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Darfur: Possible Impact of the Hybrid Force on the ICC Warrants, Continued Calls for Cooperation by the ICC Prosecutor; Report Indicating Journalists in Sudan were Charged for attending ICC Training; Sudanese Opposition Leader States Government is C

16 Oct 2007

Dear all,

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

This digest includes information about the possible impact of the hybrid force on the ICC warrants; continued calls for cooperation by the ICC Prosecutor; a report indicating that journalists in Sudan were charged for attending an ICC training, Sudanese opposition statements that the government is concerned with the Prosecutor's December report to the UN Security Council; analysis and op-eds.

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.

Regards,

Mariana Rodriguez Pareja
CICC Communications
[email protected]

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I. IMPACT OF HYBRID FORCE DEPLOYMENT ON ICC WARRANTS

i. "Press conference on Darfur peacekeeping operation," Relief Web, 8 October 2007, http://www.reliefweb.int/rw/RWB.NSF/db900SID/LSGZ-77TBES?OpenDocument

"A ceasefire in Sudan's war-torn region of Darfur was critical to the success of the imminent African Union-United Nations peacekeeping operation there, the Under-Secretary-General for Peacekeeping Operations, Jean-Marie Guéhenno, said today as he and Jane Holl Lute, Acting head, Department of Field Support, briefed correspondents at Headquarters.

… Asked about the request by the Prosecutor of the International Criminal Court to the Government of the Sudan to arrest Sudan's Minister for Foreign Affairs because of his many crimes, he said, on the one hand, there could be no impunity and, on the other hand, the mandate of the peacekeeping operation was a distinct one. The two issues must, therefore, be separated."

ii. "Sudan: Attack raises questions over hybrid force," Irin News, 4 October 2007,
http://www.irinnews.org/report.aspx?ReportID=74645

"The 29 September attack on an African peacekeeping base in Darfur has raised fresh questions about the planned transformation of the AU Mission in Sudan (AMIS) into a hybrid AU-UN force that includes personnel from non-African countries.

Ten AU peacekeepers were killed in Haskanita, North Darfur, and 50 others are still missing.

…The Haskanita attack has also given rise to fears that some of the dozen or so non-African countries, including those that have expressed a willingness to contribute to UNAMID, such as the UK, Sweden, Norway and Ireland, might now get cold feet.

'Of course [other countries will be deterred]. What western nations will want to contribute now?' Julie Flint, co-author of Darfur: A short history of a long war, told IRIN by telephone.

According to Enough, a project working to end genocide and crimes against humanity: '…This attack, and the continued fracturing of Darfur's rebel groups, also severely diminishes the prospects for success at peace talks set to begin in Libya later this month.'…"

iii. "Prospects dim for Darfur unless Sudanese minister arrested,"
CanWest News Service, 15 October 2007,
http://www.canada.com/topics/news/world/story.html?id=9eb46737-4751-42a6-8091-21c3c2d5c492&k=74992

"There is almost no chance of a proposed expanded UN peacekeeping force being effective in the Darfur region of Sudan until the government there agrees to arrest one of its most powerful ministers and send him to the International Criminal Court to be prosecuted for crimes against humanity, says the court's chief prosecutor Luis Moreno-Ocampo….

'It's a big problem,' said Moreno-Ocampo, 55, in an interview with the Ottawa Citizen. 'With Haroun as minister of humanitarian affairs there can be no humanitarian or security solution in Darfur... It's very serious that we (world governments) are not being consistent in insisting that the government arrest Haroun. In the last few weeks, he has been appointed head of a committee to investigate human rights violations.' 'We have a responsibility to protect these two million people or they will die,' he added.

The United Nations announced in April it would expand its current beleaguered peacekeeping force of 7,000 African Union troops with 3,000 heavily armed peacekeepers by this fall. But prospects of that happening look increasingly doubtful.

But Moreno-Ocampo said troops alone will not end strife in the country.

'We need a comprehensive solution that includes arresting Haroun,' he added. 'If not there will be no solution there.'

