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Darfur: AU official on ICC; HRW letter to UNSG; IWPR on difficulties facing UNAMID

01 Feb 2008

Dear Colleagues,

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

This digest includes information on the African Union Summit in
Ethiopia including a statement from an AU official arguing against the
ICC approach, reaction to Sudan's nomination to Chair the AU and Human
Rights Watch's letter to Ban Ki-moon in advance of his meeting with
Sudanese President Al-Bashir; information on the ICC Deputy
Prosecutor's meeting with the head of the African Union; IWPR articles
on the difficulties facing the UNAMID deployment; and opinions and
editorials from the New York Times and Sudan Tribune.

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.

With regards,

Mariana Rodriguez Pareja
CICC Communications

I. AU SUMMIT: OFFICIAL OPPOSES ICC APPROACH, CIVIC GROUPS REJECT
SUDAN'S NOMINATION AND HRW LETTER TO BAN KI-MOON

i. "AU official opposes ICC approach to Darfur rights abuses," Afrique
en ligne, 24 January 2008,
http://www.afriquenligne.fr/news/daily-news/au-official-opposes-icc-approach-to-darfur-rights-abuses-2008012415593/

"The African Union (AU) will continue to advocate for traditional
justice systems in tackling the human rights abuses in Sudan's Darfur
region, rather than pursuing the complex processes involved in filing
cases at International Criminal Court at The Hague, an AU official said.

Litha Musyimi-Oganga, Director of Women, Gender and Development
Directorate at the AU Commission, said Thursday the post-conflict
healing process in Darfur could last longer than necessary, if the
cases were handled by the ICC.

The Hague-based criminal court has previously indicted several senior
leaders in the Sudanese government of crimes against humanity over
their involvement in abuse cases in the five-year-long conflict in Darfur.

`To take cases to The Hague is a complex process. The difficulties of
healing later and weighing the consequences of the action will live
longer with the victims, who would need assurances that filing the
cases will not affect their families,' Musyimi-Ogana said.

…..'Our African communities had ways of dealing with excesses. We
think they (Darfur) crimes can be settled at local governance levels.
We must engage traditional methods known best to Africans to solve the
problem,' Musyimi-Ogana told PANA.

Speaking separately, a senior UN official said efforts to bring peace
and justice for victims of the Darfur abuses should include action at
the ICC…."

ii. "Sudan; Civic Groups Reject Nation's Bid to Head the African
Union," Africa News, 25 January 2008, link unavailable

"A bid by the Sudanese government to seek headship of the African
Union (AU) has met with stiff resistance from human rights advocates.

Reports say the nation recently submitted a last minute nomination to
be considered a candidate for the East African block to head the
continental body for the year 2008.

Dismas Nkunda, spokesman for Darfur Consortium, a grouping of over 50
activist organizations working to end the suffering in Darfur, said it
would be a huge blow to the credibility of the AU and its capacity to
respond independently to the crisis if Khartoum was elected to chair
the continental body

….They said it would impede efforts to bring to justice the
perpetrators who are wanted by the International Criminal Court for
committal of crimes against the people of Darfur and also complicate
efforts to restart peace talks…."

iii. "Sudan: Letter to Ban Ki-moon in Advance of AU Summit," by Human
Rights Watch (published in All Africa), 29 January 2008,
http://allafrica.com/stories/200801300117.html

"Dear Secretary-General,

We are writing to you in advance of your meeting with President Omar
el-Bashir at the African Union Summit in Addis Ababa on January 31.
The issue of Sudan's ongoing and deliberate obstruction of the UN/AU
hybrid peacekeeping force (UNAMID) will be a major concern, and
rightly so. President Bashir must be urged to end his ongoing efforts
to undermine the peacekeeping force through the staggering array of
hurdles he has placed in its path, including his rejection of critical
troops and attempts to insert unacceptable provisions into the Status
of Forces Agreement.

