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Darfur: The Elders call for transfer of suspects to The Hague; HRW and PHR react to Kushayb's release; PHR reaction to attack on AMIS forces; Lam Akol interview

05 Oct 2007

Dear all,

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

This message includes articles on a visit to Sudan of senior international
officials known as “The Elders” who called for the transfer of ICC-indictees
to The Hague; reaction to Kushayb’s release from Human Rights Watch and
Physicians for Human Rights; a Le Monde interview with Sudanese Minister of
Foreign Affairs Mr. Lam Akol; reactions to an attack of AMIS forces with a call to continue ICC involvement; and two opinion pieces.

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 and current situations before the Court or situations under
analysis. The Coalition, however, will continue to provide the most
up-to-date information about the ICC.

Have a nice weekend,

Mariana Rodriguez Pareja
CICC Communications
[email protected]

****
I. THE ELDERS VISIT SUDAN: FORMER US PRES-CARTER CALLS FOR ICC COOPERATION

Note: The Elders is an alliance, launched in Johannesburg on 18 July 2007
dedicated to solving thorny global problems. The members include Desmond
Tutu, South African archbishop emeritus of Capetown and member of the Board
of Directors of the International Criminal Court; former U.S. President
Jimmy Carter and Gracha Manchel, women's rights campaigner and wife of
Nelson Mandela, among their prominent personalities.

i. “Sudan criticised over Darfur rapes,” Media With Conscience (Canada), 4
October 2007, http://mwcnews.net/content/view/17147&Itemid=1

“An international group of activists, including Desmond Tutu, the South
African nobel peace prize winner and Jimmy Carter, the former US president,
has called on Sudan to do more to combat widespread cases of rape in Darfur.

The group, called The Elders said Sudan should hand over war crimes suspects
to the International Criminal Court.

….. Jimmy Carter said Khartoum should hand over to the ICC a junior
government minister and militia leader wanted for war crimes.

He said it was unacceptable that Khartoum had appointed Ahmed Haroun, state
minister for humanitarian affairs, as head of a rights committee.

But Carter also criticised the US use of the term genocide to describe the
situation in Darfur, where international estimates say 200,000 people have
died and 2.5 million driven from their homes, as unhelpful.

‘There is a legal definition of genocide and Darfur does not meet that legal
standard. The atrocities were horrible but I don't think it qualifies to be
called genocide,’ he said….”

ii. “Statesmen say Darfur violent and divided,” Reuters, 4 October 2007,
http://africa.reuters.com/wire/news/usnMCD351991.html

“International elder statesmen including two Nobel Peace Prize winners said
on Thursday Darfur was rife with violence and deeply divided, after
returning from the Sudanese region.

They warned rape was widespread and being ignored by the Sudanese
authorities and also urged Khartoum to hand over war crimes suspects for
trial at the International Criminal Court.

The group included Nobel laureates former U.S. President Jimmy Carter and
South African Archbishop Desmond Tutu, veteran women and children's rights
advocate Graca Machel and Richard Branson.

Darfur has witnessed mass or widespread rape, a problem Khartoum denies,
trying to muzzle rape reports by the world's largest aid operation.

….. Carter, whose charitable foundation, the Carter Center, worked to
establish the International Criminal Court (ICC), said: ‘If you read the law
textbooks ... you'll see very clearly that it's not genocide and to call it
genocide falsely just to exaggerate a horrible situation I don't think it
helps.’

He said Khartoum should hand over to the ICC a junior government minister
and militia leader wanted for war crimes.

Carter said it was unacceptable that Khartoum had appointed the suspect,
State Minister for Humanitarian Affairs Ahmed Haroun, as head of a rights
committee….”

iii. “Elders' criticize West's response to situation in Darfur,” Christian
Science Monitor, 5 October 2007,
http://www.csmonitor.com/2007/1005/p99s01-duts.html

“As the Darfur peace mission of the retired statesmen known as the Elders
came to an end, two of their number - former UN envoy Lakhdar Brahimi and
former US President Jimmy Carter - chastened the West for its handling of
the violent situation in Sudan. The BBC reports that Mr. Brahimi - a member
of the group of Elders that includes Archbishop Desmond Tutu, rights
advocate Graca Machel, and entrepreneur Richard Branson - chastised the West
for pandering to Sudanese rebel groups that may not represent the people of
Darfur…

The BBC adds that although he praised the plans for UN-sponsored peace talks
later this month in Libya, Brahimi warned that the West needs to ensure that
the people of Darfur are properly represented at the talks. Brahimi's
criticism of the West's handling of Darfur was joined by that of Mr. Carter,
who singled out the United States government for its use of the term
‘genocide’ to describe the Sudanese conflict. Reuters reports that Carter
called Washington's use of the term ‘genocide’ was both legally inaccurate
and ‘unhelpful.’

