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Darfur, II: OTP press briefing; Alleged plan to divert Harun's plane; UNSG statement; Interview with ICC Prosecutor

10 June 2008

Dear Colleagues,

Find below the second of two messages with information related to the
International Criminal Court's investigation in Darfur.

In this digest you will find media information on the ICC Prosecutor's
report to the UNSC, including an attempted plan to divert a plane that
carried the Sudanese State Minister for Humanitarian Affairs Ahmed
Harun; a statement by UN Secretary General Ban Ki-moon, who indicated
his "deep concern" for Sudan's lack of cooperation with the ICC; and an interview with the ICC Prosecutor.

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
[email protected]

*****

I. ALLEGED PLAN TO DIVERT PLANE OF ICC SUSPECT

" ICC planned to divert plane of Darfur war crimes suspect," Sudan
Tribune, 5 June 2008,
http://www.sudantribune.com/spip.php?article27422

"The International Criminal Court (ICC) attempted to divert a plane that carried Ahmed Haroun, state minister for humanitarian affairs, on his way to Saudi Arabia in December to perform the annual Islamic
pilgrimage.

.... 'We were getting ready to divert his plane and force it to land
and arrest him,' ICC prosecutor Luis Moreno-Ocampo told Sudan Tribune
today.

Moreno-Ocampo said that his office received help
from other countries though he declined to name them.

'Some countries were willing to support and provide information on
Haroun [travel] plans. We organized the logistics. Everything was
settled' he said.

... Earlier this year a well placed source in Khartoum told Sudan
Tribune that Haroun, wanted to fly to Saudi Arabia on a forged
passport.

Haroun ended up cancelling his travel plans after the Sudanese
government found out, the source added.

'As soon as Haroun leaves Sudan he will be arrested. He is a fugitive.
Inside Sudan he could have freedom. Outside Sudan he will be in jail'
the ICC Prosecutor said.

Ocampo said the Saudi Arabian government was aware of the plans to
divert Haroun's plane...."

II. SUDANESE GOVERNMENT RESPONSE TO ARREST ATTEMPT

i. "Sudan vows 'strong' response to ICC arrest attempt of Darfur
suspect," Sudan Tribune, 9 June 2008,
http://www.sudantribune.com/spip.php?article27457

"The Sudanese government said it may take unspecified action against the prosecutor of the International Criminal Court (ICC) after he revealed a failed plan to arrest Darfur war crimes suspect.

This week the ICC prosecutor Luis Moreno-Ocampo told Sudan Tribune that the world court attempted to divert a plane that carried Ahmed Haroun, state minister for humanitarian affairs, on his way to Saudi Arabia in December to perform the annual Islamic pilgrimage.

The plan was coordinated with a number of unidentified countries. The
Saudi government was made aware of it, according to Ocampo.

Sudan's U.N. ambassador Abdel-Mahmood Mohamad told the daily Al-Rayaam
that government agencies are reviewing the information disclosed by the
ICC after which they may formulate "a strong response."

However he did not elaborate on what steps may be taken against the ICC prosecutor.

...But the Rome Statue which forms the basis of the ICC confers
diplomatic immunity on the prosecutor similar to "heads of diplomatic
missions". Moreover the prosecutor retains lifetime immunity from legal proceedings relating to any actions taken by him during his term in office."

ii. "Darfur war crimes suspect denies attempt to travel abroad," Sudan
Tribune, 8 June 2008, http://www.sudantribune.com/spip.php?article27449

"A Sudanese minister accused by the International Criminal Court (ICC)
of war crimes in Darfur denied reports that he tried to travel abroad
last year. This week the ICC prosecutor Luis Moreno-Ocampo told Sudan
Tribune that they attempted to divert a plane that carried Ahmed Haroun, state minister for humanitarian affairs, on his way to Saudi Arabia in December to perform the annual Islamic pilgrimage.

But Haroun told the Al-Jazeera Arabic language TV that he had no plans
to perform pilgrimage last year. 'The ICC is lying in the same way it is breathing. I never planned to go perform pilgrimage. I was part of a committee that presented a report to the Sudanese president two days
before the Eid Al-Adha [Muslim holiday following pilgrim season]' he
said. 'It is the ICC which committing crime and practicing airplane
hijacking' he added."

iii. "Sudanese human rights minister condemns International Criminal
Court," BBC Monitoring, (Text of report by Al-Jazeera satellite TV on 7 June), [link unavailable]

"[Interview with Ahmad Harun, Sudanese minister for human rights
affairs, by Al-Jazeera anchorwoman Luna al-Shibl, from Khartoum - live]:

[Al-Shibl] Ahmad Muhammad Harun, Sudanese minister for human rights
affairs, whom the International Criminal Court [ICC] has said it
attempted to abduct, joins us from Khartoum Your Excellency, to begin
with, some sources of information have mentioned that you were in Jedda, or travelling from Khartoum to Jedda in order to perform hajj or Umrah [minor hajj]. We would like to know precisely from you what really happened.