…'Our biggest current challenge is how to arrest the individuals identified by the court,' he said. 'Political support is vital to isolate and undermine the criminals and to reduce the flow of money to these groups. Canada has a consistent approach to respect the law and we need the same from the international community. If we arrest people our deterrent effect (across the world) will increase dramatically. If they get immunity it will be reduced.'…"

II. PROSECUTOR REISSUES CALLS FOR 'S COOPERATION IN DARFUR INVESTIGATION

i. "ICC prosecutor to inform UNSC of Sudan's non-cooperation," Sudan Tribune, 9 October
2007,http://www.sudantribune.com/spip.php?article24138

"The Chief prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo will formally tell the UN Security Council (UNSC) that Sudan is not cooperating with his office in his next report due in December.

Prosecutor Luis Moreno-Ocampo who was speaking to reporters at the ICC headquarters in the Hague, said that Sudan has officially refused to hand over the two suspects accused of war crimes in the troubled western region of Darfur.

The judges of the ICC issued their first arrest warrants for suspects accused of war crimes in Sudan's Darfur region in early May.

…Sudan's foreign minister Lam Akol has announced last week in New York the release of Kushayb from jail due to 'lack of evidence' against him.

Human Rights Watch (HRW) said the move 'demonstrates Khartoum's blatant disregard for the Security Council resolution requiring cooperation with the court'.

Last month Sudan appointed the second war crime suspect, Ahmed Haroun, as head of a committee investigating human rights complaints in Darfur.

Whether the ICC can secure UNSC support given the cool mood towards the issue of justice in Darfur, Ocampo said that the 'law must be respected'.

The prosecutor said that at this point the UNSC has no authority to withdraw the case from the ICC.…"

ii. "Conference on the Prevention of Genocide in Montreal," Hirondelle News Agency, 10 October 2007, http://allafrica.com/stories/200710110340.html

"A global conference on the prevention of genocide gathering historians, lawyers, diplomats and members of civil society concerned with the various genocides of the 20th century begins Thursday in Montreal.

…Organized by McGill University's Faculty of Law, this Conference will be held from 11 to 13 October at a hotel in Montreal.

…The prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo, will then come to say if 'the ICC can help stop atrocities in Darfur?'.…"

iii. "Canada urged to take lead in halting Darfur slaughter," The Gazette (Montreal), 14 October
2007,http://www.canada.com/montrealgazette/news/story.html?id=679c7155-599b-4f13-852f-54c0de319937&k=60316

"Canada should take a leading role in bringing the continuing slaughter of millions of civilians in the Darfur region of Sudan to an end, Senator Roméo Dallaire said yesterday.

Dallaire, a retired Canadian Forces general who commanded the United Nations peacekeeping force in Rwanda during the Tutsi genocide in 1994, said Ottawa has shown no willingness to uphold the 'responsibility to protect' the doctrine that it came up with and convinced the United Nations to accept in 2005.

…Luis Moreno-Ocampo, the chief prosecutor for the International Criminal Court, echoed Dallaire's sentiments, saying Canada also took a leading role in establishing the ICC.

'What message does silence bring to the victims in Darfur, what message does the silence bring to the perpetrators?' he said. 'People need our help and attention now.'

…'(Haroun) cannot win if we work together,' Moreno-Ocampo said. 'The silence will be interpreted as a weakening of the resolve to implement the arrest warrant.'…"

iv. "ICC prosecutor calls for help in apprehending Darfur war crimes suspects," The Jurists, 14 October 2007, http://jurist.law.pitt.edu/paperchase/2007/10/icc-prosecutor-calls-for-help-in.php

"The chief prosecutor of the International Criminal Court (ICC) Saturday called on citizens worldwide to 'break the silence' and pressure their governments to help apprehend Sudanese war crimes suspects in Darfur for prosecution by the ICC. In an interview with the Canadian Press, Luis Moreno-Ocampo urged foreign governments to take a lead role in arresting the suspects in order to help end conflict in the region. He repeated his demand for the arrest of Minister of State Humanitarian Affairs Ahmed Muhammad Harun, stating that '[t]here is no solution to Darfur if Harun is not arrested.'…"

v. "Prosecutor calls on citizens to push for arrest of Darfur war crimes suspects," 14 October 2007, http://canadianpress.google.com/article/ALeqM5iign2mYElPgNPlv03xnn_M82u_4w

"The chief prosecutor of the International Criminal Court is urging Canadians and people around the world to tell their governments to help nab suspected Darfur war criminals.