‘There is a legal definition of genocide and Darfur does not meet that
legal standard. The atrocities were horrible but I don't think it qualifies
to be called genocide,’ he said. Washington is almost alone in branding the
4 1/2 years of violence in Darfur genocide. Khartoum rejects the term,
European governments are reluctant to use it and a U.N.-appointed commission
of inquiry found no genocide, but that some individuals may have acted with
genocidal intent. Carter, whose charitable foundation, the Carter Center,
worked to establish the International Criminal Court (ICC), said: ‘If you
read the law textbooks ... you'll see very clearly that it's not genocide
and to call it genocide falsely just to exaggerate a horrible situation I
don't think it helps…..”

II. MORE NGOS REACT TO KUSHAYB’S RELEASE

i. “Sudan: Surrender Kosheib- Khartoum Continues to Flout Obligation to Turn
Over Suspects,” Press release from Human Rights Watch, 3 October 2007,
http://hrw.org/english/docs/2007/10/03/darfur17016.htm

“Sudan should immediately surrender suspect Ali Kosheib to the International
Criminal Court, Human Rights Watch said today. Sudan announced yesterday
that it had released Kosheib from prison for lack of evidence.

On April 27, 2007, the International Criminal Court (ICC) issued an arrest
warrant for ‘Janjaweed’ leader Ali Kosheib for 51 counts of crimes against
humanity and war crimes, including counts for rape, murder and persecution.
At the time the warrants were issued, Kosheib was already in prison in Sudan
on unrelated charges.

‘Freeing one ICC suspect two weeks after awarding another suspect a plum
government post demonstrates Khartoum’s blatant disregard for the Security
Council resolution requiring cooperation with the court,’ said Richard
Dicker, director of Human Rights Watch’s International Justice Program. ‘It
is now all the more imperative that Council members raise this with Sudanese
officials.’

During UN Secretary-General Ban Ki-moon’s visit to Sudan last month, the
Sudanese government appointed ICC suspect and State Minister of Humanitarian
Affairs Ahmed Haroun to co-chair a committee designated to hear complaints
from victims of human rights abuses in Darfur. The ICC had issued an arrest
warrant for Haroun, charging him with 42 counts of war crimes and crimes
against humanity for playing a leading role in attacks on four West Darfur
villages.

Kosheib, according to research carried out by Human Rights Watch, was one of
the key militia leaders responsible for attacks on villages around Mukjar,
Bindisi and Garsila in 2003-2004 in West Darfur. In bringing charges against
Kosheib, the ICC judges found ‘reasonable grounds to believe’ that he bears
responsibility for rapes, destruction of property, perpetrating inhumane
acts, and attacking and killing civilians in four villages in West Darfur.
The judges also found evidence indicating that Kosheib himself directed
attacks as well as mobilized, recruited, armed, and provided supplies to
Janjaweed/militia under his command.

‘Khartoum is legally obligated to hand over Kosheib to the ICC,’ said
Dicker. ‘The fact that he will not be brought to justice in Sudan
underscores the urgency of Sudan’s complying with the ICC warrants.’…”

ii. “Physicians decry release of Darfur war criminal suspect; Sudan Must
Stop Flouting Rule of Law,” Press release from Physicians for Human Rights,
5 October 2007,
http://physiciansforhumanrights.org/library/news-2007-10-03.html

“Physicians for Human Rights (PHR) today denounces yesterday’s reported
release by the Government of Sudan of Janjaweed leader Ali Muhammad Al
Abd-Al-Rahn, known by the alias ‘Ali Kushayb.’ The International Criminal
Court (ICC) indicted Kushayb in April of this year on 51 counts of murder,
rape, acts of torture and other serious crimes he is alleged to have
committed in Darfur.