[Harun] ... the ICC issued this statement to reveal itself as a group of pirates, terrorists, and criminals. It is obvious that the ICC does not deserve to be respected, because it uses criminal behaviour and adopts it as part of its work mechanisms. Secondly, it is not honest; rather, it lies the same way it breathes. The proof is that I was not planning to perform hajj and was preoccupied with the work of the six-member committee that was focusing on resolving the political crisis that the country was witnessing at the time...

[Al-Shibl] Your Excellency, this means that you are denying that you
were on board a plane and that you received information about an attempt to abduct you, and accordingly, you disembarked from the plane. This leads me to ask you another question: Why, in your opinion, has the ICC said that it had tried, obtained information, and actually planned all this. Had these matters not existed from the beginning, why then would the ICC incriminate itself?

[Harun] The ICC is known for being used as a claw or a tool for putting political and psychological pressure on us in Sudan within a process that includes several international circles that are active in this field, however, it missed the fact that we never panic...

[Al-Shibl] In its story, the ICC also said that a state, which it did
not name, was involved in the abduction attempt. Do you expect the
involvement of any state or do you accuse any state?

[Harun] We do not accuse any state. What happened was an attempt to
create a split or sow sedition, and whoever lies and adopts lying as a
course of action will certainly cause a rift among people and seeks to
conspire among them...."

III. PROSECUTOR'S BRIEFING IN THE PRESS

i. "UN urged to demand arrest of Darfur war crime suspects," Agence
France Presse, 5 June 2008,
http://afp.google.com/article/ALeqM5jFyFh19dbCc3qVdrGNJsah7KUmdw

"International Criminal Court (ICC) prosecutor Luis Moreno-Ocampo on
Thursday pleaded with the UN Security Council to demand Khartoum
arrest two Darfur war crimes suspects.

'I ask the Security Council to send a strong message to the government
of Sudan... requesting that they arrest Ahmed Haroun and Ali Kosheib,'
he told the 15-member council.

.... Moreno-Ocampo said that at the council's request his office would
next month present new evidence exposing the facts and identifying
those most responsible for the Darfur crimes.

...'Girls are still being raped. Children die as their schools are
bombed. The entire Darfur region is a crime scene,' the prosecutor
said.

'I have collected compelling evidence. The evidence will identify
those most responsible for crimes against civilians in Darfur, in
particular the Fur, Masalit and Zaghawa' ethnic groups, he added...."

ii. "Prosecutor accuses Sudanese state of Darfur crimes," Reuters, 5
June 2008,
http://www.reuters.com/article/worldNews/idUSL0533950720080605

"The International Criminal Court prosecutor said on Thursday he would
seek new indictments next month against top officials, accusing
Sudan's 'entire state apparatus' of involvement in crimes in Darfur.

Prosecutor Luis Moreno Ocampo's address to the U.N. Security Council
coincided with a visit by envoys to Darfur, scene of one of the
world's worst humanitarian crises. Khartoum has accused him of
wrecking prospects for peace in its western region.

..... Moreno Ocampo said Sudan was not cooperating with the ICC and
was taking no action of its own against the two, government minister
Ahmad Harun and militia commander Ali Kushayb.

Instead, he said, Sudanese officials had waged an 'organized campaign
... to attack civilians' in Darfur...."

iii. "Sudan 'complicit' in Darfur," Channel 4 (United Kingdom), 5 June
2008,
http://www.channel4.com/news/articles/politics/international_politics/su
dan+comp

"A war crimes trial hears the prosecutor indict Sudan for complicity
in crimes against Darfur. Luis Moreno Ocampo told the UN security
council there was evidence of an organised campaign across the
government to attack civilians in Darfur...."

iv. "Prosecutor accuses Sudanese state of Darfur crimes," The National
Post, 5 June 2008,
http://www.nationalpost.com/news/world/story.html?id=a2584e24-1009-4b91-
a64b-e79

"The International Criminal Court prosecutor said on Thursday he would
seek new indictments next month against top officials, accusing
Sudan's 'entire state apparatus' of involvement in crimes in Darfur.

.... 'The evidence shows that the commission of such crimes on such a
scale, over a period of five years, and throughout Darfur, has
required the sustained mobilization of the entire Sudanese state
apparatus,' Moreno Ocampo said...."

v. "ICC prosecutor to seek Darfur indictments in July," Reuters, 5 June 2008, http://africa.reuters.com/top/news/usnBAN556470.html

"Accusing Sudan's 'entire state apparatus' of involvement in crimes in
Darfur, the International Criminal Court prosecutor said on Thursday
he would seek new indictments next month against senior Khartoum
officials.

