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Darfur: CICC Members press releases; Information on the briefing by the CICC and Justice for Darfur

05 June 2008

Dear all,

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

In this message you will find CICC members' press releases and
information on the briefing held by the Coalition for the
International Criminal Court (CICC) and Justice for Darfur in advance
of the address to the UNSC by International Criminal Court (ICC)
Prosecutor Luis Moreno-Ocampo regarding progress in the Court's Darfur
investigation.

On 31 March 2005, the United Nations Security Council voted to refer
the situation in Darfur, Sudan to the ICC: this marks the first- and
so far, the only- time the Security Council has referred a case to the
Court. On 6 June 2005, Moreno-Ocampo officially
opened an investigation into crimes committed in Darfur. Under Council
Resolution 1593, the ICC Prosecutor is invited to address the
Council every six months on the progress of his investigation in
Darfur.

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. JUSTICE FOR DARFUR- CICC MEMBERS CALL FOR THE ARREST AND SURRENDER
OF WAR CRIMES SUSPECTS FOR THE DARFUR CASE

i. "Security Council Must Call for Cooperation with ICC during Sudan Mission
Coalition for the ICC and Justice for Darfur to Brief Media at the
United Nations," CICC- Media Advisory-
http://www.coalitionfortheicc.org/documents/CICC_and_J4D_Press_Conference_4_June_2008_(3).pdf

WHAT: The Coalition for the International Criminal Court (CICC) and
Justice for Darfur will call for United Nations Security Council
(UNSC) action on the outstanding ICC arrest warrants for Darfur, Sudan
as Council members travel to the region. The briefing is in advance of
a 5 June 2008 address to the UNSC by International Criminal Court
(ICC) Prosecutor Luis Moreno-Ocampo regarding progress in the Court's
Darfur investigation. The UNSC referred the situation in Darfur to the
Court on 31 March 2005 through Council Resolution 1593.

WHEN: Wednesday, 4 June 2008 at 3 p.m.
WHERE: Room 226, United Nations Secretariat, New York, NY

WHO: Panel participants will include:
>> Niemat Ahmadi, native of north Darfur and founding member of Darfuri Leaders Network who is now Darfuri Liaison Officer for Save Darfur Coalition
>> Richard Dicker, director, International Justice Program, Human Rights Watch
>> William Pace, convener of the Coalition for the International Criminal Court (CICC)

WHY: This week, the United Nations Security Council travels to Africa
for a weeklong mission that includes three days in Sudan. For the
first time, the terms of reference for the Council's trip to Sudan
mention the problem of impunity for grave crimes, the need to
implement past UNSC resolutions and the importance of due process and
the rule of law. Last year, the ICC prosecutor issued warrants for the
arrest of Ahmad Mohammad Harun and Ali Muhammad Ali Abd-Al-Rahma (aka
Ali Kushayb), citing the two as bearing responsibility for grave
crimes committed in Darfur between 2003 and 2004.
To date—despite the referral of the case to the Court by the UN
Security Council—neither suspect has been arrested.

ii. "The Security Council must break the silence!,"International
Federation of Human Rights (FIDH)/ Sudan Organisation Against Torture
(SOAT), 5 June 2008,
http://www.fidh.org/spip.php?article5597

The International Federation for Human Rights (FIDH) and its member
organisation the Sudan Organisation Against Torture (SOAT) call for an
immediate firm response by the Security Council to the International
Criminal Court's (ICC) report denouncing the failure of the Sudanese
government to cooperate with the Court and the consequent breach of
its obligations under Security Council Resolution 1593.

In a report presented today, ICC Prosecutor Luis Moreno Ocampo
denounced for the second time the lack of cooperation and consistent
obstruction by the Sudanese government. The Prosecutor noted that
although two arrest warrants were issued in April 2007, the two
suspects – Ahmad Harun, former Minister for the Interior and current
State Minister for Humanitarian Affairs, and Ali Kushyb, an alleged
Janjaweed militia leader – are still at large. According to the
report, the Government of Sudan is not only failing to arrest the
suspects, but is also protecting them.

"The GoS [Government of Sudan] has not responded. The GoS is not
cooperating with the Court. The GoS has not complied with UNSCR 1593.
The GoS has taken no steps to arrest and surrender the suspects and
stop the crimes. They [Ahmad Harun and Ali Kushayb] are fugitives from
the ICC. [...] Council members must ensure respect for UNSCR 1593 and
secure the full and immediate cooperation of the GoS," said Luis
Moreno Ocampo.

The Prosecutor reminded UNSC members that civilians in Darfur continue
to be targeted and that the prevailing impunity plays a crucial role
in the continuation of the crimes being committed in Darfur. "Impunity
is fuelling violence" he said.