‘Releasing Ali Kushayb from custody, an individual accused on crimes against
humanity by the ICC, is another shocking example of the Government of
Sudan’s unrelenting pattern of impunity,’ stated Frank Donaghue, PHR’s Chief
Executive Officer. ‘The United Nations Security Council must act swiftly and
decisively to ensure Sudan hands over Kushayb and other indicted war
criminals to The Hague.’

Kushayb has reportedly been held in the custody of Sudanese authorities
since November, but Sudanese President Bashir has refused to deliver him to
The Hague to face the charges against him. The Sudanese government cited a
lack of evidence against Kushayb as the reason for his release, despite the
overwhelming body of evidence presented by the ICC in their indictment
against him. Ahmed Haroun, currently Sudan’s Minister of Humanitarian
Affairs, has also been indicted by the ICC.

‘The evidence against Kushayb and Haroun can be found in the destroyed
villages, the mass graves and the crowded camps for the millions of
displaced across the region,’ said Donaghue. ‘At the upcoming peace talks in
Libya, the international community must tell Sudan in one voice that there
can only be peace if there is justice.’…”

III. SUDANESE MFA LAM AKOL INSISTS ‘NO TRANSFERS TO THE HAGUE’

"Les rebelles veulent faire dérailler les négociations" (Rebels want to
destabilize negotiations—interview with Lam Akol, Sudanese minister of
foreign affairs), Le Monde, 6 October 2007,
http://www.lemonde.fr/web/article/0,1-0@2-3212,36-962907@51-947123,0.html

“…Q: How do you receive the deployment of the EU force in the East region of
Chad?
A: If these forces are at the borders of both countries (Chad/Sudan), we are
quite worried. I don’t know what the objective is. Are they going to stop
rebels? Movements of population?

…Q: Will you bring [to the ICC] Ahmed Haroun, your State Minister of
Humanitarian Affairs, accused of war crimes by the International Criminal
Court (ICC)?
A: The Prosecutor is leading a political campaign. Sudan, just like the US,
is not State Party to the ICC.

Q: But the UN Security Council referred the situation to the ICC...
A: This is a question of interpretation. The government can tell you that it
did its best to prosecute suspects of war crimes in Darfur. That’s not my
area, ask the Ministry of Justice.

Q: Are you trying to provoke the international community by nominating Ahmed
Haroun as co-president of a committee in charge of investigation on human
rights violations ?
A: Mr. Haroun has the government’s trust. As the State Minister of
Humanitarian Affairs, he has the right to preside numerous committees. There
is nothing illegal about it.

….Q: Do you acknowledge that the Sudanese government provided arms to the
janjawids, who are responsible for the worst acts of violence?

A: The militias called janjawids had probably at some point caused some
damages but they are not the only ones. Right now, the government does not
provide anyone with arms.…”

[Translation from the French is unofficial and provided by the CICC
Secretariat]

IV. PHYSICIANS FOR HUMAN RIGHTS CONDEMNS ATTACK ON AMIS FORCES AND CALLS FOR
CONTINUED ICC INVOLVEMENT

“PHR Condemns Attack on AU Troops in Darfur Group Calls for Bolster of AU
Force and Rapid Deployment of Hybrid Peacekeepers,” Press release by
Physicians for Human Rights, 1 October 2007,
http://www.commondreams.org/news2007/1001-11.htm

“Physicians for Human Rights (PHR) strongly condemns the attack on the AMIS
(African Union Mission in Sudan) peacekeeping force in Darfur, which
reportedly killed more than ten African Union (AU) peacekeepers and left 25
missing. The attack was allegedly committed by splinter factions of the
Sudanese Liberation Army (SLA). Despite this unjustified and illegal
attack, PHR urges members of the AU, especially Senegal and Nigeria, to
continue their critical mission in Darfur.

‘The horrific attack on AMIS forces this weekend, while tragic, should not
be allowed to slow or limit the immediate deployment of the expanded UN-AU
force in Darfur,’ stated Frank Donaghue, Chief Executive Officer of PHR.

‘The ongoing humanitarian operation and the dire need for the most basic
protection for civilians must not be jeopardized by this terrible incident.’

The group reiterates its call for the UN to expedite the deployment of the
26,000 strong joint AU-UN force, UNAMID, slated to arrive in the region at
the end of this year. In the meantime, the international community must
quickly address the ongoing logistical problems and equipment shortfalls
that have plagued the AMIS force since its initial deployment. Also, PHR
calls on the Government of Sudan, other parties to the conflict, and UN
Security Council members to ensure that all atrocities committed in Darfur,
including the recent attack on the African Union, are investigated and
referred to the International Criminal Court as appropriate.”

