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Darfur: Prosecutor Charges Sudanese President with War Crimes, Crimes Against Humanity and Genocide

14 July 2008

Dear all,

This afternoon in The Hague, ICC Prosecutor Luis Moreno-Ocampo requested the arrest of Sudanese President Omar Al Bashir on charges of war crimes, crimes against humanity and genocide.

Please see below for the press release from the ICC Office of the Prosecutor and a media advisory from the CICC.

We will soon send out a message with press releases from our members.

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,

Anaga Dalal
CICC Communications
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I. ICC OFFICE OF THE PROSECUTOR RELEASE


"ICC Prosecutor presents case against Sudanese President, Hassan Ahmad AL BASHIR, for genocide, crimes against humanity and war crimes in Darfur," ICC Office of the Prosecutor Press Release, 14 July 2008, http://www.icc-cpi.int/press/pressreleases/406.html

"ICC Prosecutor Luis Moreno-Ocampo has presented evidence today showing that Sudanese President, Omar Hassan Ahmad AL BASHIR committed the crimes of genocide, crimes against humanity and war crimes in Darfur.

Three years after the Security Council requested him to investigate in Darfur, and based on the evidence collected, the Prosecutor has concluded there are reasonable grounds to believe that Omar Hassan Ahmad AL BASHIR bears criminal responsibility in relation to 10 counts of genocide, crimes against humanity and war crimes.

The Prosecution evidence shows that Al Bashir masterminded and implemented a plan to destroy in substantial part the Fur, Masalit and Zaghawa groups, on account of their ethnicity. Members of the three groups, historically influential in Darfur, were challenging the marginalization of the province; they engaged in a rebellion. AL BASHIR failed to defeat the armed movements, so he went after the people. "His motives were largely political. His alibi was a 'counterinsurgency.' His intent was genocide. " The Prosecutor said.

For over 5 years, armed forces and the Militia/Janjaweed, on AL BASHIR orders, have attacked and destroyed villages. They then pursued the survivors in the desert. Those who reached the camps for the displaced people were subjected to conditions calculated to bring about their destruction. AL BASHIR obstructs international assistance. His forces surround the camps. One victim said: "When we see them, we run. Some of us succeed in getting away, and some are caught and taken to be raped -- gang-raped. Maybe around 20 men rape one woman. [...] These things are normal for us here in Darfur. These things happen all the time. I have seen rapes too. It does not matter who sees them raping the women -- they don't care. They rape girls in front of their mothers and fathers".

For over 5 years, millions of civilians have been uprooted from lands they occupied for centuries, all their means of survival destroyed, their land spoliated and inhabited by new settlers. 'In the camps AL BASHIR's forces kill the men and rape the women. He wants to end the history of the Fur, Masalit and Zaghawa people' said the Prosecutor. 'I don't have the luxury to look away. I have evidence'.

For over 5 years, AL BASHIR has denied the crimes. He says rape does not exist in the Sudan. This is a fabrication. "By preventing the truth about the crimes from being revealed; concealing his crimes under the guise of a 'counterinsurgency strategy', or 'inter tribal clashes', or the 'actions of lawless autonomous militia', AL BASHIR made possible the commission of further crimes. He promoted and provided impunity to his subordinates in order to secure their willingness to commit genocide" The Prosecutor said.

Al BASHIR's intent to commit genocide became clear with the well coordinated attacks on the 2.450.000 civilians who found a haven in the camps. "AL BASHIR organized the destitution, insecurity and harassment of the survivors. He did not need bullets. He used other weapons: rapes, hunger, and fear. As efficient, but silent." Said the Prosecutor.

Today, the evidence shows that AL BASHIR, instead of assisting the people of Darfur, has mobilised the entire state apparatus, including the armed forces, the intelligence services, the diplomatic and public information bureaucracies, and the justice system, to subject the 2.450.000 people living in IDP's camps, most of them members of the target group, to conditions of life calculated to bring about their physical destruction.

