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Darfur, Part I: Ban Ki-Moon revealed talks on ICC-indictees; SG Update Report on Sudan; Sudanese Minister of Justice Al-Mardi said not concerned by Interpol Red Notice; OTP-ICC Press Release; Le Monde; HRW and Op-ed

20 Sept 2007

Dear all,

Please find below the first of two digests with information on recent
developments related to the International Criminal Court's investigation in
Darfur, Sudan.

This first digest includes excerpts of media reports informing that UN
Secretary General Ban Ki-Moon revealed he raised with President Al-Bashir
the Sudanese government’s refusal to hand over the two suspected Darfur war
crimes criminals to the ICC; a Security Council Update report on
Darfur/Sudan; a statement from the Sudanese Minister of Justice Ali
al-Mardi on the recent Red Notice issued by Interpol; a press release from
the ICC Office of the Prosecutor stating that “Justice must be at the top of
our agenda”; excerpts of an interview with Mr. Jean-Marie Guehenno,
Under-Secretary-General for Peacekeeping Operations; a Human Rights Watch
press release stating that “as the United Nations and African Union prepare
to deploy the world’s largest-ever peacekeeping mission to Darfur, Sudanese
government forces, allied ‘Janjaweed’ militia, rebels and former rebels have
free rein to attack civilians and humanitarian workers in Darfur”; and an
opinion article published by The Washington Post.

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. UNSG BAN REVEALED TALKS ON ICC-INDICTEES

i. “Ban reveals talk with Sudan on war crimes suspects,” Reuters, 18
September 2007
http://www.reuters.com/article/worldNews/idUSN1845941920070918?sp=true

“U.N. Secretary-General Ban Ki-moon disclosed on Tuesday he had raised with
Sudan's president the Khartoum government's refusal to hand over two
suspected Darfur war criminals to an international court.

‘I raised this issue with President (Omar Hassan) Bashir more than once in a
private conversation,’ Ban, who visited Sudan earlier this month, told a
news conference.

‘As my meeting was done in private conversation, I should prefer not to
disclose all the details,’ he said. ‘But ... I will continue to raise and
discuss this matter.’

The Hague-based International Criminal Court in May charged Ahmad Harun with
organizing, funding and arming militia to stop rebels from attacking the
Sudanese army. The militia then wiped out villages and are now fighting each
other over the spoils….”


ii. “UN chief says raised ICC demand of Darfur war crimes suspects,” Sudan
Tribune, 18 September 2007
http://www.sudantribune.com/spip.php?article23822

“U.N. Secretary-General Ban Ki-moon disclosed on Tuesday he had raised with
Sudan’s president the Khartoum government’s refusal to hand over two
suspected Darfur war criminals to an international court.

…Harun is now the minister of state for humanitarian affairs, which ICC
prosecutor Luis Moreno-Ocampo says is akin to putting the man in charge of a
crisis he helped foment.”


iii. Transcript Of Press Conference By Secretary-General Ban Ki-Moon At
United Nations Headquarters, 18 September 2007
http://www.un.org/News/Press/docs/2007/sgsm11164.doc.htm

“The Secretary-General: Good morning, ladies and gentlemen. It is a great
pleasure to meet all of you today. I know this room is quite packed. I see
some of the travel companions who travelled with me to Africa. I hope you
are all well recovered from your very hectic trip.

….. Regarding Darfur, I am going to chair, together with African Union
Chairperson [Alpha Oumar] Konaré, this high-level meeting. I hope that we
will be able to map our strategy and road map for the forthcoming political
negotiations scheduled in Libya on October 27th. This will mark just one
more step forward, and we will need to redouble our efforts, so as not to
lose the positive momentum, which we have been able to create.

.... Thank you very much, and I will be pleased to answer your questions.

.... Question: Mr. Secretary-General, you have several meetings coming up.
You talked a little bit about your expectations about the meeting on Friday
on Sudan. Could you…?

The Secretary-General: Friday, yes.

Question: Friday, on Darfur. You expressed concern yesterday about recent
fighting. How concerned are you that that could sabotage the outcome of the
conference next month? And could you also just briefly give us your
expectations for the meetings on Iraq and Afghanistan, which you didn’t
mention?