V. OPINION AND ANALYSIS

i. “A war of words,” by Conor Foley, The Guardian (UK), 5 October 2007,
http://commentisfree.guardian.co.uk/conor_foley/2007/10/a_war_of_words.html

“Gordon Brown's decision to surrender the historic power to declare war
without parliamentary approval, by means of the Royal Prerogative, was a
welcome attempt to draw a line under the disastrous invasion of Iraq. It is
mainly of symbolic importance though. A more radical step would be to create
a mechanism in which heads of state who attack other countries, without good
cause, could actually be held to account for the crime of aggression.

Such an initiative would be a logical progression of the achievements of
Labour's first term in office, which helped to create the Rome Statute of
the International Criminal Court (ICC). The ICC recognises the existence of
a crime of aggression, but declines to punish it because there is not a
precisely agreed legal definition of what it involves. Had this been done
before the invasion of Iraq then the debates about that war's legality could
have had some more directly personal consequences for some of those who
launched it.

Existing international law outlaws the use of force between states except in
two circumstances: self-defence and where it has been authorised by the UN
security council. There is, however, a third ground, which some
international lawyers assert is an ‘emerging norm’, and is often referred to
as the ‘humanitarian intervention’ exception…
…. The ICC is responsible for investigating war crimes and crimes against
humanity, including genocide, and holding those responsible for such acts to
account. If agreement could be reached about what constitutes the crime of
aggression it could also punish these perpetrators as well. It could also be
possible to insert a clause stipulating when military intervention, not
authorised by the security council, but taken to prevent an act of genocide
could be a defence for those accused of this crime….

Of course there are pragmatic objections to such a proposal, which is not
one that I can see the government of the United States agreeing to in the
near future. But the US is not a party to the ICC and neither are some of
the world's other states who have most to fear from such a provision. If the
current signatories could move forward in the meantime they would be
establishing a legal precedent with potentially far-reaching implications.
It would take a brave leap for a prime minister to create a legal mechanism
that could actually be used to prosecute him or her personally. But it would
be the mark of a visionary world statesman.”

ii. “A Mockery of Justice: The international community must put real
pressure on Sudan,” by Joanna Naples-Mitchell, The Crimson (student
newspaper of Harvard University), 4 October 2007,
http://www.thecrimson.com/article.aspx?ref=519833

“Sudanese Government Minister Ahmad Mohammed Harun is not your typical
minister of humanitarian affairs. Charged with 42 counts of crimes against
humanity and war crimes by the International Criminal Court (ICC), Harun has
been at large since May 2007 when the ICC accused him of orchestrating
militia attacks on entire villages in Darfur.

But rather than turn over the accused, the Sudanese government responded to
the international arrest warrant by giving Harun the authority to
investigate human rights abuses in Darfur. This week, they released the
accused Janjaweed militia leader Ali Kushayb from detention, claiming they
had no evidence against him. And the government’s disregard for justice will
continue so long as Sudan can count upon the inaction of the major powers.

In the midst of Sudan’s impunity, the recent attack on African Union (A.U.)
peacekeepers in Darfur by rebels in Haskanita has imperiled the peace talks
scheduled for October in Libya. Although a hybrid United Nations-African
Union Mission in Darfur (UNAMID) is slated to relieve the A.U. peacekeepers
by the end of the year, its success is contingent upon Sudan’s cooperation.
Supposedly, Khartoum has committed to the hybrid force, but it has also
granted free reign to likely war criminals, making future attacks a
certainty.

ICC Prosecutor Luis Moreno-Ocampo has said, ‘Justice in Darfur must be on
the agenda, at the top of the agenda. There can be no political solution, no
security solution, no humanitarian solution as long as alleged war criminals
remain free in the Sudan.’ But when Moreno-Ocampo advised that any peace
talks needed to broach the subject of accountability, he was met with
silence from the international community.

….. The Sudanese government is legally obligated to arrest the accused while
they remain on Sudanese soil, and the Security Council can employ coercive
measures in the event of Sudan’s noncompliance. But so long as Khartoum
continues to ignore the ICC, the international community must pressure Sudan
to execute the arrest warrants…”

*****
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independent NGO movement dedicated to the establishment of the International
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