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Sudan: Egeland Denied Access; Developments in Security Council; Arab

06 Apr 2006

Dear All,

Please find below information on developments related to the International
Criminal Court's investigation and the situation in Sudan:

(1) EGELAND DENIED ACCESS TO SUDAN: Under-Secretary-General for Humanitarian
Affairs, Jan Egeland, has been denied access to Sudan. Secretary-General Kofi
Annan is seeking to speak with Sudanese President al-Bashir on this matter. This
could have implications for cooperation with the ICC.

(2) DEVELOPMENTS IN THE SECURITY COUNCIL: (a) US opposition may force Britain to
remove any Sudanese government officials from a first list of names slated for
United Nations sanctions over war crimes in Darfur. A senior US official said
the US was nevertheless willing to co-operate with the ICC. (b) The UN Security
Council passed a resolution on 24 March calling for a more speedy transfer from
the African Union (AU) to the UN. (c) During a report to the Security Council on
the situation in Sudan, Special Representative Jan Pronk noted that "Since the
International Criminal Court (ICC) indictments at the end of last year, LRA
attacks have increased."

(3) ARAB LEAGUE SUMMIT: The Arab League Summit took place on 28 March 2006.
Prior to the summit, several human rights groups issued a joint press release in
which they "call upon Khartoum to cooperate with efforts to hold accountable
those responsible for serious violations of human rights and humanitarian law in
Darfur, including by cooperating fully with and providing free access to the
International Criminal Court, which is investigating war crimes and crimes
against humanity in Darfur."

(4) AFRICAN UNION PEACE AND SECURITY COUNCIL: The African Union Peace and
Security Council in its Communique and Report on 13 March "Urges the Government
of the Sudan and the rebel movements, to cooperate with the Office of the
Prosecutor of the International Criminal Court (ICC) as called for by UN
Security Council Resolution 1593 (2005) of 31 March 2005 and to take all
necessary steps to combat impunity to ensure lasting peace and reconciliation in
Darfur, and requests the Commission to cooperate with the ICC." Since, Sudanese
officials (Foreign Minister Lam Akol and Vice President Ali Osman Taha) have
argued that the report is ambiguous and have opposed the reference to the ICC.

(5) NGO MEDIA STATEMENTS: (a) FIDH and SOAT have recently issued a "call for the
active cooperation of Sudan with the International Criminal Court"; (b) a
coalition of international and Arab human rights organizations and the Arab
Center for the Independence of the Judiciary and the Legal Profession both
issued statements in advance of the Arab League Summit.

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.

Warm Regards,
Esti Tambay
Information and Analysis Officer
Coalition for the International Criminal Court

**********************************************
A. EGELAND DENIED ACCESS TO SUDAN

1. UN News Service, "Annan to Speak to Sudan's President Over Ban On UN Relief
Chief's Trip to Darfur" - 4 April 2006
http://www.un.org/apps/news/story.asp?NewsID=18060&Cr=Sudan&Cr1=

"Secretary-General Kofi Annan is seeking to speak to Sudanese President Omar
Hassan Ahmed al-Bashir after his Government banned a visit by the top United
Nations relief official to the Darfur region, where fighting between the
Government, pro-government militias and rebels has killed scores of thousands
and up-rooted millions.

Under-Secretary-General for Humanitarian Affairs Jan Egeland's plane was refused
permission to land on Sunday at the start of what was to have been a five-day
visit to Africa's largest country, where the UN is heavily involved in trying
both to ease the Darfur crisis and to promote the rehabilitation of the recently
pacified South. [...]

"The Secretary-General regrets that the Under-Secretary-General for Humanitarian
Affairs and Emergency Relief Coordinator, Jan Egeland, was not permitted by the
Government of Sudan to visit Darfur," a statement issued by Mr. Annan's
spokesman said. "The pressing and urgent humanitarian requirements of Darfur are
a priority for the United Nations and coordination efforts to sustain this large
programme were at the centre of Mr. Egeland's visit. "The Secretary-General will
be seeking to speak to President Omar Hassan Ah-med al-Bashir on this matter,"
the statement added. [...]

An enquiry set up by Mr. Annan found that there had been war crimes and crimes
against humanity committed by both sides, but primarily by Government forces and
militias. It referred a list of 51 as-yet undisclosed names to the International
Criminal Court (ICC) for possible prosecution. [...]