The Secretary-General: When I met with President [Omer al-]Bashir in Sudan,
I urged him that, as we have come to this agreement or understandings -- a
very difficult way, a long way -- Sudan’s Government should make utmost
efforts to manage this path with utmost care. This process has been and
will be very fragile. The whole international community must nurture this
process. For that, he must commit to this cessation of hostilities and
protect all humanitarian workers -- and humanitarian assistance should be
flowing without any hindrance -- and protect and respect human rights.
These are what I have emphasized. I was very much concerned about all this
recurrence of violence.

Now, through the high-level meetings on Friday, we would like to, first of
all, engage in mapping out a strategy and road map for this forthcoming
political negotiation, how to expedite deployment of a hybrid operation, how
to discuss about the ways to make this political negotiation a successful
one and talk about developmental issues. Those are what we aim to achieve
at the end of this meeting. Of course, an important part of the political
negotiation will have to be dealt with during the Libya meeting.

..... Question: Mr. Secretary-General, I have a question about the Sudan
and the ICC [International Criminal Court]. How did President Bashir
respond when you asked him to hand over the suspects to the ICC, and what do
you think the consequences should be if he continues not to comply?

The Secretary-General: I raised this issue with President Bashir more than
once in a private conversation. As my meeting was done in private
conversation, I should prefer not to disclose all the details of my
discussions. But you should know that I am fully committed to justice and
peace. I will continue to raise and discuss this matter.

Question: [inaudible].

The Secretary-General: But, as this issue was discussed in overall
discussions on peace and security and justice, I believe that justice is a
part of the peace process and justice and peace should go hand in hand.
But, for a certain period, certain occasions, there are certain issues which
need to be kept confidential for the purpose of promoting and making
progress on those issues. But, as far as I am concerned as the
Secretary-General, you have my full commitment on these issues.

......

Question: Mr. Secretary-General, since, as you just reminded us, you have
established direct communication with President Bashir of Sudan: the alarm
you expressed yesterday about episodes of violence in Darfur, have you
communicated that directly to him? Have you received any assurances from
the Sudanese Government that it will not happen again? And finally, also on
Darfur: the meeting on Friday, will there be anybody there representing the
rebel groups or any rebel group?

The Secretary-General: First of all, this meeting is not with the rebel
groups. They will be invited to a political negotiation, which will be held
on 27 October. This meeting is an enlarged contact group high-level meeting
on Darfur. On the first part of your question, I have not directly spoken
with President Bashir at this time on this issue, but I hope that he has
heard my statement and my concern clearly. ….”


II. SECURTY UPDATE REPORT ON DARFUR/SUDAN

Some excerpts of interest in the Update Report No. 2 on Sudan, issued on 18
September 2007:
http://www.securitycouncilreport.org/site/c.glKWLeMTIsG/b.3213567/k.5460/Sep
tember_2007BRDarfurSudan.htm

“An underlying issue, which has been left in a low-key status while
political accommodations were being forged, is how and when to address the
outstanding justice and reconciliation issues. (The Council's referral of
the situation in Darfur to the International Criminal Court (ICC) in
resolution 1593 took place in March 2005. The Council also then decided that
"the Government of Sudan and all other parties to the conflict in Darfur,
shall cooperate fully with and provide any necessary assistance to the Court
and the Prosecutor." For two and a half years the issue has been treated as
a matter for the Prosecutor and not for political action by the Council.
During this period the ICC machinery has been proceeding, with two
individuals already charged.)

But an important recent development is the appointment by Khartoum of ICC
indictee Ahmed Mohammad Haroun to head a national human rights committee.
This may be seen as evidence of a breach of resolution 1593 and bringing the
issue back to the political sphere thereby raising a consequential issue
regarding the need for the Council and the Secretariat to look into the
implementation of resolution 1593.

This development also seems to have brought to the surface a wider issue of
how best to harmonise other outstanding issues (including justice issues and
the future of the sanctions regime) with existing initiatives on Darfur,
including peacekeeping, political reconciliation and regional relations.
Important related questions include the cooperation of UNAMID and the future
mission in Chad and the CAR with the sanctions panel of experts and the
ICC.”