…'There is no solution to Darfur if Harun is not arrested,' he said.'I have a strong case against the minister, now the Sudan has to arrest him.'…Moreno-Ocampo called on Canadians and people around the world to speak up about Darfur.…"


vi. "ICC prosecutor criticizes UN chief over Darfur war crimes suspects," Sudan Tribune, 16 October 2007,
http://www.sudantribune.com/spip.php?article24273

"The Chief prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo criticized the UN Secretary General Ban Ki-Moon for neglecting the issue of justice in his monthly reports on Sudan.

'Justice was not mentioned in the UNSG subsequent reports on Darfur where the UN secretariat developed a three prong approach with a humanitarian, political and security components only' Ocampo said in prepared remarks to the 11th diplomatic briefing at the ICC headquarters in the Hague.

The judges of the ICC issued their first arrest warrants for suspects accused of war crimes in Sudan's Darfur region in early May.

… Ocampo said that he explained to Ban Ki-Moon and other UN officials that the ICC 'needed first and foremost words expressing their political support'.

The Chief prosecutor warned that silence on the issue of enforcing the arrest warrants 'could be interpreted as a weakening resolve of the international community' and 'could encourage the provocative gesture of promoting Harun instead of removing him from Office'.

Ban Ki-Moon has made remarks to the press during his visit to Khartoum in September hinting that the ICC arrest warrants should be kept in the background for the time being while the cooperation of the Sudanese government is secured on the deployment of peacekeeping force in Darfur.

…Some diplomats have suggested that the ICC is a stumbling block for resolving the Darfur crisis given Khartoum's refusal to hand over suspects…."


III. JOURNALISTS IN SUDAN CHARGED FOR ATTENDING ICC TRAINING

"Sudan Seven Journalists Charged For Attending World Criminal Court Training,"
BBC Monitoring International Reports, 11 October 2007 [link not available]

"Excerpt from report by pro-government newspaper Akhir Lahzah on 11 October

The General Association of Sudanese Journalists has referred seven journalists to a disciplinary committee to conduct an investigation, based on the journalists' code of ethics, into their participation in a training session organized by the International Criminal Court [ICC] at The Hague.

They will further be questioned over attending the first session in the trial of a suspect accused of committing war crimes in the Congo.

…A statement issued by the association said the government had determined its position and refused to deal with the ICC or hand over the state minister for humanitarian affairs, Ahmad Harun and [Popular Defence Force leader] Ali Kushayb for trial at The Hague under allegations of committing war crimes in Darfur. It further commended the position of national forces who opposed any dealings with the ICC.…"

Please note: A CICC informal translation of the original article in Arabic suggests that the article does not mention anything about the journalists being charged; however, it does mention condemnation of their visit. For more clarification on this point, please refer to the original article in Arabic at http://www.akhirlahza.net/News_view.aspx?id=14005,

IV. SUDANESE OPPOSITION SAYS GOVERNMENT CONCERNED ABOUT OTP REPORT TO UNSC

"Constitutional breakdown in Sudan may lead to secession by South:
Former PM," Sudan Tribune, 13 October 2007,
http://www.sudantribune.com/spip.php?article24218

"Former Sudanese Prime Minister and leader of the opposition Umma party Sadiq al-Mahdi said that the power crisis that erupted between the two partners in the government may lead to the secession of the south.

…On Thursday, the only Darfur rebel faction to sign the 2006 peace agreement led by Minni Arcua Minnawi the head of the SLA who became presidential adviser in Khartoum, called for an international investigation into an attack on their forces in Muhajiriya, where at least 45 were killed and dozens injured.