2. UN News Service, "Sudan Bans UN Emergency Relief Chief's Plane; Mission
Protests to Government" - 3 April 2006
http://allafrica.com/stories/200604030734.html

"The United Nations Mission in Sudan (UNMIS) today protested against the
Government's refusal to let UN Emergency Relief Coordinator Jan Egeland's plane
land yesterday in the country, which is suffering serious humanitarian problems
in its conflict-torn western Darfur region as well in the recently pacified
South. [...]

"UNMIS regrets the decision of the Government of Sudan not to welcome the
visit," the mission said in a statement. "In addition, the Wali (governor) of
South Darfur stated that he strictly opposes Mr. Egeland's visit."The Sudanese
Permanent Representation to the United Nations in New York further stated that
Mr. Egeland would be welcome neither in Darfur nor in Khartoum where he had
planned to have discussions with the authorities," the statement added. [...]"

**********************************************
B. DEVELOPMENTS IN THE SECURITY COUNCIL

1. Financial Times, Mark Turner at the United Nations, Guy Dinmore in Washington
and Andrew England in Nairobi, "US opposes British list for Sudan war crime
sanctions" - 5 April 2006
http://news.ft.com/cms/s/07d9c93a-c4f7-11da-b7c1-0000779e2340.html

"US opposition may force Britain to remove any Sudanese government officials
from a first list of names slated for United Nations sanctions over war crimes
in Darfur.

Diplomats said on Wednesday that the list would be circulated shortly to the UN
Security Council. If there were no objections it would be adopted 48 hours
later. But as of Wednesday an original British proposal to list eight people had
been whittled down to two - one Darfur rebel and one government-backed
"janjaweed" militiaman - after it was found that one of the individuals had
died, and Washington failed to give a green light for the others to be included.

Indicating differences within Washington, a Bush administration source said the
State Department was pushing very hard to include more names on the list but
there was resistance from other US agencies, including the Treasury. Benjamin
Chang, spokesman for the US mission to the UN, insisted that whatever names
emerged only constituted "a first step" in bringing those responsible to
justice. "There is a process of making sure all the necessary information is
gathered."

A senior US official said the US was willing to co-operate with the
International Criminal Court on bringing to justice those responsible for
genocide, even though the US was not a party to the ICC. But there are concerns
among diplomats that a failure to include Sudan government officials in its
first salvo will open the Security Council to charges of weakness before
Khartoum's continued intransigence. [...]

Even if the US and the UK agree a joint list, China said on Tuesday that now was
not the time to impose sanctions, and is likely to be backed by Qatar and
Russia. [...]"

2. World Markets Analysis, Anoushka Marashlian, "UN Calls for Speedy
Peacekeeping Transfer from AU in Sudan's Darfur Province" - 27 March 2006
(Link not available)

"The United Nations Security Council passed a resolution on Friday (24 March)
calling for a more speedy transfer from the African Union (AU) to the United
Nations (UN), citing a deteriorated security situation in Sudan's Darfur
province. The resolution also extended the mandate of the UN mission in south
Sudan (UNMIS). [...]

The Sudanese government remains opposed to the prospect of a UN troop deployment
to its troubled western province, saying that an international presence there
would aggravate an already volatile situation. High-level Sudanese officials and
military intelligence are being investigated by the International Criminal Court
for human rights abuses in Darfur. [...]

3. Statement by Jan Pronk (Special Representative of the Secretary-General for
the Sudan and Head of the United Nations Mission in the Sudan) to Security
Council, Meeting Record (S/PV.5392), Monthly report of the Secretary-General on
Darfur (S/2006/148) and Report of the Secretary-General on the Sudan(S/2006/160)
- 21 March 2006
http://daccessdds.un.org/doc/UNDOC/PRO/N06/277/90/PDF/N0627790.pdf?OpenElement

"[...] A third concern is the continuing presence of the LRA in southern Sudan.
This has forced UNMIS to maintain a high security alert that restricts many
operations. The LRA continues to loot and to kill the local population. Since
the International Criminal Court (ICC) indictments at the end of last year, LRA
attacks have increased. Humanitarian workers have been killed. Three attacks on
compounds in Yambio, Yei and this weekend again in Yambio took place. While on
the one hand there is a need to create space for a political solution, on the
other we must strengthen our capacity to protect and defend and to confront LRA
support mechanisms within and outside of Sudan. [...]"

**********************************************
C. DEVELOPMENTS AT THE ARAB LEAGUE SUMMIT

1. Agence France Presse, "Arab leaders agree funding for AU force in Darfur" -
29 March 2006
(Link not available)

"[...] Arab leaders stopped short of an outright rejection of wider
international intervention in the conflict, but said any deployment of any other
troops should have the approval of the government in Khartoum. [...]

