Follow Us:

Darfur: European Parliament's Resolution Condemns Sudan's "persistent failure to cooperate with the ICC"; CICC Press Release; FIDH-SOAT press release and media articles

23 May 2008

Dear friends,

Find below information related to the International Criminal Court's
investigation in Darfur, Sudan.

In this message you will find the recent European Parliament's Resolution
condemning Sudan's "persistent failure to cooperate with the ICC," calling
for the arrest and hand over to the ICC of Ahmad Harun and Ali Kushayb.
The resolution calls on Sudan to comply with its international
humanitarian law obligations to stop "demonstrating blatant disrespect for
the hundreds of thousands of victims and their families and the millions
of people who have been forced to leave their homes since the beginning of
the conflict." The Resolution also calls for specific targeted actions
such as "freezing and seizing assets of individuals identified as impeding
cooperation with the ICC."

Also featured in this message you will find the CICC press release,
applauding the resolution adopted by the European Parliament but saying
that it's time for the EU "to move from words to actions;" an FIDH-SOAT
press release, calling for the implementation of the measures in the
Resolution; and related media articles.

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. RESOLUTION OF EUROPEAN PARLIAMENT ON ICC INVESTIGATION IN SUDAN

"European Parliament resolution of 22 May 2008 on Sudan and the
International Criminal Court (ICC)," view full English text at
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P6-TA-2008-0238+0+DOC+XML+V0//EN

View full French text at
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P6-TA-2008-0238+0+DOC+XML+V0//FR

View full Spanish text at
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P6-TA-2008-0238+0+DOC+XML+V0//ES

Some excerpts:

"The European Parliament ,

[...]

1. Strongly condemns Sudan's persistent failure to cooperate with the
ICC, to arrest and hand over to the ICC Ahmad Harun and Ali Kushayb and to
comply with its international humanitarian law obligations, thus
demonstrating blatant disrespect for the hundreds of thousands of victims
and their families and the millions of people who have been forced to
leave their homes since the beginning of the conflict;

2. Urges the Sudanese Government to ratify the Statute of the ICC, to
comply with UN Security Council Resolution 1593 (2005), to cooperate
unconditionally with the ICC, and to pursue a thorough and effective
investigation and prosecution of war crimes and crimes against humanity
committed in the region of Darfur;

3. Urges the authorities in Khartoum to arrest and surrender the two ICC
suspects without further delay, immediately to break the cycle of impunity
in Darfur and to cooperate with future ICC investigations in Darfur;

4. Calls on the General Affairs and External Relations Council of 16-17
June 2008 and the European Council of 19-20 June 2008 to discuss the ICC's
Prosecutor's report and to take steps to adopt targeted EU punitive
measures against a clearly identified group of Sudanese officials who bear
responsibility for Sudan's non-cooperation with the ICC, including:
– freezing and seizing assets of individuals identified as impeding
cooperation with the ICC, and identifying and targeting the offshore
assets of businesses affiliated with the National Congress Party (the
government majority party), a major conduit for financing militias in
Darfur;
– measures denying access to EU banks for any financial transaction or
payment made by or on behalf of these individuals;
– measures to prevent business and other economic or trade relations
between these individuals, or any legal entity or corporation
controlled by them, and European companies, targeting especially the
revenue flow from the petroleum sector;

5. Urges the Member States and candidate countries with a seat on the UN
Security Council – i.e. Belgium, France, Italy, the United Kingdom and
Croatia – to take a principled stance during the Prosecutor's briefing on
5 June 2008, in compliance with the EU Common Position on the ICC, and to
respond appropriately to the Prosecutor's findings by calling on Sudan to
comply immediately with UN Security Council Resolution 1593 (2005) and
with the ICC's requests;

6. Calls on all other States represented at the UN Security Council to
support any cooperation request put forward by the ICC Prosecutor on
behalf of the Court and, in particular, calls on China, Russia, South
Africa and Libya to follow through on their own words under Security
Council Resolution 1593 (2005) and not to obstruct the Security Council's
action on 5 June;

7. Urges the Member States and the UN Security Council to push for a
specific mention of impunity and inclusion of the ICC arrest warrants in
the formal terms of reference for the forthcoming visit by the UN Security
Council to Khartoum at the end of May 2008;

[...]

II. CICC PRESS RELEASE

"Global Coalition Calls for Enforcement of European Parliament Resolution
on ICC Darfur Case," 23 May 2008,
http://www.coalitionfortheicc.org/documents/European_Parliament_Resolution_may_2008.pdf

The Coalition for the International Criminal Court applauded a resolution
adopted by the European Parliament on 22 May 2008 strongly calling for
greater support of the International Criminal Court in Darfur, Sudan.

