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Darfur, Part I: Statement by the OTP; Reuters; US Garret and Obama on Darfur; Reactions from Sudanese Governement; Letters to Rice

14 May 2008

Dear friends,

Please find below the first of a two-part digest containing information on recent developments related to the International Criminal Court's investigation in Darfur, Sudan.

Featured in this message are some excerpts of a statement by the Office of the Prosecutor on the one-year anniversary of the issuance of the Darfur arrest warrants, in which Moreno-Ocampo urges the international community to send a strong message to the Sudanese governement, requesting the execution of the arrest warrants; in an interview with Reuters, the Prosecutor stated that before the end of 2008, he planned to present evidence against new suspects to ICC judges, if "Khartoum does not hand over [Harun and Kushayb] by June 5, 2008." This digest also includes statements by US Representative Scott Garrett (NJ) and Senator Barack Obama (IL) on Darfur, both mentioning the ICC; a statement by the President of the EU Parliament Hans-Gert Poettering, calling on Sudan to surrender war criminals; reactions from the Sudanese government, accusing Moreno Ocampo of "political blackmail;" and letters to US Secretary of State Condoleeza Rice in advance of the US presidency of the UN Security Council in June.

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
[email protected]
CICC Communications

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I. ICC/OTP STATEMENT: "Harun is a fugitive"

This document has been produced by the OTP/ICC. The CICC Secretariat distributes it as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. The documents do not reflect the views of the CICC as a whole or its individual members.

Statement "ICC Prosecutor: Harun is a fugitive," 26 April 2008, http://www.icc-cpi.int/library/organs/otp/otp_events/LMO_20080427.html

Some excerpts read:

"One year ago, on 27 April 2007 the Pre-Trial Chamber of the International Criminal Court issued arrest warrants against Ahmad Harun, former Minister of State for the Interior of the Sudan, and Ali Kushayb— a Militia/Janjaweed leader — for 51 counts of alleged crimes against humanity and war crimes.

.... There are no national proceedings related to those crimes in the Sudan. 'Brutal and massive attacks, rapes, tortures were committed 5 years ago against Sudanese citizens and their own Government promised everything and has done nothing', noted the Prosecutor.

..... One year after the issuance of the warrants, Ahmad Harun and Ali Kushayb are free in the Sudan. Ahmad Harun is today Minister of State for Humanitarian Affairs. "He attacked Sudanese people, his people, those he vowed to protect as Minister; he is an indicted minister, he is a fugitive" said the Prosecutor, adding 'he will end up in Court.'

..... Today, he added, 'I urge the international community to send a strong and unanimous message to the Government of the Sudan, requesting the execution of the arrest warrants. The GoS, as the territorial State, has a responsibility to do so. They can, they must surrender the two indicted criminals now, and break the system of violence and impunity in Darfur…. "

II. MEDIA REFLECTS OTP STATEMENT

"Sudan: Darfur Suspect a 'Fugitive,' Says International Criminal Court Prosecutor", UN News Service (New York), 26 April 2008, http://www.un.org/apps/news/story.asp?NewsID=26472&Cr=darfur&Cr1=

"Despite an arrest warrant being issued for him one year ago by the International Criminal Court (ICC), a Sudanese minister accused of crimes against humanity and war crimes in the war-ravaged region of Darfur is free and is a 'fugitive,' the body's Prosecutor said today.

'He attacked Sudanese people, his people, those he vowed to protect as Minister; he is an indicted minister, he is a fugitive,' ICC Prosecutor Luis Moreno-Ocampo said in a press release. 'He will end up in Court.' …"

III. PROSECUTOR SAYS COURT COULD INDICT MORE

"Global court could indict more over Sudan's Darfur", Reuters, 27 April 2008, http://africa.reuters.com/top/news/usnBAN733619.html

"The prosecutor of the International Criminal Court warned Sudan on Saturday he will move against more officials soon if Khartoum fails to arrest suspects he has sought for a year over crimes in Darfur. Luis Moreno Ocampo told Reuters in an interview he planned to present evidence against new suspects to ICC judges before the end of the year if Khartoum does not hand over two suspects by the time he reports to the U.N. Security Council on June 5.

.... Asked how many new suspects he might name, Moreno-Ocampo said it would depend on the evidence, noting his other cases involved up to five people: 'We are trying to define who is the most responsible for the current situation.'

.... His office is also investigating alleged rebel attacks against peacekeepers, but said that could take longer to come to court because it was harder to establish who was in command...."