….Sudanese authorities have continued to refuse to hold accountable
those responsible for serious international crimes in Darfur. Instead,
President Bashir recently selected Musa Hilal-widely regarded as the
most senior figure in the notorious Janjaweed militia and one of only
four individuals in Darfur subject to UN sanctions-as a special
advisor. President Bashir defended his promotion of Hilal by saying he
had "contributed greatly to stability and security in the region."
This is in direct contradiction to the findings of the UN Sanctions
Committee's Panel of Experts and Security Council who sharply
criticized Hilal's role in Darfur, imposing sanctions on him on the
basis that he fulfilled at least one of the requirements of: impeding
the peace process; violating international humanitarian law; or
violating human rights law.

President Bashir has shown similar disregard for Sudan's legal
obligations under Security Council resolution 1593 to cooperate with
the International Criminal Court. Government officials have repeatedly
reiterated their refusal to cooperate with the court or to hand over
the two individuals subject to arrest warrants. One, Ahmed Haroun,
remains state minister for humanitarian affairs in Darfur, responsible
for the welfare of the very victims of his alleged crimes. He also
acts as the liaison with the UNAMID force tasked to protect civilians
against such crimes. The other, Ali Kosheib, was in custody in Sudan
on other charges, but was released in October. His release, like
Hilal's promotion, belies any claims that Sudan is interested in
pursuing accountability domestically…."

II. ICC DEPUTY PROSECUTOR BENSOUDA ATTENDS WOMEN'S CONSULTATION AND
MEETS AU HEAD IN ETHIOPIA

i. "Deputy Prosecutor attends women's consultation on Darfur," ICC
Official Press release, 24 January 2008,
http://www.icc-cpi.int/press/pressreleases/320.html (available in
Arabic and in French)

"On 24-25 January, International Criminal Court (ICC) Deputy
Prosecutor, Fatou Bensouda, will join other African women for a
consultation on Darfur in Addis Ababa, Ethiopia to discuss issues
relating to women in the Darfur region of the Sudan.

The event is organized by Femmes Africa Solidarité annually to engage
prominent women in constructive dialogue on matters concerning women
in conflict zones.

Deputy Prosecutor Bensouda will urge those assembled not to ignore the
plight of women in conflict regions such as the Democratic Republic of
Congo, Uganda, Darfur and the Central African Republic…..

…..The Deputy Prosecutor will cite the need to arrest ICC indictees,
Sudanese Minister Ahmad Harun and Militia Janjaweed leader Ali
Kushayb, as key. According to the Deputy Prosecutor, "as long as
these alleged criminals remain at large, they threaten victims in
Darfur".

With the 11th African Union Summit commencing on 25 January, Deputy
Prosecutor Bensouda said more could be done for the people of Darfur:
`Crimes are still being committed in Darfur today. Ahmad Harun and
Ali Kushayb must be arrested now, the crimes must stop. States
Parties to the ICC, the United Nations, the African Union and other
international organizations should not lose any opportunity to send
strong messages to the Sudanese authorities.'

ii. "ICC D. Prosecutor speaks on need for justice in Darfur in women
meeting," Sudan Tribune, 25 January 2008.
http://www.sudantribune.com/spip.php?article25694

"International Criminal Court (ICC) Deputy Prosecutor will join other
African women for a consultation on Darfur in Addis Ababa, Ethiopia to
discuss women conditions in Sudan's Darfur region and the need for
justice in the war-torn region.

…..The meeting comes few days ahead of 10th Ordinary Session of the
Assembly of the African Union Heads of State and Government.

States Parties to the ICC, the United Nations, the African Union and
other international organizations `should not lose any opportunity to
send strong messages to the Sudanese authorities.' Bensouda said…"

iii. "ICC seeks AU help to arrest Sudan ministers," Africa News, 31
January 2008
http://www.africanews.com/site/list_messages/15358

"The International Criminal Court (ICC) on Thursday appealed to the
African Union to assist in the arrest of two Sudanese Minister of
State for their involvement in the Darfur crisis.

In a paper tabled through the 11th Pre-Summit Consultative Meeting on
Gender Mainstreaming in the African Union, organized by Femmes Africa
Solidarité (FAS) Ms Fatou Bensouda, Deputy Prosecutor, International
Criminal Court said the Court since April, 27, last have issued an
arrest warrants against Mr Ahmad Harun, Minister of State for
Humanitarian Affairs who was the former Minister of State for the
Interior of the Sudan, and Ali Kushayb a Militia/Janjaweed leader…."

iv "Deputy Prosecutor of the ICC meets AU Chairperson in Addis Ababa,"
ICC Official press release, 28 January 2008
http://www.icc-cpi.int/press/pressreleases/322.html

"International Criminal Court (ICC) Deputy Prosecutor Mrs. Fatou
Bensouda met January 26 with African Union Chairperson H.E. Alpha
Oumar Konaré.