More than one year ago on 27 April 2007, the Pre-Trial Chamber I of the
International Criminal Court issued warrants for the arrest of Ahmad
Muhammad Harun and Ali Muhammad Ali Abd-Al-Rahman (more commonly known as
Ali Kushayb), citing the two as bearing responsibility for grave crimes
committed in the troubled region of Darfur between 2003 and 2004.

To date—despite the referral of the situation to the Court by the United
Nations Security Council in 2005 via Resolution 1593—neither suspect has
been apprehended. On 5 June 2008, ICC Prosecutor Luis Moreno-Ocampo will
brief the UN Security Council for the sixth time on progress in his
investigation.

The resolution from the European Parliament, adopted by an overwhelming
majority, "[s]trongly condemns Sudan's persistent failure to cooperate
with the ICC and to arrest and hand over Ahmad Harun and Ali Kushayb to
the ICC …and urges the authorities in Khartoum to arrest and surrender the
two ICC suspects with no further delay."

"With today's resolution, the European Parliament breaks the silence on
Sudan's overt disregard for Darfuri victims and its calculated defiance of
its obligations under UNSC Resolution 1593. The crimes in question are
grave and so too must be the international community's response," said
Luisa Mascia, European regional coordinator for the Coalition. "We are
glad that Parliamentarians are unanimously sending a strong message to the
Sudanese government that they will no longer tolerate delays in justice
for Darfur."

The resolution goes on to urge EU Member States and EU candidate countries
with a seat at the UN Security Council--France, Italy, the UK, Belgium and
Croatia--to support the ICC prosecutor's upcoming Security Council
briefing by adopting a resolution or presidential statement calling on
Sudan to surrender Harun and Kushayb to the Court as a matter of urgency.

Significantly, it also calls on the European Union in June to adopt
targeted punitive measures against Sudanese officials who bear primary
responsibility for Sudan's failure to cooperate with the Court. There is a
recommendation to freeze and seize the assets of
these individuals, deny their access to EU banks and to prohibit any
business with European companies.

"Since the Rome Conference in 1998, the European Union and its member
states have backed this Court when it most needed it," says Mascia. "Now
is the time for the EU to move from words to actions to help ensure the
immediate arrest and surrender of Harun and Kushayb."

The resolution further implores other Security Council states—particularly
China, Libya, Russia and South Africa—to "follow through on their own
words under Security Council Resolution 1593 and not obstruct the Security
Council's action on 5 June." It also calls on the African Union and the
Arab League to use their influence with Sudanese authorities to help
ensure the arrest of the named suspects.

On 31 March 2005, the Security Council adopted Resolution 1593 referring
the situation in Darfur to the ICC's Office of the Prosecutor. In
accordance with the Rome Statute, the founding treaty of the ICC, the
prosecutor officially opened an investigation on 1 June 2005. Following an
investigation that spanned 17 countries, the ICC prosecutor charged Harun
and Kushayb with criminal responsibility in relation to 51 counts of war
crimes and crimes against humanity. These include charges of rape, murder,
persecution, torture, forcible transfer, destruction of property, attacks
against civilians and severe deprivation of liberty.

Since the accusations were levied, the Sudanese government has openly
defied the Court and the international community. The government of
Sudanese President Omar al-Bashir has consistently refused to cooperate
with the Court. In addition, Ali Kushayb, who had been imprisoned by
Sudanese authorities on unrelated charges, was released in October 2007
for "lack of evidence." And Ahmad Harun who was previously State Minister
of the Interior responsible for the government's Darfur Security Desk at
the time of the crimes, was last year promoted to State Minister for
Humanitarian Affairs in Darfur with direct authority over the victims of
his alleged crimes. Most recently, Harun was tasked with the role of
Sudanese government liaison with UNAMID, the United Nations-African Union
hybrid peacekeeping mission in Darfur.

"Justice is no moral luxury it is a necessary component of a comprehensive
solution for the conflict in Darfur. No peace can be built on impunity for
the perpetrators of such horrific crimes," said Coalition Convenor William
Pace.

III. FIDH – SOAT PRESS RELEASE

"European Parliament's call for State action on the Sudanese government's
lack of cooperation with the International Criminal Court" by FIDH-SOAT,
23 May 2008
http://www.fidh.org/spip.php?article5532

The International Federation for Human Rights (FIDH) and its member
organisation, the Sudan Organisation Against Torture (SOAT) in London,
welcome the resolution adopted yesterday by the European Parliament,
condemning Sudan's persistent failure to cooperate with the International
Criminal Court (ICC) and calling for further State action to recall Sudan
to its international obligations.

In an exemplary resolution, the European Parliament condemned Sudan's
obstruction of the work of the ICC as well as the government's blatant
disregard for the many victims of the Darfur conflict.