FIDH and SOAT consider that the Security Council's lack of concrete
action over the past six months - since the Prosecutor first denounced
Sudan's lack of cooperation - is difficult to understand and justify.
UNSC Resolution 1593 requesting the referral of the case to the ICC
imposes a clear obligation on the Government of Sudan to cooperate
with the Court.

"The Prosecutor is now telling the Council that Sudan is completely
disregarding its resolution. It is defying the international
community; it is putting the Council's authority into question.
Millions of victims have turned to the UN and the international
community for peace and justice. They must not be disappointed; their
call must not go unheard. The Security Council must break the
silence!" said Souhayr Belhassen, President of FIDH.

FIDH and SOAT welcome the statements of some members of the Security
Council - currently undertaking a visit to Sudan - condemning the lack
of cooperation of the Sudanese government with the Court.

But these declarations are not enough. FIDH and SOAT urge the Security
Council to issue a firm written response recalling the Sudanese
government to its international obligations.

FIDH and SOAT are part of the campaign "Justice for Darfur". For more
information on the campaign see: www.justice4darfur.com

More information on FIDH-SOAT actions on Darfur is also available on
the FIDH website: http://www.fidh.org/spip.php?rubrique211

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 in Darfur (UNAMID). Ali Kushayb, who had been in custody on
other charges at the time the arrest warrants were issued, has since
been released.

Sudan has repeatedly and adamantly refused to cooperate with the ICC.
The ICC Prosecutor first denounced Sudan's lack of cooperation in his
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.

Under Resolution 1593, the ICC Prosecutor is invited to brief the
Security Council on its investigations in Darfur every six months.
Today's is the seventh report that Luis Moreno Ocampo has submitted to
the Council. The next report will be due in December 2008.

iii. "Sudan: UN Security Council must ensure Sudan arrests war crimes
suspects," Amnesty International, 5 June 2008,
http://www.coalitionfortheicc.org/documents/AI_PR_SCSudan_5june08.pdf

Amnesty International today urged the Security Council to act
immediately to ensure that the government of Sudan arrest and
surrender Ahmed Harun and Ali Kushayb to the International Criminal
Court, which has issued arrest warrants for the two men.

The ICC Prosecutor told the Security Council this morning that the
government of Sudan is not cooperating with the Court and that the
Council must now send a strong message to the government to ensure
Sudan's compliance with its obligation, under UNSC Resolution
1593(2005), to arrest and surrender the two men to the International
Criminal Court.

Sudan has so far not only persistently refused to arrest and surrender
the two men – it has even promoted Ahmed Harun to the post of Minister
of State for Humanitarian Affairs.

Amnesty International said that any further stalling by the Council in
calling for immediate compliance by Sudan with its legal obligations
will only perpetuate impunity and encourage more grave crimes being
committed in Darfur.
The organization welcomed and supported Costa Rica's timely initiative
before the Council calling for Sudan's compliance with its obligations
and called on all members of the Security Council to act immediately
on the Costa Rican proposal without any further delay and without
weakening it.
Amnesty International said that those Security Council members that
are party to or have signed the Rome Statute of the ICC have a
particular responsibility to do their utmost to further all states'
cooperation with the ICC – including ensuring that the Security
Council guarantees compliance with its own resolution that referred
the situation in Darfur to the Prosecutor of the ICC.

Background

Security Council members Belgium, Burkina Faso, Costa Rica, Croatia,
France, Italy, Panama, South Africa and the United Kingdom are parties
to the Rome Statute of the ICC. The Russian Federation has signed the
Rome Statute.
On 31 March 2005 the Security Council determined that the situation in
Sudan constituted a threat to international peace and security. Acting
under Chapter VII of the UN Charter, the Security Council adopted
Resolution 1593, referring "the situation in Darfur since 1 July 2002"
to the Prosecutor of the International Criminal Court (ICC).

The ICC Prosecutor opened an investigation into the situation in
Darfur, Sudan, on 1 June 2005. On 27 April 2007 two warrants of arrest
were issued for Ahmad Harun and Ali Kushayb. The arrest warrants refer
to war crimes and crimes against humanity allegedly committed between
August 2003 and March 2004.
At the same time as the arrest warrants, the ICC issued requests to
the government of Sudan and to all states parties of the Rome Statute
of the ICC for the arrest and surrender of Ahmad Harun and Ali
Kushayb.