"We will never accept the entry of international forces in Darfur without
agreement on our part," Beshir said in an interview with Al-Jazeera television.
"There are no collective massacres in Darfur, but clashes that have caused
victims," Beshir said, dismissing allegations of genocide made by several
Western countries. [...]

The Arab summit move followed a vote in the UN Security Council on Friday to
speed up plans to deploy peacekeepers to replace the AU mission. But Sudanese
Foreign Minister Lam Akol had demanded Arab funding for the AU mission to block
"attempts to hand over its tasks to international forces." [...]

The International Criminal Court has told the Security Council it has enough
evidence of killing, rape and destruction in the war-ravaged region to warrant
bringing suspects to trial. But the Sudanese government established its own
special court in June to try Darfur criminals and has vehemently maintained its
right to handle the case domestically."

2. Agence France Presse, "Rights groups urge Arab summit to support UN force in
Darfur" - 27 March 2006
(Link not available)

"The Arab League should support calls for the deployment of a UN force in
Sudan's war-torn western region of Darfur and encourage Khartoum to accept the
motion, rights groups urged Monday.

"The Arab League has rightly condemned attacks on civilians across the re-gion,
but it has remained silent about Sudan's atrocities in Darfur," a coalition of
Arab and international human rights groups said. "This time, Arab leaders must
put the interests of Sudan's people first and support the transition to a UN
force in Darfur," the coalition, including the New York-based Human Rights
Watch, said in a statement on the eve of an Arab summit in Sudan. [...]

The statement further called on the Arab leaders to "condemn violations of
international human rights and humanitarian law by the Sudanese government,
government-backed militias and rebel groups in Darfur." Arab leaders, it said,
ought to "insist that the Sudanese government cease attacks on civilians support
to abusive militias."

They must "call upon Khartoum to cooperate with efforts to hold accountable
those responsible for serious violations of human rights and humanitarian law in
Darfur, including by cooperating fully with and providing free access to the
International Criminal Court, which is investigating war crimes and crimes
against humanity in Darfur," the rights groups urged. [...]"

**********************************************
D. AFRICAN UNION PEACE AND SECURITY COUNCIL AND COMMENTS BY SUDANESE GOVERNMENT
OFFICIALS

1. BBC Monitoring Africa, "Sudanese foreign minister comments on Darfur, other
issues" - 22 March 2006
http://aawsat.com/english/news.asp?section=1&id=4429

"Text of interview with Sudanese Foreign Minister Lam Akol conducted by Muhammad
al-Hassan in Khartoum headlined "Akol tells Al-Sharq al-Awsat: Washington cannot
establish diplomatic relations with Southern Sudan except through Khartoum" by
London-based newspaper Al-Sharq al-Awsat website on 22 March

[Ahmad] You welcomed the decision issued by the African Peace and Security
Council and you expressed this on more than one occasion. A ministerial
committee was then set up under your chairmanship to study what was described as
ambiguity. During a National Congress Party meeting, President Al-Bashir
criticized that decision. How do you explain this?

[Akol] I would like to stress that there is one position on this issue. Some
might have selected the parts that suit them. I would like to say that the
decision has positive as well as negative aspects. We have found positive points
in several areas. [...]

As for the negative aspects, these are represented by the fact that Sudan's
opinion about the need to close the door for foreign interference was either
ignored or left undecided. The decision said that in principle it is possible to
shift the task from the AU to the UN without understanding that this period is a
period of preparation for transfer to the UN.

The second negative point is the criticism levelled at Sudan like talk about the
demonstrations which harm the international community and the UN and what they
call the harm done to the AU. Another negative point is the reference to the
International Criminal Court, which has nothing to do with the AU. As for the
ambiguity referred to, I would like to say that the Council of Ministers said
the decision has some positive aspects but there is ambiguity in some
paragraphs.

There are several examples on this ambiguity. One is that at a time when the
African Peace and Security Council talks about agreement in principle, it talks
in other paragraphs about the need to coordinate with the UN secretary-general
and start work on a transitional plan. The Council of Ministers concluded that
there are positive points as well as ambiguous ones in the decision and they
must be cleared up. Therefore, a committee has been set up to accurately study
the statement so that the government can build its position on a clear basis.
[...]"