"We applaud today's resolution and call for the recommendations to be
implemented without delay. For the first time, an international
institution has clearly condemned Sudan's obstructive behaviour and
provocation to the international community, making that situation clear
and issuing encouraging recommendations," declared Souhayr Belhassen,
President of FIDH.

The resolution comes only a few weeks before the next report by ICC
Prosecutor Luis Moreno-Ocampo to the Security Council, which is scheduled
for 5 June. The ICC Prosecutor is expected to reiterate his call for the
Security Council to put further pressure on Sudan to cooperate with the
court.

In yesterday's resolution, the European Parliament "urges the EU Member
States and candidate countries with a seat at the UN Security Council –
i.e. Belgium, France, Italy, the United Kingdom and Croatia – to take a
principled stance during the Prosecutor's briefing on 5 June, in
compliance with the EU Common Position on the ICC, and to respond
adequately to the Prosecutor's findings by calling on Sudan to comply
immediately with UNSC Resolution 1593 and with the Court's requests".

It also calls on "all other States represented at the UN Security Council
to support any cooperation request put forward by the ICC Prosecutor on
behalf of the Court and, in particular, calls on China, Russia, South
Africa and Libya to follow through on their own words under Security
Council Resolution 1593 and not to obstruct the Security Council's action
on 5 June".

FIDH and SOAT join the European Parliament in calling upon EU Member
States to take the lead at the UN Security Council on 5 June and to
confront China and the other above-mentioned countries who favour their
political interest over the victims' call for justice, in order to adopt a
public statement on the obligation of Khartoum to cooperate with the ICC .

The organisations also welcome the Parliament's call for the European
Council to discuss targeted economic sanctions against "a clearly
identified group of Sudanese officials who bear responsibility for Sudan's
non-cooperation with the Court."

Background

A deadly conflict pitting Sudan's Khartoum-based government against rebel
movements seeking power-sharing has ravaged Darfur for the last five
years. In March 2005, the United Nations Security Council referred the
situation to the ICC by Resolution 1593, which poses an obligation on the
government of Sudan to cooperate with the Court. In April 2007, the ICC
issued arrest warrants for Ahmed Harun, former Minister for the Interior
and current State Minister for Humanitarian Affairs, and Ali Kushayb, an
alleged Janjaweed militia leader. To date, these two persons remain at
large. Not only has Harun not been arrested but he has also been
maintained in his position as a State Minister, has reportedly been
appointed to a committee responsible for investigating human rights
violations in Sudan and has more recently become a liaison with the United
Nations – African Union peacekeeping force (UNAMID). Ali Kushayb, who had
been in custody on other charges at the time the arrest warrants were
issued, has since then been released.

Sudan has repeatedly and adamantly refused to cooperate with the ICC. The
ICC Prosecutor denounced Sudan's lack of cooperation in his last report to
the Security Council in December 2007. Despite positive statements by
several members of the Security Council, the Council was unable to adopt a
declaration or resolution formally condemning Sudan's obstruction and
calling on Khartoum to comply with its obligation under Resolution 1593.

On 31 March 2008 (on the third anniversary of the Security Council
referral of the situation in Darfur to the ICC), the EU Presidency
expressed "its profound dismay with the Governments 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.

IV. MEDIA ARTICLES

i. "EU parliament calls for freeze on Sudan leaders' assets," AFP, 22 May
2008 [link not available]

"The European Parliament on Thursday urged the EU to freeze the assets of
Sudanese leaders who don't cooperate with the international criminal court
which has arrest warrants out for two officials.

..... The parliament specifically called for the seizure of assets for
these officials plus the identifying and targeting of 'the offshore assets
of businesses affiliated with the National Congress Party (the government
majority party), a major conduit for financing militias in Darfur'.

.... The European Parliament, sitting in Strasbourg, observed that former
Sudanese interior minister Ahmad Harun and former Janjaweed militia leader
Ali Muhammad Ali Abd-Al-Rahman had been cited by the court for 51 counts
of war crimes and crimes against humanity...."

ii. "EU parliament calls for freeze on Sudan leaders' assets," Borglobe
(Sudan), 23 May 2008
http://www..borglobe.com/general-news.html?5e29647c293977af965708edc8f8cba4=02aae221aa3294a25225f50a7fdbb282

"The European Parliament on Thursday urged the EU to freeze the assets of
Sudanese leaders who don't cooperate with the international criminal court
which has arrest warrants out for two officials...."

iii. "EU parliament calls for freeze on Sudan leaders' assets," Sudan
Tribune, 23 May 2008
http://www.sudantribune.com/spip.php?article27251

"The European Parliament on Thursday urged the EU to freeze the assets of
Sudanese leaders who don't cooperate with the international criminal court
which has arrest warrants out for two officials...."

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