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Darfur, PART I: HRW's World Report 2008; Interview with Moreno-Ocampo; Excerpts of ICC-Relevant Statements made by the Security Council Members during Meeting called to Discuss SG's Report on Sudan

13 Feb 2008

Dear Colleagues,

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

This digest includes excerpts from Human Rights Watch's World Report 2008;
excerpts from an Inter Press Service interview with Luis Moreno-Ocampo; BBC
report of a Sudanese radio broadcast in which the state minister at the
Sudanese Ministry of Foreign Affairs said Sudan is not a party to the ICC
and "knows that its objectives are political"; and excerpts of ICC-relevant
statements made by Security Council (SC) members during the 8 February 2008
SC meeting called to discuss the Secretary-General's reports on Sudan.

We will send the second part of this digest shortly to reflect media
coverage on the role of the Government of Sudan in exacerbating the ongoing
violence in Darfur and developments related to the hybrid UN/AU peacekeeping
force that was deployed earlier this year.

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,

Shelly Sayagh
CICC Communications
______________________________

I. HUMAN RIGHTS WATCH WORLD REPORT 2008

In this report, released on 31 January, 2008, Human Rights Watch examines
the human rights situation in 76 countries (including the European Union and
the United States), of which 19 are in Africa. It raised concerns of
persistent human rights abuses in four counties where the ICC has issued
arrest warrants. The report expresses concern on the actions of the Sudanese
government and the role it has taken in the conflict in Darfur.

"Continued violence, impunity, accountability and prospects for the ICC,"
http://hrw.org/wr2k8/pdfs/wr2k8_web.pdf

."The Sudanese government played a central role in fomenting the chaos.
[T]hroughout [last] year progress towards deployment [of a joint African
Union-United Nations 'hybrid' peacekeeping force for Darfur] was dogged by
Sudanese government obstruction. The government made no genuine efforts to
address the impunity with which abuses have been carried out. On April 27
2007, the International Criminal Court's (ICC) Pre-Trial Chamber issued
arrest warrants for Sudan's state minister for humanitarian affairs Ahmed
Harun and the Janjaweed militia leader Ali Kosheib. The Sudanese government
publicly refused to cooperate with the ICC, and instead of handing Harun
over to the court, in September 2007 it appointed him co-chair of a
committee authorized to respond to human rights complaints, including on
Darfur. Kosheib, who had been arrested in connection with other crimes was,
according to Sudan's Foreign Minister, released from custody in October.

. Journalists in Sudan use the term 'red line' to describe issues they
cannot report on for fear of reprisals by the government authorities. 'Red
line' issues include Darfur, the ICC, and the July detention of the 17
alleged 'coup plotters,' including Mubarak al-Mahdi, leader of the Umma
Party (Reform and Renewal). Newspapers risk confiscation of their
publications or closure if they report on these issues, and journalists risk
harassment and arrest.

. It is clear that the government of Sudan has consistently failed to
fulfill its obligations under international law, including those imposed by
various Security Council resolutions. It continues to carry out attacks on
civilians, has failed to take action to reign in the Janjaweed militia, and
has refused to cooperate with the ICC. However, to date, the United Nations
has imposed targeted sanctions on only four low-level individuals, none of
whom are senior government policymakers."

II. INTERVIEW WITH ICC PROSECUTOR

: "Ahmad Harun Will Face Justice; It Is His Destiny," IPS
6 February 2008, http://www.ipsnews.net/news.asp?idnews=41092

".Nearly a year [after the ICC issued its first arrest warrants in a
three-year investigation of war crimes in Darfur naming Janjaweed militia
leader Ali Kushayb and Sudanese official Ahmad Muhammed Harun], Sudan has
not made any move to execute the warrants. The government, led by Omar
Hassan al-Bashir, does not recognize the jurisdiction of The Hague-based ICC
over crimes in Darfur - despite a Security Council resolution requiring
Sudan's cooperation - instead insisting that they be investigated and
prosecuted locally.

