodriguez Pareja
CICC Communications
[email protected]

****

I. SUDANESE AMBASSADOR TO THE UN REJECTS ICC

Federal News Service distributed a transcript on 28 August 2007 of a media
stakeout with Ambassador Abdalhaleem Mohamad, Sudanese Permanent
Representative to the United Nations. An online link to the transcript is
not available.

Here is an excerpt:

".QUESTION: Ambassador, as a show of good faith, will Sudan hand over
indicted war criminals to the International Criminal Court?

AMBASSADOR MOHAMAD: (Laughs.) In no way Sudan is going to do that because we
have been repeatedly saying that the jurisdiction of ICC is not compatible
with our own position vis-a-vis the ICC. We are not member of the ICC. We
have a very efficient judicial system that can try whoever is found guilty
of whatever crimes in Darfur.

QUESTION: And a follow-up on that. The state minister of humanitarian
affairs has been indicted. Will he be meeting with Secretary-General Ban
Ki-Moon?

.AMBASSADOR MOHAMAD: No comment.."

II. UN SECRETARY GENERAL VISITS SUDAN

i. "UN's Ban visits Sudan with Darfur in focus," Sudan Tribune, 3 September
2007
http://www.sudantribune.com/spip.php?article23572

"U.N. Secretary-General Ban Ki-moon headed for Sudan on Monday to lay the
groundwork for a solution to the festering Darfur conflict through talks and
deployment of thousands of peacekeepers.

Ban, who was flying to Khartoum from a meeting of senior U.N. staff in
Turin, Italy, will seek commitment to his plan from Sudanese President Omar
Hassan al-Bashir and visit a refugee camp in the western Sudanese Darfur
region itself.

While Darfur will be the focus, his six-day tour will also include a trip to
south Sudan, where a 2005 peace deal ending a 20-year north-south war that
killed 2 million people is looking shaky, and take in visits to neighbouring
Chad and Libya.."

ii. "UN chief in Darfur peace push," by Herve Couturier (AFP), 5 September
2007, http://afp.google.com/article/ALeqM5g5eI5G9vUQQ8bRFEqvvfK0S5V8KA

"United Nations chief Ban Ki-moon visited the strife-torn Sudanese region of
Darfur Wednesday, admitting the international community has not done enough
to end four years of war and human suffering.

.A UN official said on condition of anonymity that the talks were likely to
take place in October, 'somewhere in Africa, perhaps in Tanzania.'.

Later during a visit to the Al-Salam camp near Al-Fasher, Ban was greeted by
refugees chanting the name of Abdel Wahid Nur, the rebel leader still
refusing to take part in negotiations with Khartoum.

Nur boycotted peace talks at the Tanzanian city of Arusha this month, where
eight rebel groups agreed a common platform for peace talks with the Sudan's
government, sponsored by the UN and the African Union. Ban called on Nur to
join the political process.

.The International Criminal Court's prosecutor has called on the UN to
pressure Sudan to bring to justice two suspects wanted over atrocities
committed in Darfur, a conflict the United States has described as genocide.

Ban has made Darfur his top priority since taking office in January, and is
seeking to ensure that the 26,000 strong UN-AU force can be deployed quickly
to protect civilians who bear the brunt of the violence.

The hybrid force was agreed by the UN Security Council on July 31 after
months of intense diplomacy, but it is not expected to be fully deployed
before mid-2008.

Ban told journalists he had obtained Sudanese President Omar al-Beshir's
'commitment and readiness' to clear the way for the deployment of UN
peacekeepers and said that 'time is of the essence' as fighting continues.."

iii. "Sudanese Bar Association Submits Opened Letter to UNSG Ban Ki Moon,"
Sudanese Media Center, 6 September 2007,
http://www.smc.sd/en/artopic.asp?artID=17955&aCK=EA

"Sudanese Bar Association SBA presented an opened letter to UN secretary
general Ban Ki Moon who is currently visiting the country. The letter
however has urged the UN secretary general to adopt positive and effective
role to enhance resolving Darfur dispute in order to block the road before
US administration policy that targets the unity of the country.

The SBA calls for implementation of UN charter stipulated respecting
sovereignty of states and their independence. In the same development the
letter told UN secretary general that UNSC resolution referring suspects in
Darfur conflict to International Criminal Court ICC was unjustified action.
The letter reminded that Sudan did not ratify ICC convention, it highlighted
that Sudan judiciary is fair and competent to maintain justice in all types
of crimes."