The government of Sudan has publicly refused to surrender either Ali
Kushayb or Ahmad Harun to the ICC. Although Sudan has not ratified the
Rome Statute, UN Security Council Resolution 1593 (2005) requires
Sudan to cooperate fully with the Court and provide any necessary
assistance to the ICC and its Prosecutor. See: Arrest Now! Darfur,
Sudan: Ahmad Harun and Ali Kushayb (AI Index AFR 54/015/2008), 27
April 2008.

iv. "UN Security Council: Insist on Justice for Darfur," Justice For
Darfur, 4 June 2008,
http://www.coalitionfortheicc.org/documents/DarfurJ4D-UNSC-2008_06_04_(2).pdf

The United Nations Security Council should press Sudan to surrender
war crimes suspects Ahmad Harun and Ali Kushayb to the International
Criminal Court (ICC) in The Hague, an international coalition of human
rights groups
said today.
The "Justice for Darfur" campaign urged Security Council members
presently visiting
Khartoum to raise Sudan's non-cooperation with the ICC, and to adopt a
new resolution
calling upon Sudan to cooperate fully with the court
(http://hrw.org/english/docs/2008/05/29/sudan18965.htm). Nobel Laureates Jody
Williams and Shirin Ebadi also supported the call.

Members of the UN Security Council are currently on a nine-day trip to
Africa, which
includes visits to Khartoum and Darfur. Their trip coincides with a
briefing to the
Security Council in New York by the ICC's chief prosecutor, on Sudan's
ongoing refusal to cooperate with the court despite its obligation to
do so under Security Council
Resolution 1593 (2005). "The mission to Khartoum is a crucial
opportunity to press Sudanese leaders, both privately and publicly, to
cooperate with the court," said Niemat Ahmadi of the Save Darfur
Coalition. "Three years ago the Security Council made a commitment to
justice in Darfur by referring the matter to the ICC. It is now time
for the council to take the next step toward honoring that
commitment."
The ICC issued arrest warrants for the two suspects more than a year
ago, on April 27,
2007. The suspects are charged with 51 counts of war crimes and crimes against
humanity, including acts of murder, persecution, torture, rape, and
forcible displacement.

Despite the seriousness of these crimes, Sudanese authorities have
blatantly refused to
cooperate with the court or surrender the two suspects. At one point
the Sudanese
Ambassador to the United Nations even called for the ICC prosecutor
himself to be tried in court. Ahmad Harun remains the minister for
humanitarian affairs in Sudan, responsible for the well-being of the
very civilians he has been accused of attacking. In this position, and
as liaison with African Union/United Nations Hybrid Operation in
Darfur (UNAMID), he retains considerable influence over the operations
of humanitarian organizations providing assistance to the internally
displaced. He frequently represents the ruling National Congress Party
at formal functions and events. In September 2007, he was appointed to
a committee established to monitor security between North and South
Sudan and he is therefore now playing a role in relation to the
troubled border area of Abyei. In October 2007, the Sudanese
government announced that the second suspect, Janjaweed leader Ali
Kushayb, had been released from custody for lack of evidence against
him and returned to active duty.

When the ICC prosecutor last briefed the Security Council on the December 2007
investigation, council members responded with individual statements of
support for the
court, but took no action. "The Justice for Darfur campaign is looking
to the Security Council to support justice for the victims in Darfur,
and to stand behind its historic referral to the court," said Ahmadi.
"It is time to respond to Khartoum's flagrant obstruction with a clear
resolution reminding Sudan of its ob
ligations to the court, and to the victims."

Nobel Laureates Professor Jody Williams and Dr. Shirin Ebadi also
supported the call for justice in Darfur. "If a man kills one person,
rapes one girl, or burns down one mosque we expect that the law should
respond," said Dr. Shirin Ebadi, human rights lawyer and Nobel Peace
Laureate (2003). "Why should this be different when hundreds of
civilians are killed and many women raped? The international community
must act now to follow through on the gritty details of arrests and
enforcement."
Jody Williams raised particular concern for the victims of widespread
rape used as a
weapon of war in Darfur – the crime of which both suspects have been accused.
"The UN Security Council must act to help bring justice to the women
of Darfur, too
many of whom have been raped or sexually tortured," said Williams, Nobel Peace
Laureate (1997). "Sustainable peace will only come when those who have
ordered the use of this war tactic – as well as those who commit the
crime of rape itself – are brought to justice."

II. MEDIA REFLECTS NGO MOVEMENT

i. "The Entire Darfur Region Is a Crime Scene", IPS, 5 June 2008,
http://www.ipsnews.net/africa/nota.asp?idnews=42676

"Rights advocacy groups are intensifying calls for the arrest of war
crimes suspects as the U.N. Security Council discusses the situation
in Darfur with the Sudanese authorities in Khartoum this week.

'The mission to Khartoum is a crucial opportunity to press Sudanese
leaders, both privately and publicly, to cooperate with the
International Criminal Court (ICC),' said Niemat Ahmadi of the Save
Darfur Coalition.