'As Minister of State for Humanitarian Affairs, Ahmad Harun, a man indicted
by the International Criminal Court, is responsible for providing relief,
for working with international aid organizations, and for coordinating with
relevant security organs the security in the IDP [internally displaced
persons] camps,' the ICC's chief prosecutor, Luis Moreno-Ocampo, told IPS.
'Formally, he shares responsibility for the safety and well-being of the
displaced population. In reality, he joins in constant abuses against them.'

'In Darfur in 2003-2004, we witnessed the first phase of the criminal plan
coordinated by Ahmad Harun. Millions of people were forced out of their
villages and into camps. In the second phase - happening right now in front
of our eyes - the victims are attacked in the camps. Ahmad Harun is a key
actor. .Failure to take any step to investigate or arrest him and failure to
remove him from office are clear indicia of the support Harun receives by
other high officials,' Moreno-Ocampo said.

LM-O: [T]he prosecutor reported in December to the U.N. Security Council
that Sudan was not complying with its obligation [to remove and arrest
Harun]. The situation has not changed since. The government of Sudan .has
the legal obligation to arrest and surrender Ahmad Harun and has the ability
to do so. Sudan is a member state of the U.N. Sudan cannot ignore the law.

IPS: Is there anything that any unit of the U.S. government [which is not a
party to the ICC] could do to help bring Harun to justice?

LM-O: .We have noted recent comments that the U.S. would provide assistance
in response to an appropriate request. ...What we need is for U.N. Security
Council members - and among them, the U.S. - to demonstrate, publicly and
proactively .their support to arrest indicted individuals. This is the kind
of concrete, immediate assistance we are requesting.

.IPS: If, as seems to be the case, Harun is not handed over to the ICC, then
what happens? Can you proceed with a trial of Harun in absentia, or will
there continue to be diplomatic and bureaucratic limbo?

LM-O: The Rome Statute does not allow for trial in absentia. It provides,
however, for confirmation of charges in the absence of the accused, although
this is not an option being pursued at the moment. Ahmad Harun will face
justice. It is his destiny. Look what happened to Charles Taylor, Jean
Kambanda, and Slobodan Milosevic; it is a clear trend; there is no more
impunity.

IPS: After the trial of Harun is completed - if, indeed, a trial does take
place - who do you and the ICC Prosecutor Office next plan to indict on
human/civil rights charges, or war criminal-related charges ?

LM-O: In Darfur today, massive crimes continue to be committed...
The office will proceed to investigate who is bearing the greatest
responsibility for ongoing attacks against civilians; who is maintaining
Harun in a position to commit crimes; who is instructing him. This is the
second Darfur case. In relation to the other new investigation, on 29
October 10 soldiers of the AU Mission in Sudan, AMIS, were killed, eight
injured and one unaccounted for after the attack on their Haskanita base.
The incident .represents an increasing trend in attacks against AU, U.N. and
other international workers by various forces, a trend which the office is
monitoring with concern."

III. "Sudanese Official, Dutch Ministers Review Bilateral Ties," Report by
Sudanese radio (BBC Worldwide Monitoring) 8 February 2008
"During his meeting with the Dutch Foreign Minister Maxime Verhagen and
Minister of Development Cooperation, Bert Koenders, [state minister at the
Sudanese Ministry of Foreign Affairs Ali] Karti said Sudan is not a party
to the International Criminal Court [ICC] and knows that its objectives are
political. He said the visit by the Dutch minister would give an impetus to
the bilateral ties and open new horizons for cooperation between the two
countries."

IV. "Security Council Meeting No. 5832 called to discuss the Secretary
General's briefing on Darfur," 8 February 2008,
http://www.un.org/Depts/dhl/resguide/scact2008.htm

".Mr. Weisleder (Costa Rica): .Justice is an essential component in the
achievement of lasting peace. Perpetrators of war crimes, crimes against
humanity or the crime of genocide are attacking human dignity and the
conscience of the international community, and should therefore be
answerable to justice without delay.