"AL BASHIR is the President. He is the Commander in Chief. Those are not just formal words. He used the whole state apparatus, he used the army, he enrolled the Militia/Janjaweed. They all report to him, they all obey him. His control is absolute." added Prosecutor Moreno-Ocampo.

The Pre-Trial Chamber I will now review the evidence. If the judges determine that there are reasonable grounds to believe that the named individual committed the alleged crimes, they will decide on the best manner to ensure his appearance in court. The Prosecution has requested an arrest warrant.

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For more information please contact:

Florence Olara, OTP Public Information Co-ordinator
+31 (0) 6 5029 4476 (cell)
Email: <mailto:[email protected]> [email protected] <mailto:[email protected]>

In The Hague: Ms Nicola Fletcher, OTP Media Liaison
+31 (0)70 515 8071, cell: +31 (0) 65 089 0473
Email: [email protected] <mailto:[email protected]>

II. CICC MEDIA ADVISORY


Coalition for the International Criminal Court

www.coalitionfortheicc.org <http://www.coalitionfortheicc.org/>


MEDIA ADVISORY Contact

14 July 2008
In New York:

Anaga Dalal,

(+)1.646.465.8517, 201 600 4718 (cell)

[email protected]

In The Hague:

Oriane Maillet

(+) 31 70 311 10 82, (+) 31 6 46 2006 70 or +31 0627 344 778 (cell)

[email protected]

ICC PROSECUTOR REQUESTS ARREST OF SUDANESE PRESIDENT OMAR AL-BASHIR

Prosecutor Implicates First Head of State for Ten Counts of Genocide, Crimes against Humanity, and War Crimes in Darfur

WHAT: On 14 July 2008, the Prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo, requested Pre-Trial Chamber I to issue arrest warrants for Omar Hassan Ahmad Al Bashir in the Darfur situation in Sudan. In his Application, the Prosecutor stated that there are reasonable grounds to believe that Al-Bashir bears criminal responsibility for genocide, crimes and war crimes committed in Darfur in the past five years. The Application lists ten counts, and alleges among other things that Al-Bashir "masterminded and implemented a plan to destroy in substantial part the Fur, Masalit and Zaghawa groups, on account of their ethnicity."

WHO: Omar al-Bashir has been the President of Sudan since 1993.

NEXT STEPS: In accordance with Article 58 of the Rome Statute, it is now up to the Pre-Trial Chamber I to decide whether to issue a warrant of arrest based on the Prosecutor's application and any related evidence or information. It is up to the judges to determine whether there are reasonable grounds to believe that the person has committed the crime and whether the arrest of the person is necessary to ensure his appearance at trial. The judges may also decide if an arrest warrant is necessary to ensure that this person does not obstruct or endanger the investigation or the court proceedings, or, where applicable, to prevent this person from continuing with the commission of the listed or any related crimes. The issuance of a warrant of arrest against Al Bashir would represent the Court's first case against a sitting head of state. Since the ICC does not have its own police force, the execution of a request to arrest Al Bashir would require cooperation from relevant governments and international and regional organizations such as the United Nations and the African Union. In accordance with the ICC Statute, a person's official capacity as a head of state shall in no case exempt them from criminal responsibility for crimes within the jurisdiction of the ICC.

WHY: On 31 March 2005, the United Nations Security Council referred the situation in Darfur, Sudan to the ICC Prosecutor through Resolution 1593, "determining that the situation in Sudan continues to constitute a threat to international peace and security." On 6 June 2005, the ICC

Prosecutor officially opened his investigation into the situation of Darfur, which was assigned to

Pre-Trial Chamber I. Today's request is the second made in the Darfur investigation, as on 27 February 2007, the Prosecutor requested summons to appear against Ahmad Muhammad Harun and Ali Kushayb for 51 counts of war crimes and crimes against humanity. On 2 May 2007, Pre-Trial Chamber I issued arrest warrants for the two suspects. Since the referral and the issuance of the warrants, the Sudanese government has consistently refused to cooperate with the Court and openly defied the Court and the international community.

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