Ahmadi, a native of Sudan's strife-torn region of Darfur, and other
international rights activists said at a news conference at U.N.
headquarters here Wednesday they wanted the Security Council to adopt
a new resolution calling for Khartoum's cooperation with the ICC...."

ii. "Sudan under pressure to arrest Darfur war crime suspects," AFP
(via Google), 4 June 2008,
http://afp.google.com/article/ALeqM5iZuRIw_l10UoLcI658broGJKJwbg

"A coalition of human rights groups on Wednesday appealed for world
pressure on Sudan to turn over two suspects sought by the
International Criminal Court (ICC) for war crimes in Darfur.

'Justice for Darfur' told a press conference that it was pushing for
adoption by the UN Security Council Thursday of a non-binding
statement demanding the arrest of Sudanese secretary of state for
humanitarian affairs Ahmed Haroun and Janjaweed militia leader Ali
Kosheib.

It specificially asked council veto-wielding member China, a close
ally of Khartoum with which it has close economic interests, not to
block approval of the Costa Rican-drafted text.

...... Coalition member Richard Dicker, an official of the New
York-based Human Rights Watch, noted that during Ocampo's previous
appearance before the council in December, a statement demanding the
arrest of Haroun and Kosheib failed to secure approval mainly due to
the obstruction' of Beijing.

'Now we hope that, with its aspirations to play a leading role on the
world stage, ... China will take a more reasonable and nuanced view'
on how to bring to justice 'those responsible for horrific crimes
committed against the people of Darfur,' he added...."

iv. "Get Sudan to surrender Darfur suspects: watchdogs tell UN," AFP
(via Relief Web), 4 June 2008
http://www.reliefweb.int/rw/RWB.NSF/db900SID/AMMF-7FACBE?OpenDocument

"Human rights watchdogs urged the UN Security Council, whose members
were holding talks in Khartoum on Wednesday, to press Sudan to
surrender Darfur war crimes suspects to the world court..."

v. "Rights groups urge UN security Council to press ICC arrest
warrants," Sudan Tribune, 5 June 2008
http://www.sudantribune.com/spip.php?article27421

"... The 'Justice for Darfur' campaign urged Security Council members
presently visiting Khartoum to raise Sudan's non-cooperation with the
ICC, and to adopt a new resolution calling upon Sudan to cooperate
fully with the court.

The campaign also is supported by Nobel Laureates Jody Williams and
Shirin Ebadi...."

vi. "Press conference by International Criminal Court coalition,
Justice for Darfur Campaign," 5 June 2008
http://www.reliefweb.int/rw/RWB.NSF/db900SID/EGUA-7FBKCM?OpenDocument

"....During a Headquarters press conference this afternoon,
representatives of the Coalition for the International Criminal Court
(CICC) and the Justice for Darfur Campaign said the Council must take
advantage of its planned three-day stay in Sudan to raise not only the
issue of the surrender of war crimes suspects Ahmad Harun and Ali
Kushayb, but also the Government's obstruction of the full deployment
the United Nations-African Union Mission in Darfur (UNAMID), as well
as the delivery of humanitarian aid to desperate people throughout the
country's war-torn western region.

'Despite the referral of the situation in Darfur to the Court by the
Security Council via its resolution 1593 (2005) neither suspect has
been arrested and handed over to the authorities in The Hague,' said
William Pace, convenor of the Coalition. He added that the Court did
not have its own police force and would need cooperation from States
-– which bore the greatest responsibility –- as well as international
bodies like the Security Council, to execute its outstanding warrants.

The Security Council must demand that Sudan comply with the
International Criminal Court, he said, noting that, for the first
time, the terms of reference for the Council's trip to Sudan mentioned
the problem of impunity for grave crimes, the need to implement past
resolutions and the importance of due process and the rule of law.

..... The Coalition hoped that China -- 'with its aspirations to play
a leading role on the world stage, with the 'coming out party' for
that role in the form of the Beijing Olympics just two months away' –-
would take a more reasonable and nuanced view as to where it stood in
relationship to bringing to justice those responsible for horrific
crimes committed against the people of Darfur. 'It would certainly be
sorrowful to see the Olympic Games tainted with an example of Chinese
support or complicity for the obstruction of justice by Sudan,' he
added...."

See also:

i. "Sudan urged to arrest suspects," News 24, 5 June 2008
http://www.news24.com/News24/Africa/News/0,,2-11-1447_2335092,00.html

ii. "Sudan under pressure to arrest Darfur war crime suspects,"
Turkish Press, 5 June 2008
http://www.turkishpress.com/news.asp?id=235143&s=&i=&t=Sudan_under_pressure_to_arrest_Darfur_war_crime_suspects

iii. "Sudan under pressure to arrest Darfur war crime suspects,"
Angola Press, 5 June 2008
http://www.angolapress-angop.ao/noticia-e.asp?ID=623346

*****
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