IV. US OFFICIALS ON DARFUR

i. "Rep. Garrett Condemns Administration Dealings with Darfur Terrorist", US Fed News, 23 April 2008,
http://garrett.house.gov/News/DocumentSingle.aspx?DocumentID=89482

Rep. E. Scott Garrett, R-N.J. (5th CD), issued the following news release:

Today, US Representative Scott Garrett (NJ-5) joined several of his colleagues to condemn the Bush Administration's recent shift in policy
towards Sudan. Garrett stated: "I am proud that the United States
was one of the largest international humanitarian and peacekeeping supporters in Sudan and Darfur, but the recent actions by the Administration are completely unacceptable....."

The letter sent to President Bush makes ten recommendations regarding the United States future dealings with Darfur.

1. The Government of Sudan must fully implement, without delay, the CPA and DPA.

….. 3. The Government of Sudan must hand over to the International Criminal Court all indicted individuals without any delay.…..[list follows]"

ii. "Statement of Senator Barack Obama on Continuing Crisis in Darfur", States News Service, 25 April 2008,
http://obama.senate.gov/press/080423-statement_of_se_22/

The following information was released by Illinois Senator Barack Obama. The following statement on the Senate Foreign Relations Committee hearing on the continuing crisis in Darfur:

"All the proclamations, the 'Never Again' speeches, and the efforts of many around the world have as yet failed to stop the five-year-long genocide in Darfur. The indiscriminate killing, raping and displacement continue and are escalating. Only decisive and concerted action can end this genocide.

'To start, the US must lead in supporting the full and effective deployment of the United Nations (UN)/African Union (AU) protection force and ensure that the Government of Sudan faces meaningful penalties for obstructing and delaying the deployment of this force.
....

'Those that continue to commit war crimes and obstruct peace and protection efforts must face significant penalties. The US should lead in the UN Security Council to impose effective targeted sanctions and to curtail violations of the arms embargo through the UN Security Council Sanctions Committee and the US Department of Treasury's Office of Foreign Assets Control. .... The US also needs to work with the International Criminal Court to ramp up the pace of indictments of those responsible for war crimes and crimes against humanity, while Khartoum must feel increased pressure to hand over those individuals already indicted by the Court...."

V. PRESIDENT OF THE EUROPEAN PARLIAMENT CALLS SUDAN TO SURRENDER WAR CRIMINALS TO THE ICC

i."Poettering wants Sudan to give up war criminals Cooperation with International Criminal Court sought", New Europe, 5 May 2008, http://www.neurope.eu/articles/86293.php

"The President of the European Parliament, Hans-Gert Poettering, has called on the government of Sudan to cooperate with the International Criminal Court (ICC) with a view to ensuring adequate and effective investigation and prosecution of war crimes and crimes against humanity committed in the region of Darfur.

He said, 'One year ago the International Criminal Court issued arrest warrants against Ahmad Harum, current minister for humanitarian affairs, and Ali Kushayb, former Janjaweed militia leader, charging them with several counts of war crimes and crimes against humanity for their leading roles in attacks against civilians in Darfur in 2003 and 2004. One year on, the suspects in question are still free and the government of Sudan still refuses to arrest and hand over the two suspects.

I urge the government of Sudan to comply with UN Security Council Resolution 1593 and to cooperate unconditionally with the ICC by surrendering the two suspects. The continuous failure of the government of Sudan to cooperate prompts the European Parliament to advocate for, and support further measures against those who bear responsibility for Sudan's failure to cooperate with the ICC, including through the possible imposition of EU targeted sanctions.
The ICC Prosecutor will report to the UN Security Council early June.

I appeal to the European Council scheduled for June 19-20 to examine the report and take appropriate measures if the ICC Prosecutor verifies Sudan's continued non-cooperation with the ICC,' he said...."

VI. SUDANESE GOVERNMENT'S REACTIONS

i. "Sudan adamant on Darfur war crimes suspects", BBC Monitoring Middle East – Political, 27 April 2008, [Text of report by Sudanese Media Centre website on 27 April, link not available]

"Government blames International Criminal Court (ICC) prosecutor general Louis (sic) Ocampo for pressuring the government to surrender minister of state for humanitarian affairs, Ahmad Harun and Ali Kushayb alleged to have committed atrocities in Darfur region.

The government however considers Ocampo's pressure as political blackmail in favour of some countries hostile to Sudan. High ranking official has told local press that the government would not surrender the two suspects to ICC, but he retreats by saying the government is committed to present any person suspected of having been involved in crimes in Darfur for prosecution by Sudanese judiciary..."

ii. "Sudan says ICC demand of arrest is political blackmail", Sudan Tribune, 28 April 2008,
http://www.sudantribune.com/spip.php?article26915

"A Sudanese official reiterated the refusal of his government to hand over Darfur war crime suspects wanted by the International Criminal Court (ICC), describing the demand of extradition as 'blatant political blackmail that we will not respond to him.'

