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Darfur: EU statement on the anniversary of the referral of the Darfur situation to the ICC; confirmation of release of Ali Kushayb; US White House memorandum

08 Apr 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 European Union's statement on
the anniversary of the referral of the Darfur situation to the ICC;
the Sudanese government confirmed the release of ICC-indictee Ali
Kushayb; more calls for the arrest and transfer of the ICC indictees;
and the US White House memorandum certifying that members of the U.S.
Armed Forces participating in the United Nations-African Union Mission
in Darfur (UNAMID) are 'without risk of criminal prosecution or other
assertion of jurisdiction by the International Criminal Court'.

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

****************
A. EU PRESIDENCY ON THE ANNIVERSARY OF THE REFERRAL OF THE DARFUR SITUATION

Note: 31 March marks the anniversary for the adoption of UN Security
Council Resolution 1593, by which the situation in Darfur is referred
to the Office of the Prosecutor of the International Criminal Court.
This was the first, and only time, the UNSC referred a situation to
the ICC.

1. Declaration by the Presidency on behalf of the European Union on
the Anniversary of the referral of the situation in Darfur/Sudan to
the ICC, African Press Organization, 31 March 2008
http://appablog.wordpress.com/2008/03/31/darfursudan-declaration-by-the-presidency-on-behalf-of-the-european-union-on-the-anniversary-of-the-referral-of-the-situation-in-darfursudan-to-the-icc/

"The EU expresses its profound dismay with the Government of Sudan's
continued failure to comply with its obligations under UNSC Resolution
1593 including its refusal to arrest and surrender these men to the
ICC for prosecution, much less allow the ICC to question them...."

Reflected also at: http://www.sudantribune.com/spip.php?article26648


B. ICC/OTP TRACING SUSPECTS- KUSHAYB CONFIRMED FREE BY SUDANESE GOVERNMENT
AND UN AMBASSADOR WANTS TO PROSECUTE ICC PROSECUTOR

1. "ICC monitoring movements of Darfur war crimes suspect," Sudan
Tribune, 31 March 2008
http://www.sudantribune.com/spip.php?article26568
"The prosecutor of the ICC Luis Moreno-Ocampo said in prepared remarks
at the twelfth diplomatic briefing that his office is working with
unspecified countries to trace the whereabouts of Ahmed Haroun, state
minister for humanitarian affairs...."

2. "Sudan confirms release of Darfur war crimes suspect indicted by
ICC," Sudan Tribune, 2 April 2008
http://www.sudantribune.com/spip.php?article26594

"The Sudanese government today confirmed that it had freed a militia
leader indicted by the International Criminal Court (ICC) for lack of
evidence.

....Khartoum had long claimed that Kushayb was in custody since
November 2006 for investigations into allegations of violations he
committed during the peak of the Darfur conflict in 2004.Kushayb has
been nicknamed as the 'Butcher of Darfur' by Darfur refugees and is
alleged to have carried out mass executions against the African
population in the area...."

3. "Sudan demands the arrest and prosecution of the ICC prosecutor," Sudan
Tribune, 6 April 2008
http://www.sudantribune.com/spip.php?article26666

"The prosecutor of the International Criminal Court (ICC) should be
brought before a court of law, a senior Sudanese official said.

Sudan's U.N. ambassador Abdel-Mahmood Mohamad told the daily Al-Rayaam
that Luis Moreno-Ocampo 'is jeopardizing the political settlement in
Darfur'.

...Sudan's UN envoy said that Ocampo is 'politically bankrupt' and
described him the 'enemy number one of peace in Darfur'.

This is not the first time Mohamad issues public rebukes of Ocampo. His
sharp criticism of the ICC prosecutor has taken a more personal nature
during the course of the year.

Last May the Sudanese official demanded that the UN restricts Ocampo's
visits to New York to meet with officials in the world body as well as
permanent representatives.

...The prosecutor of the ICC will brief the UNSC in June on the status of
investigations and Sudan's cooperation. He has already informed the
council of Sudan's non-compliance last December...."


C. INTERNATIONAL CALL TO ARREST AND TRANSFER ICC INDICTEES- EDITORIAL

1. "Call for UN to confront Sudan over alleged war criminals," Sudan
Tribune, 31 March 2008
http://www.sudantribune.com/spip.php?article26574

"The letter, distributed by U.K. charity The Aegis Trust - which
campaigns against genocide worldwide - called on members of the
Security Council to 'visit Khartoum at the earliest possible
opportunity to demand that the suspects are handed to the ICC
(International Criminal Court).'

Among the signatories are Carla del Ponte and Richard Goldstone,
former chief prosecutors for the International Criminal Tribunals for
the former Yugoslavia and Rwanda respectively, former U.K. justice
minister Charles Falconer and former Canadian justice minister Irwin
Cotler.

They called on the council to freeze the personal assets of Sudanese
government officials harboring the two suspects - Ahmed Haroun and Ali
Koshieb - and any others suspected of committed war crimes in Sudan's
Darfur region...."

2. 'Sanctions on Sudan now' by Lotte Leicht (HRW Director for EU) for
the Newstateman, 2 April 2008
http://www.newstatesman.com/200804020004

"Shortly after taking office, UK Prime Minister Gordon Brown stood
before the United Nations General Assembly and declared the situation
in Darfur to be the "greatest humanitarian disaster" facing the world
today. He sent a message to Darfur that "it is time for change".

Brown pledged to place sanctions on the Sudanese government if the
killings of civilians in Darfur did not stop. Nine months later,
people are still dying and suffering - apparently, Khartoum did not
get the message. It is time to send it with a new messenger -
sanctions...."

D. US TROOPS WITHOUT RISK OF CRIMINAL PROSECUTION BY THE ICC

1. Memorandum for the Secretary of State Certification Concerning U.S.
Participation in the United Nations-African Union Mission in Darfur
Under Section 2005 of the American Servicemembers' Protection Act
The White House
March 26, 2008
http://www.whitehouse.gov/news/releases/2008/03/20080327-1.html

"....Consistent with section 2005 of the American Servicemembers'
Protection Act (Public Law 107-206; 22 U.S.C. 7421 et seq.),
concerning the participation of members of the Armed Forces of the
United States in certain United Nations peacekeeping and peace
enforcement operations, I hereby certify that members of the U.S.
Armed Forces participating in the United Nations-African Union Mission
in Darfur (UNAMID) are without risk of criminal prosecution or other
assertion of jurisdiction by the International Criminal Court
(ICC)..."
**********************************

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