III. ICC PROSECUTOR URGES SECRETARY GENERAL TO PUSH FOR ARRESTS DURING VISIT
TO SUDAN
i. "UN must pressure Sudan on Darfur suspects: ICC prosecutor," by Frederic
Bichon (Agence-France Presse), 3 September 2007,
http://news.yahoo.com/s/afp/20070903/wl_africa_afp/iccundarfursudan_07090317
2555
"The UN must pressure Sudan to bring to justice two suspects wanted over
atrocities committed in Darfur, the International Criminal Court's
prosecutor said in an interview with AFP Monday.
Prosecutor Luis Moreno-Ocampo made the comments as UN Secretary General Ban
Ki-moon arrived in Khartoum ahead of a massive joint UN-African Union
peacekeeping operation in the strife-torn Sudanese region of Darfur.
Moreno-Ocampo met Ban on Wednesday in New York.
'I asked him to bring up the arrest warrants,' he said.
Countries that are members of the ICC must also do more on the issue, he
said.
'This is the law ... The state parties have to assume their
responsibilities,' he said. 'In four years, the court has become
operational, more mature. We want to go farther, we have to get more
support. We need consistency.'
.'Haroun displaced these people, and now he controls them,' said
Moreno-Ocampo, adding that 'concentration camps' have resulted.
'It was not a tsunami' but people who have caused the humanitarian crisis in
the region, he said.
'Executing the law will help to solve the situation,' he said. 'If not,
we're encouraging the hardliners.'
Before Wednesday's meeting with Moreno-Ocampo, Ban told reporters: 'This is
a very important issue. The ICC has issued the warrant of arrest for two
people in Sudan and I'm going to discuss this matter with the president of
the ICC.'
Since taking office in January Ban has made the Darfur crisis his top
priority and will seek to ensure during his Sudan visit that the 26,000
strong UN-AU force can be deployed quickly and effectively to protect
beleaguered civilians.
He is to meet officials in Juba in southern Sudan and Al-Fasher in Darfur
before meeting President Omar al-Beshir in Khartoum on Thursday. He is then
to visit Chad and Libya.
Some have expressed concerns that the ICC's Darfur work is being sidelined.
The International Federation for Human Rights in August welcomed the
approval of the UN-AU force, but said Sudan's cooperation with the ICC must
also be stressed.
Moreno-Ocampo said he wants the arrest warrants to be addressed at two
international conferences later this month in New York, with one
specifically dedicated to Darfur.
Further delays in executing the warrants would add to the suffering of
victims who must serve as witnesses, he said. Some have been placed under
witness protection, which often means being isolated from their families."
ii. "ICC urges UN chief to press Sudan to arrest war crimes suspects," Sudan
Tribune, 31 August 2007, http://www.sudantribune.com/spip.php?article23523

".Sudanese President Omar al-Bashir needs to be told 'there are two arrest
warrants of the ICC outstanding, including one against a minister, that
Sudan is a member of the United Nations and has the obligation to enforce
these arrest warrants,' said Beatrice Le Fraper Du Hellen, who deals with
the court's relations with other countries.."

IV. SG SPOKESMAN ON BAN'S VISIT TO DARFUR

Federal News Service distributed a transcript on 31 August 2007 of a media
stakeout with Ms. Marie Okabe, Spokeperson to the UN SG and Margareta
Wahlstrom, the Assistant Secretary-General for Humanitarian Affairs and
Deputy Emergency Relief Coordinator. The link to the transcript is not
available

"MARIE OKABE: Good afternoon. Our guest at the noon briefing today,
shortly, is going to be Margareta Wahlstrom, the Assistant Secretary-General
for Humanitarian Affairs and Deputy Emergency Relief Coordinator, who will
update you on the humanitarian situation in Sudan and in Darfur on the eve
of the Secretary-General's visit to Sudan. That trip will also take him to
Chad and to Libya.."

.MARIE OKABE: Again, I don't have a direct comment on what came out in the
press today but I know the Secretary-General has, in his recent meetings and
conversations with both those leaders, discussed Darfur. And I think they
are working on the same page and trying to consolidate the progress that is
being made.