The meeting took place while Mrs. Bensouda was in Ethiopia to
participate in a consultation on issues relating to women in Darfur,
organised by the NGO Femmes Africa Solidarité to coincide with the
beginning of the 11th African Union Summit.

…. `Our continued cooperation with international organizations such as
the African Union is crucial to giving effect to the decisions of the
Court' said Mrs. Bensouda…."

III. SUDANESE MP ANNOUNCED ICC SET UP A SPECIAL COMMITTEE TO
INVESTIGATE PORT SUDAN MASSACRE

"International Court forms committee to investigate Port Sudan
massacre," BBC Monitoring Middle East, 27 January 2008
[Link not available]

Excerpt from report by liberal Sudanese newspaper Al-Sahafah on 27 January

"MP and Political Secretary of the Beja Congress, Abdallah Musa, has
announced that an international legal committee including prominent
lawyers and advisors has been set up at the International Criminal
Court [ICC] in The Hague to study the case of the 'Port Sudan
massacre' that occurred on 19 January 2005 in which 22 people died.

Musa told Al-Sahafah that the committee would be taking practical
steps in the next phase with regards to the case and pointed out that
during his last contact with the ICC they had reaffirmed their concern
for the case of the Port Sudan incidents.

He further pointed out that he intended to make a request to question
the minister of justice in parliament to reveal the results of the
investigation into the incident and present the perpetrators to trial.

IV. IWPR REPORTS: UNAMID DEPLOYMENT IN DARFUR AND VICTIMS
PARTICIPATION IN PROCEEDINGS

i. "Sudan Seeks to Thwart UN Force: Signs are that the UN mission in
Sudan could be one of the most difficult it has undertaken," Institute
for War and Peace Reporting, 29 January 2008
http://www.iwpr.net/?p=acr&s=f&o=342303&apc_state=henh

"Just a week into its Darfur mission this month, a clearly marked
convoy of United Nations trucks was attacked by the Sudanese armed
forces, seriously wounding a driver.

…… Ahmed Gamal Eldin, an NGO worker from Sudan, says the reason
Khartoum is opposed to non-African forces is because it suspects that
they will be better at their job than troops from neighbouring countries.

`Forces coming from richer countries are better equipped and better
able to carry out the mission effectively, and are not easily be
manipulated by the government,' he said.

The authorities' reluctance to accept a peacekeeping force may also be
due to arrest warrants issued by the International Criminal Court for
Sudanese minister Ahmed Harun and allied janjaweed commander Ali Kushyb.

Others suggest that Sudan may fear that the hybrid force would be
mandated to track down and arrest suspects on behalf of the ICC. Sudan
rejects the jurisdiction of the ICC over crimes committed in Darfur,
despite the fact that the Security Council referred the situation in
Darfur to the ICC in 2005, saying it considered the situation a threat
to international peace and security.

Nicolas Burniat, Sudan expert from Human Rights First, accused the
Sudan government of playing games with the international community.

….. `It is outrageous that Sudan is blocking the deployment of UNAMID
and has not given its approval to the true contributors, because it
wants a force which is under equipped, ill-trained and easier to
manipulate.'

Burniat says the Security Council should put its foot down.

`As with the arrest of Ali Kushyb and Ahmed Harun for the ICC, it is
failing its mission to make sure the decisions it took for Sudan are
enforced and the deployment happens.

`The [Security Council] can do a lot more to force the [Sudanese
government] to accept the deployment, but each time it doesn't do it,
it sends a message to Khartoum to do whatever it wants.'…"

ii. "IWPR article helps Darfuri victims understand the problems they
may face if they want to participate in ICC cases," Institute for War
and Peace Reporting, 29 January 2008
http://www.iwpr.net/?p=acr&s=f&o=342294&apc_state=henh

"Lawyers representing victims wishing to take part in International
Criminal Court, ICC, proceedings have commended an IWPR article
shedding light on serious obstacles to their participation in the scheme.