III. SUDAN ‘NOT CONCERNED’ BY INTERPOL RED NOTICES

i. “Sudan says unconcerned by Interpol's notice on paramilitary group
leader,” BBC Monitoring Middle East - Political Supplied by BBC Worldwide
Monitoring, September 19, 2007 (link not available)

“..The minister of justice, Muhammad Ali al-Mardi, has said that the
government is not concerned by the red notice issued recently by the
Interpol for the arrest of Ali Abd-al-Rahman, known as Ali Kushayb
[pro-government paramilitary Popular Defence Force leader], who is wanted by
the ICC [International Criminal Court] at The Hague on the grounds of
committing crimes against humanity in Darfur.

"Our position is firm and clear. We will not deal with the ICC," the
minister told reporters yesterday. "It makes no difference if the notice is
green, red or multicoloured, it will not change the situation," he added.
Al-Mardi declined to give details on the petition lodged by Kushayb several
months ago appealing the charges levelled against him of involvement in the
incidents of Dolayb area. "I never discuss cases under consideration," was
all the minister had to say about the matter…”


IV. ICC-OTP PRESS RELEASE: "JUSTICE MUST BE AT THE TOP OF OUR AGENDA”

i. ICC Press Release, issued on September 20, 2007, “ICC Prosecutor on
Darfur: ‘Justice must be at the top of our agenda”. Available only in
English and French.
http://www.icc-cpi.int/press/pressreleases/275.html&l=en

“As world leaders prepare to convene at the United Nations, ICC Prosecutor,
Mr. Luis Moreno-Ocampo, is meeting key actors at the UN to discuss why
justice must be a priority for Darfur.

‘We must break the silence,’ he said at a press briefing at the UN. ‘This
week and next, when world leaders are meeting here at the UN, justice in
Darfur must be on the agenda, at the top of the agenda. In Darfur today,
there can be no political solution, no security solution, and no
humanitarian solution as long as the alleged war criminals remain free in
the Sudan’

On Friday at the UN, the Second High Level Consultation on Darfur will take
place. The meeting involves Ministers from more than 25 countries, as well
as high-level officials from the United Nations, the European Union, the
African Union and the League of Arab States. Just three days later, on
Tuesday 25 September, the UN General Assembly begins its general debate and
French President Nicolas Sarkozy will chair a UN Security Council meeting
with Heads of State on peace and security in Africa.

In February 2007, the Office of the Prosecutor unveiled how former Sudanese
Minister of State for the Interior Ahmad Harun developed a system, working
with Militia/Janjaweed, to attack the civilian population of Darfur and
force millions of people into camps. In April 2007, Judges at the ICC
issued arrest warrants for Ahmad Harun and Militia/Janjaweed leader Ali
Kushayb, for 51 counts of crimes against humanity and war crimes. The
Government of the Sudan has not arrested and surrendered Ahmad Harun. "They
are denying Ahmad Harun's crimes. The world cannot share in this denial" the
Prosecutor said.

Since 2005, Ahmad Harun, as Minister of State for Humanitarian Affairs, has
had authority over the camps and has controlled the flow of humanitarian
aid. Reports by the UN High Commissioner for Human Rights and others point
to deteriorating conditions in the camps: men being killed and women raped
if they venture outside the camps; regular attacks against humanitarian aid
workers. There is also information that men, women, and children are being
expelled from some of the camps with no place to go and no means of
survival. ‘Ahmad Harun is not protecting the camps; he is controlling them.

He forced millions into those camps; and he still controls them. He must be
stopped; he must be arrested. This is my goal. This is the Court's goal.
This must be our shared goal,’ the Prosecutor said.

The International Criminal Court is an independent, permanent court that
investigates and prosecutes persons accused of the most serious crimes of
international concern: genocide, crimes against humanity and war crimes.

The Court is currently investigating four situations - Northern Uganda, the
Democratic Republic of the Congo, Darfur (Sudan) and the Central African
Republic.”


V. INTERVIEW WITH J.M GUEHENNO BY THE FRENCH NEWSPAPER LE MONDE

i. “United Nations' Under-Secretary-General for Peacekeeping Operations: Les
Européens tardent à s'engager pour le Darfour,” by Philippe Bolopion (Le
Monde), 19 September 2007
http://www.lemonde.fr/web/article/0,1-0@2-3212,36-956944@51-947123,0.html200
7

Excerpt: [...] Are you disappointed with the lack of aid from western
countries?
[J.M. Guehenno]It is true there are not a lot of offers coming from European
countries right now.