Costa Rica restates its commitment to the International Criminal Court and
would like to emphasize the obligation of the Government of Sudan to
cooperate with that high Court, pursuant to resolution 1593. The
international community's commitment to peace requires the Security Council
to go beyond rhetoric and thus guarantee the implementation of its
resolutions and of the mandates emanating from them.

.Mr. Ripert (France): Lastly, my delegation ardently hopes that the crimes
committed in Darfur will not go unpunished. The International Criminal Court
should pursue its activities with regard to the most serious crimes, some of
the perpetrators of which are unfortunately still being protected by the
Sudanese authorities.

.Mr. Mantovani (Italy): .Let me also recall that there can be no impunity
for the crimes committed in Darfur. Italy supports the opinion and
conclusions of the Council of the European Union on 28 January and its call
on the Government of the Sudan to cooperate with the International Criminal
Court.

.Mrs. Mladineo (Croatia): ...The fourth track is impunity. I share the
concerns of several colleagues and their dismay at the total lack of
progress in holding to account those indicted by the International Criminal
Court for war crimes and crimes against humanity in Darfur. Those
indictments will not go away. Justice will be an integral part of lasting
peace in Darfur. The appointment of Musa Hilal, who was sanctioned by the
Security Council under its resolution 1672, to a Sudanese Government
position is a further concern. It will not advance the peace process.

.Mr. Verbeke (Belgium): .I cannot conclude without emphasizing once again a
major priority of my delegation: the fight against impunity. Here, the Sudan
has a twofold obligation: to cooperate with the International Criminal Court
pursuant to resolution 1593; and to implement the restrictive measures
imposed by the Security Council. Without wishing to confuse the two issues,
Belgium deplores the recent appointment of Mr. Musa Hilal - who appears on
the sanctions Committee's list of individuals and entities - as a Government
adviser. That is in addition to the unfortunate fact that two individuals
indicted by the International Criminal Court, including Mr. Ahmed Harun,
have yet to be transferred to The Hague.

.Mr. Arias (Panama/President): Moreover, Panama echoes the sentiments
expressed by States regarding their serious concerns regarding the lack of
protection by the Government of Sudan of the human rights of its citizens
and its lack of respect for the authorities of the International Criminal
Court."

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

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.