.... Al Sahafa daily newspaper today quoted a presidential official without giving his name as saying that his government believes that the Prosecutor of the ICC, Luis Moreno Ocampo, emerged from the scope of his legal framework and playing a political role which is not in the jurisdiction of the ICC.

He further said that he believes that non-governmental organizations implement a political agenda of some countries with hostile attitudes toward Khartoum…."

iii. "Sudan cautiously optimistic on UK new Darfur initiative", Sudan Tribune, 5 May 2008, http://www.sudantribune.com/spip.php?article27009

"The Sudanese government described talks held with UK officials last week as 'frank, transparent and constructive'.

The Sudanese presidential adviser Mustafa Ismail told Sudan official news agency (SUNA) said the discussions in London were 'positive' and that it tackled bilateral relations, implementation of Comprehensive Peace Agreement (CPA) and Darfur crisis.

..... The British ministers also urged the Sudanese government to cooperate fully with the International Criminal Court (ICC), which has issued warrants for two Sudanese citizens, accused of war crimes in Darfur in 2003 and 2004.

But Ismail speaking to Al-Jazeera news channel from London over the weekend reiterated his government's refusal to cooperate with the ICC saying it does not have jurisdiction over Sudanese nationals…."

VII. NGO ACTION: HRW AND AMNESTY INTERNATIONAL LETTERS TO RICE BEFORE US SC PRESIDENCY IN JUNE

i. "US: Confront Sudan's Defiance on Darfur - Letter to Condoleezza Rice ahead of US Security Council Presidency in June", HRW, 22 April 2008, http://hrw.org/english/docs/2008/04/22/sudan18683.htm

"Dear Madam Secretary:

We are writing you in advance of the US assumption of the UN Security Council presidency this June to call your attention to the Sudanese government's deliberate and ongoing defiance of Security Council resolutions aimed at protecting civilians and at providing accountability in Darfur. Given the gravity and magnitude of the Darfur crisis, we hope that your office will give this very serious matter your full consideration in the weeks ahead.

..... Finally, in contravention of resolution 1593, by which the Security Council referred the Darfur situation to the International Criminal Court (ICC), Khartoum refuses to cooperate with the ICC.
Nearly a year after the court's issuance of arrest warrants, the first two suspects are still free. One, Ahmed Haroun, who is also the subject of US sanctions, remains State Minister for Humanitarian Affairs and is the government's liaison to UNAMID. Haroun was also appointed to co-chair a committee designated to hear human rights complaints during Secretary-General Ban Ki-moon's visit to Sudan last September. The other, Ali Kosheib, had been in national custody in relation to other charges at the time that the ICC warrants were issued, but was released from prison last October. The call on April 6 by Sudan's UN Ambassador Abdel-Mahmood Mohamad to arrest and try ICC prosecutor Luis Moreno Ocampo further demonstrates Sudan's open and ongoing defiance of the UN Security Council.

.... Human Rights Watch also urges the US government to press Khartoum following the June 5 report to the Security Council by the ICC prosecutor. As president of the Council, the US should support the adoption of a resolution or a presidential statement criticizing Sudan's continued non-compliance. We believe that anything short of a robust effort will further embolden the perpetrators of the Darfur crisis. … "

ii. "AMNESTY INTERNATIONAL: Sudan: Open Letter to United Nations Security Council", States News Service, 25 April 2008, [link unavailable].

The following information was released by Amnesty International USA:

"Your Excellency,

One year ago, the International Criminal Court (ICC) issued arrest warrants against Ahmad Harun and Ali Kushayb for their alleged role in war crimes and crimes against humanity in Darfur. On the anniversary of their issuance, we write to you to urge the Security Council to take immediate steps to ensure the prompt arrest and surrender to the ICC of these two suspects.

..... We urge the Security Council to finally deliver on its promise to provide justice for the victims of human rights abuses in Darfur.
To do so the Council should:

On the occasion of the ICC prosecutor's briefing to the Council in June, issue a resolution recalling that Sudan has a legal obligation to cooperate with the ICC under resolution 1593 and requiring that it immediately arrests Ahmad Harun and Ali Kushayb and surrenders them to the Court;

Ensure that when the Council undertakes its next visit to Sudan, cooperation with the ICC is a key point on its agenda, with clear and public calls on the Sudanese government to cooperate with the Court....."
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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