QUESTION: On Darfur, does the Secretary-General insist that the Khartoum
Government hand over indicted war criminals?

.MARIE OKABE: I think the issue that there can be no impunity is one that
will be raised during his visit there.

QUESTION: But with regards to Sudan, does the Secretary-General insist that
Khartoum hand over alleged war criminals indicted by the Criminal Court?

MARIE OKABE: Well, the Criminal Court, as you know, has an indictment out
and the Secretary-General obviously supports the actions of the ICC. As
Michele mentioned to you the other day, the Secretary-General did meet with
the ICC Prosecutor just recently and they discussed this matter.

QUESTION: But he didn't say whether he was going to bring this up with the
President. He was asked and he didn't answer that question. And since he's
going to Sudan, the fact that he supports the Court is one thing, but --

MARIE OKABE: Let's get a readout for you after his meeting with the
President.

QUESTION: Since there are so many unanswered questions related to this
phosgene incident, would it be possible, since we're now heading for a long
weekend and all, that someone could come in from Security and brief us on
Tuesday or Wednesday of next week?

MARIE OKABE: Well, as you know, right now, we've just asked, the
Secretary-General has asked Mr. Veness and Alicia Barcena to come back. So
he's ordered an investigation and he's asked those two to come back. So
let's see how the investigation goes. I think right now the investigation
will be looking into a lot of the questions we have and what they'll be
looking into is spelled out in the Secretary- General's statement.."

V. SUDANESE OPPOSITION PARTIES ON HUMAN RIGHTS ABUSES- HARUN TO CO-CHAIR
COMMITTEE TO INVESTIGATE CRIMES IN DARFUR

i."Sudan Opposition Parties Censure State Panel Probing Abuses," BBC
Monitoring, 4 September 2007, [link unavailable]

Opposition political parties have described as useless the investigation
committee on human rights violations and breaches of the transitional
constitution set up by the [ruling] partners last Saturday [1 September].

They said this was particularly true in view of the fact that laws which
conflicted with the transitional constitution such as the security, criminal
and police laws, were still in force.

... Meanwhile, the MP and human rights activist Salih Mahmud has described
the membership of the State Minister Ahmad Harun [who has been indicted by
the International Criminal Court over Darfur war crimes] in the
investigation committee into violations of human rights as a reflection of
the government's lack of seriousness.

He said that, although every suspect was innocent until proven guilty, from
a legal point of view, anybody surrounded by suspicion regarding human
rights violations, should decline membership of any committee.."

ii. "Darfur war crimes suspect leads Sudan rights probe," Sudan Tribune, 6
September 2007,
http://www.sudantribune.com/spip.php?article23616

"Rights activists on Wednesday criticised a move by Sudan's government and
its main political partner to authorise a committee headed by a Darfur war
crimes suspect to investigate human rights complaints.

The committee was initially set up by the ruling National Congress Party
(NCP) and the Sudan People's Liberation Movement (SPLM) of former southern
rebels to monitor the security situation between the country's north and
south.

Ann Itto, a co-chair of the committee, said Ahmed Haroun would help launch
its new initiative to probe human rights violations in Darfur, a role
approved by both parties at the weekend.

Haroun, a junior minister from the NCP, is one of two people accused by the
International Criminal Court of committing war crimes in Sudan's Darfur
region.

The committee, comprised of representatives from the ruling party and former
southern rebels who in 2005 signed a peace deal with Khartoum to end over
two decades of north-south civil war, will investigate rights infractions
raised by either side.

Opposition politicians said they were outraged that Haroun was heading the
committee.

'By allowing Haroun to co-chair this committee, Sudan wants to send the
signal that it does not recognise the decision of the ICC,' said Kamal Omar,
a lawyer and human rights activist.

He said Haroun's presence on the committee means it will have 'no
credibility,' and added that it further demonstrated the ruling party's
disregard for human rights.

... A spokesman for the SPLM said it was 'unfortunate' that Haroun was
sharing leadership of the committee with them.

'This is a mockery of justice. It would have been better not to form this
commission,' SPLM spokesman Samson Kwaje said. 'They are making a joke out
of it. They are not serious.'

Itto, Haroun's SPLM co-chair on the committee, said her party had no right
to reject Haroun's role on the committee."

*********

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
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develop partnerships with local and other organizations in the course of
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Communications to the ICC can be sent to:

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