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News Browse by Region Media Digests Country Updates UN Excerpts on the ICC Updates of the Assembly Browse by Region		Darfur, PART I: HRW's World Report 2008; Interview with Moreno-Ocampo; Excerpts of ICC-Relevant Statements made by the Security Council Members during Meeting called to Discuss SG's Report on Sudan 13 Feb 2008 Dear Colleagues, Please find below information on recent developments related to the International Criminal Court's investigation in Darfur, Sudan. This digest includes excerpts from Human Rights Watch's World Report 2008; excerpts from an Inter Press Service interview with Luis Moreno-Ocampo; BBC report of a Sudanese radio broadcast in which the state minister at the Sudanese Ministry of Foreign Affairs said Sudan is not a party to the ICC and "knows that its objectives are political"; and excerpts of ICC-relevant statements made by Security Council (SC) members during the 8 February 2008 SC meeting called to discuss the Secretary-General's reports on Sudan. We will send the second part of this digest shortly to reflect media coverage on the role of the Government of Sudan in exacerbating the ongoing violence in Darfur and developments related to the hybrid UN/AU peacekeeping force that was deployed earlier this year. 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, Shelly Sayagh CICC Communications ______________________________ I. HUMAN RIGHTS WATCH WORLD REPORT 2008 In this report, released on 31 January, 2008, Human Rights Watch examines the human rights situation in 76 countries (including the European Union and the United States), of which 19 are in Africa. It raised concerns of persistent human rights abuses in four counties where the ICC has issued arrest warrants. The report expresses concern on the actions of the Sudanese government and the role it has taken in the conflict in Darfur. "Continued violence, impunity, accountability and prospects for the ICC," http://hrw.org/wr2k8/pdfs/wr2k8_web.pdf ."The Sudanese government played a central role in fomenting the chaos. [T]hroughout [last] year progress towards deployment [of a joint African Union-United Nations 'hybrid' peacekeeping force for Darfur] was dogged by Sudanese government obstruction. The government made no genuine efforts to address the impunity with which abuses have been carried out. On April 27 2007, the International Criminal Court's (ICC) Pre-Trial Chamber issued arrest warrants for Sudan's state minister for humanitarian affairs Ahmed Harun and the Janjaweed militia leader Ali Kosheib. The Sudanese government publicly refused to cooperate with the ICC, and instead of handing Harun over to the court, in September 2007 it appointed him co-chair of a committee authorized to respond to human rights complaints, including on Darfur. Kosheib, who had been arrested in connection with other crimes was, according to Sudan's Foreign Minister, released from custody in October. . Journalists in Sudan use the term 'red line' to describe issues they cannot report on for fear of reprisals by the government authorities. 'Red line' issues include Darfur, the ICC, and the July detention of the 17 alleged 'coup plotters,' including Mubarak al-Mahdi, leader of the Umma Party (Reform and Renewal). Newspapers risk confiscation of their publications or closure if they report on these issues, and journalists risk harassment and arrest. . It is clear that the government of Sudan has consistently failed to fulfill its obligations under international law, including those imposed by various Security Council resolutions. It continues to carry out attacks on civilians, has failed to take action to reign in the Janjaweed militia, and has refused to cooperate with the ICC. However, to date, the United Nations has imposed targeted sanctions on only four low-level individuals, none of whom are senior government policymakers." II. INTERVIEW WITH ICC PROSECUTOR : "Ahmad Harun Will Face Justice; It Is His Destiny," IPS 6 February 2008, http://www.ipsnews.net/news.asp?idnews=41092 ".Nearly a year [after the ICC issued its first arrest warrants in a three-year investigation of war crimes in Darfur naming Janjaweed militia leader Ali Kushayb and Sudanese official Ahmad Muhammed Harun], Sudan has not made any move to execute the warrants. The government, led by Omar Hassan al-Bashir, does not recognize the jurisdiction of The Hague-based ICC over crimes in Darfur - despite a Security Council resolution requiring Sudan's cooperation - instead insisting that they be investigated and prosecuted locally. 'As Minister of State for Humanitarian Affairs, Ahmad Harun, a man indicted by the International Criminal Court, is responsible for providing relief, for working with international aid organizations, and for coordinating with relevant security organs the security in the IDP [internally displaced persons] camps,' the ICC's chief prosecutor, Luis Moreno-Ocampo, told IPS. 'Formally, he shares responsibility for the safety and well-being of the displaced population. In reality, he joins in constant abuses against them.' 