'The Sudanese regime is cornered by the showdown with Minnawi and SPLM; cracks in the recently signed agreement with Eastern rebels; their stalling on the hybrid force and the upcoming report by the prosecutor of the International Criminal Court that will declare that the government is not cooperating with his office' Al-Mahdi said.…"


V. ANALYSIS AND OP-EDS

i. "Sudan: Africa Insight - Darfur - China's Economic And Diplomatic Policy Pays Off," by Patrick Mutahi for The Nation (Nairobi), 12 October 2007, http://allafrica.com/stories/200710111103.html

"Realising that its almost unqualified support for Sudan was hurting its image, China balanced its thirst for oil versus international obligations and in the process, convinced Sudan to accept UN peacekeepers on its soil.

China has quietly changed its Darfur policy from a laid-back approach to a behind-the-scenes diplomacy.

…Beijing has asserted its role and position as a world power by mediating the Darfur crisis. Significantly, this is China's first time in its 35 years at UN Security Council to convince a sovereign country to accept a UN peace keeping force in its territory.

…China's influence in Khartoum is second to none and could be decisive in resolving the four-year Darfur conflict which has killed an estimated 200,000 to 400,000 people, displacing 2.5 million others in camps strewn across Darfur if not as refugees in Chad.

While it has played a crucial role in getting Khartoum to agree on deployment of UNAMID, China should now pressure President al-Bashir and the rebel groups to begin a political process that will see all parties sign and respect a new comprehensive peace agreement.

The People's Republic's evidently strong alliance with Sudan is driven by its oil interests. Chinese Petroleum companies have been operating in the country since the departure of western oil majors in the mid-1990s.…

…When Resolution 1706 failed, China was back in the driver's seat. It continued massaging Khartoum and at the same time pressing al Bashir to take a decisive action in Darfur.

Buoyed by the fact that time was running out with increased international pressure, China had to urgently appease Khartoum for the sake of its economic interests while stabilising Darfur at the same time.

…Economic interests overrode justice when it came to voting on the list of individuals to be taken to the International Criminal Court (ICC). Beijing preferred them to be tried by Sudan local courts…."

ii. "Topple tyrants with courage, unity and rule of law," By Ramesh Thakur, Canberra Times (Australia), 16 October 2007, http://canberra.yourguide.com.au/detail.asp?class=your+say&subclass=general&story_id=1070127&category=opinion

"The violent crackdown against the mass protests led by Buddhist monks in Burma is the latest, but surely not the last, call on our conscience without borders. About 100 years ago, an accepted attribute of sovereignty was the right of states to meet by force internal challenges to their authority and external threats to their security.


…Protect the monks and punish the junta in Burma, and protect the Darfuris and punish their tormentors in Sudan, and so on. On both counts, progress to date has been more rhetorical than operational.

…Two of the most significant normative advances since 1945 are the establishment of the International Criminal Court in 1998 and the United Nation's adoption of the responsibility to protect in 2005.
Both agendas encroach substantially on national sovereignty, the first with respect to the norm of non-intervention and the second with respect to sovereign impunity even of heads of state.

A criminal court with universal jurisdiction has been the missing link in the system of international criminal justice for some time. The ICC will enable an escape from the tyranny of the episodic nature of ad hoc tribunals and be a cost-effective alternative with respect to time, money and energy.

The prosecution, conviction and punishment of perpetrators helps to bring closure to victims of past atrocities, on the one hand, while also acting as a deterrent to wannabe mass killers and so preventing atrocities in the future.

Both with protection and prosecution, the default responsibility remains with states. Only if and when they are unable or unwilling does the community of states have the duty to step in with international protection and prosecution.

…And of course the US has waged a campaign of active opposition to the ICC, which doesn't exactly help to restore its moral authority.

…The solution to both dilemmas is to go back to the rule of law which tames the use of force both internally and internationally. And that means codifying the responsibility to protect, acting on it through agreed procedures and institutions, buying into the ICC, and then having the moral force, legal authority, material capacity and courage of conviction to topple the tyrants of the world, from Afghanistan (under Taliban rule) and Burma to Darfur and Zimbabwe, and put them on trial at The Hague."


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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 (potential and current), or situations under analysis 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