The lawyers say the report will contribute significantly to debate on
the subject and its translation into Arabic will alert victims to
problems they may face in the application process.

One of the main objectives of IWPR's international justice project is
to support media in Sudan, the Democratic Republic of Congo and Uganda
and facilitate a flow of well-researched, balanced and analytical
features about the International Criminal Court and justice issues…."

V. OPINION AND EDITORIALS

i. "UN inaction persists and Darfur crimes too," by Dr. Mahmoud A.
Suleiman, 28 January 2008.
http://www.sudantribune.com/spip.php?article25727

"Is it a ZIONIST CONSPIRACY or GENOCIDE what has been happening in
Darfur? This is a perpetual enquiry. The atrocities exercised against
the people of Darfur are genocide. Genocide has taken place in Darfur.
The recent developments by Professor George J. Andreopoulos of
Department of Government, John Jay College of Criminal Justice, New
York Author of Genocide: Conceptual and Historical Dimensions and
others) outlines the criteria for establishing that genocide has happened:

During the first 50 years after its ratification, the genocide
convention lacked effective enforcement mechanisms, despite the fact
that it contained provisions to enable the UN to enforce it. Although
the convention stipulated that persons charged with genocide should be
tried before an international penal tribunal or a tribunal of the
state in which the crime was committed, no permanent penal tribunal
existed at the international level until the early 21st century, and
prosecutions at the domestic level were unlikely except in the rare
case where a genocidal regime was overthrown and its officials were
prosecuted by a successor regime.

……. On July 1, 2002, the Rome Statute of the International Criminal
Court (ICC), adopted in 1998 in Rome by some 120 countries, entered
into force. The ICC's jurisdiction includes the crime of genocide, and
the statute adopts the same definition of the offense as found in the
genocide convention. The establishment of the ICC—though without the
participation of the United States, China, and Russia—was another
indication of a growing international consensus in favour of vigorous
and concerted efforts to suppress and punish the crime of genocide.

Ethnic Cleansing Ethnic Cleansing is the attempt to create ethnically
homogeneous geographic areas through the deportation or forcible
displacement of persons belonging to particular ethnic groups. Ethnic
cleansing sometimes involves the removal of all physical vestiges of
the targeted group through the destruction of monuments, cemeteries,
and houses of worship…"

ii. "Letter to the Editor: Justice in Darfur," by Mr. Jonathan F.
Fanton, President of the John D. and Catherine T. MacArthur Foundation.
The New York Times, 30 January 2008
http://www.nytimes.com/2008/01/30/opinion/lweb30darfur.html?ref=opinion

''Intervention, Hailed as a Concept, Is Shunned in Practice''
(Diplomatic Memo, Jan. 20) rightly points out that Darfur is a test of
United Nations Security Council Resolution 1674, which commits the
nations of the world to intervene to protect civilians facing mass
atrocities.

The MacArthur Foundation supports organizations that aim to make the
''responsibility to protect'' a universally applied norm, not just a
noble aspiration. But intervention is only one element of the pursuit
of justice.

The sad truth is the crisis in Darfur has persisted for so long and
the atrocities have run so deep that accountability is just as
important as intervention. Even if the nations of the world
successfully intervene now, Darfur will not know lasting peace unless
justice is brought to the people who perpetrated the crimes.

Last May, the International Criminal Court issued arrest warrants for
Ahmad Haroun, a government minister, and Ali Kushayb, a leader of the
janjaweed militias. Sudan has not turned the men over and has instead
defied the international community by protecting Mr. Kushayb;
promoting Mr. Haroun to humanitarian affairs minister; and recently
appointing Musa Hilal, another notorious janjaweed leader, to be
special adviser to the minister of federal affairs.

The United States, along with China, Russia and other members of the
United Nation Security Council, should recommit themselves to the
values that inspired the responsibility to protect, pressure Sudan to
turn over Mr. Haroun and Mr. Kushayb, and see that justice is served
in Darfur…."

**********************************
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
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