2. African Union, "Communiqué and Report of the 46th Meeting of the Peace and
Security Council" - 13 March 2006
http://allafrica.com/stories/200603130838.html

"The Peace and Security Council (PSC) of the African Union (AU), at its 46th
meeting, held on 10 March 2006, adopted the following decision on the situation
in Darfur, Council, [...]

2. Decides to support in principle the transition from AMIS to a UN Opera-tion,
within the framework of the partnership between AU and the United Nations in the
promotion of peace, security and stability in Africa;

3. Decides to extend the mandate of AMIS until 30 September 2006 [...]

iv) Demands that the parties cease all acts of violence and atrocities on the
ground, particularly those committed against the civilian population,
humanitarian workers and agencies and AMIS personnel, and to fully comply with
their commitments [...]

ix) Urges the Government of the Sudan and the rebel movements, to cooperate with
the Office of the Prosecutor of the International Criminal Court (ICC) as called
for by UN Security Council Resolution 1593 (2005) of 31 March 2005 and to take
all necessary steps to combat impunity to ensure lasting peace and
recon-ciliation in Darfur, and requests the Commission to cooperate with the
ICC, [...]"

3. Agence France Presse, "Sudan renews rejection of UN forces in Darfur" - 14
March 2006
(Link not available)

"Khartoum on Tuesday renewed its opposition to the deployment of UN forces in
Sudan's war-torn Darfur region saying any UN role there should be restricted to
development. "Our unchanged position is absolute rejection of sending
international forces to Darfur even if no peace agreement is reached there,"
Vice President Ali Osman Taha told journalists. [...]

AU foreign ministers on Friday decided to extend the current AU mission in
Sudan's western region for six months, but also agreed in principle to
eventually transfer the mission in Darfur to the United Nations.
Taha also renewed Khartoum's opposition to seeing Sudanese suspected of
com-mitting war crimes or crimes against humanity in Darfur tried by the
interna-tional criminal court.

"We unequivocally reject the trial of any Sudanese suspected of perpetrating a
Darfur conflict-related crime by the international criminal court and any such
suspect will be tried inside Sudan and in accordance with the Sudanese judicial
system," he said. [...]"

4. Sudan Tribune, "Sudan FM speaks about ambiguity in AU resolution on Darfur" -
14 March 2006
http://www.sudantribune.com/article.php3?id_article=14518

"Sudanese Foreign Minister, Lam Akol, has said the resolution of the AU Peace
and Security Council on Darfur was ambiguous on some aspects.

He said it was not part of the council's mandate to include the questions of the
International Criminal Court and the continuation of cooperation with the UN,
saying that if there was any role for the UN it would be considered after the
realization of peace, and in consultation with the Sudanese government to
specify whether such a mandate would be part of Article 6 or 7.

The African Union Peace and Security Council urged Friday 10 March "the
Government of the Sudan and the rebel movements, to cooperate with the Office of
the Prosecutor of the International Criminal Court (ICC) as called for by UN
Security Council Resolution 1593 (2005) of 31 March 2005 and to take all
necessary steps to combat impunity to ensure lasting peace and reconciliation in
Darfur, and requests the Commission to cooperate with the ICC". [...]"

**********************************************
E. MEMBER PRESS RELEASES

1. FIDH and SOAT, Press Release "Peace and Justice in Darfur: Victims' Rights
hijacked" - 3 April 2006
http://www.fidh.org/article.php3?id_article=3214

"While the human rights situation in Darfur is more and more alarming, FIDH and
its affiliated organisation SOAT (Sudan Organisation against Torture) condemn
the opposition of Sudanese authorities to the takeover of the mandate of the AU
by UN forces and call for the active cooperation of Sudan with the International
Criminal Court (ICC), one year after the Security Council referral of the
situation in Darfur to the ICC. [...]

Ø Moreover, FIDH and SOAT call the Security Council to clarify the wording
of the mandate it wants to give to the international forces, to include - under
Chapter VII of the UN Charter - the protection of the civil population and the
cooperation with the different organs of the International Criminal Court.

The absence of will of Sudan to settle the conflict in Darfur can also be
attested by the impunity of the authors of the most heinous crimes perpetrated
in the region. FIDH and SOAT have published a report 'The International Criminal
Court and Sudan: Access to Justice and Victims' Rights'
[http://www.fidh.org/IMG/pdf/SudanICC441-EN.pdf] www.soatsudan.org that presents
the interventions of representatives of civil society and of national
authorities during a seminar organised on 2-3 October 2005 in Khartoum on the
fight against impunity in Darfur and the consequences of the referral by the
Security Council to the ICC. On this occasion, civil society representatives
insisted on the importance of effective access to justice for victims of crimes
against humanity, genocide and war crimes before national and international
jurisdictions and recommended that Sudanese authorities not only cooperate
closely with the Court, but also strongly commit to the fight against impunity
on a national level, pursuant to the principle of complementarity.