'In Darfur in 2003-2004, we witnessed the first phase of the criminal plan coordinated by Ahmad Harun. Millions of people were forced out of their villages and into camps. In the second phase - happening right now in front of our eyes - the victims are attacked in the camps. Ahmad Harun is a key actor. .Failure to take any step to investigate or arrest him and failure to remove him from office are clear indicia of the support Harun receives by other high officials,' Moreno-Ocampo said. LM-O: [T]he prosecutor reported in December to the U.N. Security Council that Sudan was not complying with its obligation [to remove and arrest Harun]. The situation has not changed since. The government of Sudan .has the legal obligation to arrest and surrender Ahmad Harun and has the ability to do so. Sudan is a member state of the U.N. Sudan cannot ignore the law. IPS: Is there anything that any unit of the U.S. government [which is not a party to the ICC] could do to help bring Harun to justice? LM-O: .We have noted recent comments that the U.S. would provide assistance in response to an appropriate request. ...What we need is for U.N. Security Council members - and among them, the U.S. - to demonstrate, publicly and proactively .their support to arrest indicted individuals. This is the kind of concrete, immediate assistance we are requesting. .IPS: If, as seems to be the case, Harun is not handed over to the ICC, then what happens? Can you proceed with a trial of Harun in absentia, or will there continue to be diplomatic and bureaucratic limbo? LM-O: The Rome Statute does not allow for trial in absentia. It provides, however, for confirmation of charges in the absence of the accused, although this is not an option being pursued at the moment. Ahmad Harun will face justice. It is his destiny. Look what happened to Charles Taylor, Jean Kambanda, and Slobodan Milosevic; it is a clear trend; there is no more impunity. IPS: After the trial of Harun is completed - if, indeed, a trial does take place - who do you and the ICC Prosecutor Office next plan to indict on human/civil rights charges, or war criminal-related charges ? LM-O: In Darfur today, massive crimes continue to be committed... The office will proceed to investigate who is bearing the greatest responsibility for ongoing attacks against civilians; who is maintaining Harun in a position to commit crimes; who is instructing him. This is the second Darfur case. In relation to the other new investigation, on 29 October 10 soldiers of the AU Mission in Sudan, AMIS, were killed, eight injured and one unaccounted for after the attack on their Haskanita base. The incident .represents an increasing trend in attacks against AU, U.N. and other international workers by various forces, a trend which the office is monitoring with concern." III. "Sudanese Official, Dutch Ministers Review Bilateral Ties," Report by Sudanese radio (BBC Worldwide Monitoring) 8 February 2008 "During his meeting with the Dutch Foreign Minister Maxime Verhagen and Minister of Development Cooperation, Bert Koenders, [state minister at the Sudanese Ministry of Foreign Affairs Ali] Karti said Sudan is not a party to the International Criminal Court [ICC] and knows that its objectives are political. He said the visit by the Dutch minister would give an impetus to the bilateral ties and open new horizons for cooperation between the two countries." IV. "Security Council Meeting No. 5832 called to discuss the Secretary General's briefing on Darfur," 8 February 2008, http://www.un.org/Depts/dhl/resguide/scact2008.htm ".Mr. Weisleder (Costa Rica): .Justice is an essential component in the achievement of lasting peace. Perpetrators of war crimes, crimes against humanity or the crime of genocide are attacking human dignity and the conscience of the international community, and should therefore be answerable to justice without delay. Costa Rica restates its commitment to the International Criminal Court and would like to emphasize the obligation of the Government of Sudan to cooperate with that high Court, pursuant to resolution 1593. The international community's commitment to peace requires the Security Council to go beyond rhetoric and thus guarantee the implementation of its resolutions and of the mandates emanating from them. .Mr. Ripert (France): Lastly, my delegation ardently hopes that the crimes committed in Darfur will not go unpunished. The International Criminal Court should pursue its activities with regard to the most serious crimes, some of the perpetrators of which are unfortunately still being protected by the Sudanese authorities. .Mr. Mantovani (Italy): .Let me also recall that there can be no impunity for the crimes committed in Darfur. Italy supports the opinion and conclusions of the Council of the European Union on 28 January and its call on the Government of the Sudan to cooperate with the International Criminal Court. .Mrs. Mladineo (Croatia): ...The fourth track is impunity. I share the concerns of several colleagues and their dismay at the total lack of progress in holding to account those indicted by the International Criminal Court for war crimes and crimes against humanity in Darfur. Those indictments will not go away. Justice will be an integral part of lasting peace in Darfur. The appointment of Musa Hilal, who was sanctioned by the Security Council under its resolution 1672, to a Sudanese Government position is a further concern. It will not advance the peace process. .Mr. Verbeke (Belgium): .I cannot conclude without emphasizing once again a major priority of my delegation: the fight against impunity. Here, the Sudan has a twofold obligation: to cooperate with the International Criminal Court pursuant to resolution 1593; and to implement the restrictive measures imposed by the Security Council. Without wishing to confuse the two issues, Belgium deplores the recent appointment of Mr. Musa Hilal - who appears on the sanctions Committee's list of individuals and entities - as a Government adviser. That is in addition to the unfortunate fact that two individuals indicted by the International Criminal Court, including Mr. Ahmed Harun, have yet to be transferred to The Hague. .Mr. Arias (Panama/President): Moreover, Panama echoes the sentiments expressed by States regarding their serious concerns regarding the lack of protection by the Government of Sudan of the human rights of its citizens and its lack of respect for the authorities of the International Criminal Court." ******************* 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.