Some are thinking, Nordic countries are ready to commit themselves, but we
do not have any concrete offers [...]. This is bad for the force.

Could the Peacekeepers use force to protect civilians?
[J.M. Guehenno] Of course. The protection of civilians is at the center of
their mandate. But what will be essential to the success of the mission is
the capacity to implement this mandate: mobility, willingness from donor
countries contributing troops to apply this mandate and the strategical
cooperation from different actors, notably the Sudanese government.

Do you trust the validity of the Sudanese government’s promises?
[J.M. Guehenno] We can never judge intentions. There is a commitment, taken
before the international community. Sudan is the one that has the most to
gain by a successful force. The conflict in Darfur badly damages its
reputation. [...]

Will the peacekeepers cooperate with the International Criminal Court in
order to arrest war criminals?
[J.M. Guehenno] The issue of impunity is crucial, it cannot be forgotten. At
the same time, the peacekeeping force has its own specific mandate, which is
different.

NOTE: The above translation from French is unofficial and provided by the
CICC Secretariat, and should not be used for quoting in any official
document

VI. HRW: PRESS RELEASE: CIVILIANS UNDER ATTACK IN SCRAMBLE FOR DARFUR

i. “Sudan: Civilians under Attack in Scramble for Darfur: UN Should Impose
Sanctions If Khartoum Continues Attacks, Obstruction,” Human Rights Watch
Press Release, 20 September 2007
http://hrw.org/english/docs/2007/09/19/darfur16905.htm

“As the United Nations and African Union prepare to deploy the world’s
largest-ever peacekeeping mission to Darfur, Sudanese government forces,
allied ‘Janjaweed’ militia, rebels and former rebels have free rein to
attack civilians and humanitarian workers in Darfur, Human Rights Watch said
in a report released today.

The situation in Darfur has evolved from an armed conflict between rebels
and the government into a violent scramble for power and resources involving
government forces, Janjaweed militia, rebels and former rebels, and bandits.
But these complexities should not deflect attention from Khartoum’s
responsibility for indiscriminate aerial and ground attacks, complicity in
Janjaweed attacks against civilians, failure to hold rights abusers
accountable, and its unwillingness to establish a policing force that can
protect civilians.

‘The new peacekeeping mission in Darfur will need the resources and
political support to protect civilians,’ said Peter Takirambudde, Africa
director at Human Rights Watch. ‘Targeted sanctions should be imposed on
Sudan if it obstructs peacekeepers and allows attacks on civilians.’

….. Finally, the Sudanese authorities should end impunity through full
cooperation with the International Criminal Court (ICC), including the
carrying out of arrest warrants. It should promote accountability by
undertaking legal and other reforms to strengthen Sudan’s justice system.

In early September, however, the Sudanese government audaciously nominated
an international war crimes suspect to co-chair a committee to hear human
rights complaints in Darfur. Ahmed Haroun, who also serves as the state
minister for humanitarian affairs, is one of two men facing arrest warrants
for war crimes and crimes against humanity by the ICC (please see:
http://hrw.org/english/docs/2007/05/02/sudan15822.htm). …”


OPINION ARTICLE

i. “For Darfur, Accountability Before Peace,” by Frank Donaghue from PFHR,
published by The Washington Post, 19 September 2007
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/18/AR2007091801
826.html

“During Mr. Ban's recent trip to Sudan, President Omar al-Bashir named Ahmed
Haroun, the Sudanese minister for humanitarian affairs, who is accused by
the International Criminal Court of war crimes in Darfur, to co-chair an
investigation into human rights violations there. Mr. Ban's silence about
this outrageous appointment, as well as his failure to make justice a
prerequisite for peace, is troubling.

The secretary general must pressure Sudan to arrest those accused of war
crimes in Darfur, such as Mr. Haroun, and deliver them to The Hague.
Upcoming peace talks will fail if reparations and accountability are not on
the table.

The secretary general and the U.N. Security Council must put them there.”

*********
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
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develop partnerships with local and other organizations in the course of
their efforts.

Communications to the ICC can be sent to:
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