However, the Special Court for Darfur, created in June 2005 to prosecute
perpetrators of war crimes committed in this region, has neither the will nor
the capacity to respond to the expectations of victims and civil society.

Moreover, noting the worsening of the situation in Darfur and the failure of
Sudanese judicial system, FIDH and SOAT consider that the intervention of UN
forces and international justice embodied by the ICC, is the only viable
solution to contribute effectively to bring an end to grave violations of human
rights and international humanitarian law that concern the entire international
community."

2. Cairo Institute for Human Rights Studies, Press Release on Arab League and
Sudan, "Arab League Should Back U.N. Protection Force in Darfur Summit in
Khartoum Must Not Turn a Blind Eye to Sudan's Atrocities" - 27 March 2006
http://www.cihrs.org/left_details_en.aspx?left_id=1

"At the Arab League summit in Khartoum, Arab leaders should endorse plans to
transform promptly the African Union's mission in Darfur into a United Nations
protection force, a coalition of international and Arab human rights
organizations said today. In addition, Arab officials should encourage their
Sudanese counterparts to accept the transition to a U.N. force. [...]

The Arab League has rightly condemned attacks on civilians across the region,
but it has remained silent about Sudan's atrocities in Darfur. This time, Arab
leaders must put the interests of Sudan's people first and support the
transition to a U.N. force in Darfur. In the past, Khartoum has used its
diplomatic skills to pressure the Arab League into overlooking Sudan's abuses in
Darfur. [...]

With attacks in Darfur increasing and violence spreading to Chad, the transition
to a U.N. force must begin right away. During the interim months, however, the
A.U. mission needs full funding and support. [...]

The coalition of international and Arab human rights organizations called on
Arab League leaders meeting at the summit to:

. Urge the Sudanese government to accept promptly and without conditions, a
transition to a U.N. mission in Darfur;
. Condemn violations of international human rights and humanitarian law by the
Sudanese government, government-backed militias and rebel groups in Darfur;
. Insist that the Sudanese government cease attacks on civilians and support to
abusive militias; and
. Call upon Khartoum to cooperate with efforts to hold accountable those
responsible for serious violations of human rights and humanitarian law in
Darfur, including by cooperating fully with and providing free access to the
International Criminal Court, which is investigating war crimes and crimes
against humanity in Darfur."

2.Arab Center for the Independence of the Judiciary and the Legal Profession
(ACIJLP), Press Release, "ACIJLP Pleads with the Arab Summit to Consider the
Independence of the Judiciary Authority and Joining the International Criminal
Court" - 27 March 2006
(Link not available)

"The Arab Center for the Independence of the Judiciary and the Legal Profession
(ACIJLP) addresses their Excellencies and Highness, Arab presidents and rulers
convening at the Sudanese capital Khartoum for the 18th session on 28 and 29
March, 2006, as well as to the President to the current session and the
Secretary General of the League of Arab States concerning the following:

- Many of the Arab Constitutions are in consensus concerning the need
for the independence of the Judiciary Authority and that it has become a solid
fact in the civilized world that the Judiciary Institutions and its independence
represent an active part of the main structures necessary for economic and
social development and that the objective that Judiciary Institutions seek to
achieve is justice because it leads to stability and progress. [...]

ACIJLP also addresses those convening in the summit to give consideration to the
following:

- The circumstances of the countries of the region and the climate that
raises many political and international issues that are very serious for the
future of this nation and its people, as well as the incidents affecting this
region, previous and current crimes committed on its land.
- The Arab region is in strong need for a permanent international
criminal court that deters perpetrators of mass cleansing and mass murder, war
crimes, crimes of aggression and crimes against humanity, the majority of which
have been and are committed against Arab people as history tells us.

Thus, ACIJLP calls for presenting the issue of ratifying or joining the
permanent International Criminal Court for discussion among the Arab delegations
participating in the Summit. ACIJLP also pleads with Arab governments to make
sure that Arab people do not miss the opportunity of joining this international
mechanism that seeks to establish international criminal justice which has
become a reality the presence of which can not be denied or ignored."

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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