.... Moreno Ocampo, who had announced in The Hague last week his
intention to take action but without giving a timetable, did not name
any officials whose indictment he would seek.

IV. UN SECRETARY GENERAL BAN CALLED FOR COOPERATION

"Ban urges Sudan to cooperate with prosecutors probing Darfur war
crimes," UN News Service, 5 June 2008,
http://www.un.org/apps/news/story.asp?NewsID=26921&Cr=darfur&Cr1=
<http://www.un.org/apps/news/story.asp?NewsID=26921&Cr=darfur&Cr1=>

"Secretary-General Ban Ki-moon today urged Sudan to cooperate with the
International Criminal Court (ICC) to ensure justice for the victims
of crimes committed in the war-torn Darfur region after the Court's
Prosecutor reported to the Security Council that the country is
'deliberately' attacking civilians.

In a statement issued by his spokesperson, Mr. Ban said he was 'deeply
concerned about the reported lack of cooperation' of the Sudanese
Government with prosecutors at the ICC, which is based in The Hague.

'There can be no sustainable peace without justice,' the statement
said. 'Peace and justice go hand in hand. Impunity for the serious
crimes committed in Darfur cannot be accepted.'

V. INTERVIEW WITH MORENO OCAMPO

" Sudan 'covering up' crimes in Darfur-ICC prosecutor," by Wasil Ali
(Sudan Tribune), 6 June 2008,
http://www.sudantribune.com/spip.php?article27428

"The prosecutor of the International Criminal Court (ICC) pointed
fingers at the Sudanese government and accused it of mobilizing "the
whole state apparatus" to commit crimes in Darfur.

... Luis Moreno-Ocampo delivered his semi-annual report to the UN
Security Council (UNSC) today in which he provided his current
investigations into the ongoing attacks against civilians in the war
ravaged region.

The Argentinean born lawyer also informed the UNSC of his intention to
file charges against unidentified Sudanese officials a in a few weeks
time. The ICC conducted its investigation without going on the ground
in Darfur because of the security situation and the inability to
protect witnesses and their families there.

But Ocampo told Sudan Tribune in an interview that he has enough
evidence to proceed before the judges next month.

'We have strong evidence. We never move without overwhelming evidence'
he said.

...'I have a duty to do an impartial investigation so I got
information from a number of sources including the government of
Sudan, the Attorney general in Khartoum and the suspects. I have all
sorts of evidence. I have insiders, witnesses, victims and UN reports.
There are tons of documents' Ocampo said.

..... But the prosecutor acknowledged that arresting the suspects
would be a difficult task. The Sudanese president Omar Hassan
Al-Bashir told the visiting UNSC delegation in Khartoum today that he
has no intention of cooperating with the ICC. The two suspects Haroun
and Kushayb are still at large.

One of the tactics deployed by Ocampo in the cases of Uganda, the
Congo and Central African Republic is the issuance of secret arrest
warrants which boosts chances that the suspects would be arrested. In
late May the ICC managed to nab the former Congolese vice-president
Jean-Pierre Bemba in Belgium. Bemba's arrest warrant was not made
public until he was actually arrested.

However Ocampo made it clear that he does not intend to mimic the same
approach in the coming case next month.

'The second case will be a public application. I think it is important
to be transparent and clear in what happened. The Judges will decide
the merits of this case' he said.

The ICC is also working on a fourth case against Darfur rebels
attacking peacekeepers and aid workers. However he said the case is
not complete yet.

...The ICC prosecutor also made the breathtaking disclosure that
his office was close to arresting Haroun last December.

Earlier this year a well placed source in Khartoum told Sudan Tribune
that Haroun, wanted to fly to Saudi Arabia on a forged passport.
Haroun ended up cancelling his travel plans after the Sudanese
government found out, the source added.

Ocampo confirmed this piece of information and revealed more details
on the Haroun's travel plans.

'We were getting ready to divert his plane' he said.... 'The Saudis were
informed. We respect states so the information was clear to them. They
knew about this' he said.

...' He [Haroun] has medical problems so he could attempt. He
sometimes he needs to go outside using different passports' he said.

...'When you use the state apparatus to commit crimes you are giving
instructions to public servants. They have to be sure they will
protect them because they are asking them to do something illegal. The
state apparatus requires protection. In this sense protection could be
used to establish legal responsibility' Ocampo said.

... 'The Secretary General was very active on this issue and as you
know he raised it with President Al-Bashir personally. I think he made
great effort.'

The prosecutor also hailed the encouraging remarks made by UNSC during
his briefing today.

'At least 9 of the UNSC members were very open and strong about the
need to send a clear message that Sudan has to cooperate with the
court'...."

*****
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