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Darfur, Part II: News Articles, Interviews and Analysis/Opinions

14 July 2008

Dear all,

Please find below the second of our two-part message with news
articles regarding the ICC Prosecutor's application requesting a
warrant of arrest for Sudanese President Omar Hassan Ahmad Al-Bashir
for genocide, crimes against humanity and war crimes in Darfur.

For more information on Darfur and the ICC, please visit the
Coalition's site at http://coalitionfortheicc.org/?mod=darfur

Due to the high volume of news articles on this topic; please note
that this digest is not exhaustive. Please also 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.

Best regards,
CICC Communications
[email protected]

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

I. NEWS ARTICLES

i. "Court seeks arrest of Sudan's Beshir for 'genocide'," by
Mariette le Roux (Agence France Presse) 14 July 2008,
http://news.yahoo.com/s/afp/20080714/ts_afp/warcrimessudandarfuricc&printer=1;_ylt=AkxYjX7SlMuE55E6K5_vh0SGOrgF

"The prosecutor for the International Criminal Court on Monday asked
for an arrest warrant against Sudan's President Omar al-Beshir for
genocide, crimes against humanity and war crimes in Darfur.
Beshir had `personally instructed' his forces to annihilate three
ethnic groups in the western Sudanese region, prosecutor Luis
Moreno-Ocampo told journalists in The Hague. `His motives were largely
political. His alibi was a counter-insurgency.' His intent was
genocide,' he said.
...Tanzanian Foreign Minister Bernard Membe, speaking on behalf of AU
chair President Jakaya Kikwete, urged the ICC to defer bringing
charges `because there is a risk of anarchy in a proportion we have
not seen in this continent.'
Already Monday, the joint UN-AU peacekeeping mission in Darfur said it
would evacuate non-essential staff but maintain its operation in the
war-torn region `due to the recent deteriorating security situation.'
UN chief Ban Ki-moon said he expected Sudan to guarantee `the safety
and security of all United Nations personnel and property,' despite
the prosecutor's request.
British Prime Minister Gordon Brown urged the former British colony to
cooperate with the court, which he said `has our support for its
activities.'
But Sudan's Vice President Ali Osman Taha said Khartoum was in contact
with permanent members of the UN Security Council, which has the power
to intervene and defer any prosecution for a year, to try to block any
arrest warrant.
In Cairo, the Arab League said foreign ministers would hold an
emergency meeting on Sudan on Saturday, while the White House urged
all parties `to remain calm.'
...If charges were brought, it would be the first time the ICC had
indicted a sitting head of state since its creation in 2002.
...Beshir, 64, came to power in Africa's biggest country when he
toppled a democratically elected government in a bloodless coup on
June 30, 1989..."

ii. "Critics say The International Criminal Court's move Monday to
indict Sudan's president for war crimes may hamper peace," by Robert
Marquand (Christian Science Monitor), 15 July 2008 Edition,
http://www.csmonitor.com/2008/0715/p01s02-woeu.html

"In a momentous legal move that could pit the immediate stability of
Sudan against that regime's long-term accountability for murder and
mayhem in Darfur – Sudanese President Omar al-Bashir has been indicted
on charges of genocide by International Criminal Court (ICC)
prosecutor Luis Moreno-Ocampo.
`I don't have the luxury of looking away,' said Mr. Moreno-Ocampo, who
forswore intense diplomatic pressure and fears of retribution in
Sudan, to charge Mr. Bashir with 10 counts of mass crimes, including
three for genocide. `I have evidence.'
...The ICC's first-ever indictment of a sitting president treads a
thin line between political consequences and a slow trend toward
stronger world courts, experts say.
...Yet the indictment is applauded by human rights and justice groups
as overdue for Sudan, where the world has largely stood by as some
300,000 Darfurians died – and as significant in further establishing
independent world justice systems.
`The indictment of Bashir and Sudan is actually a positive step in the
peace process, because it will clarify the nature of the conflict,'
says legal expert Paul Williams of American University in Washington,
who advises Darfur rebel movements on the peace process. `The court is
saying one party is responsible for genocide, while the flaw in the
American and European approach is to treat all sides as equal.
Accommodating genocide didn't work in the Balkans and it isn't
[working] in Sudan.'
...In Sudan's capital of Khartoum, an aid worker who requested
anonymity described fears of how the ICC charge `will impact the
security situation in Darfur and in the south – whether it will lead
to more fighting, closure, and harassment of camps and whether rebels
will use it as an excuse to step up attacks.' Aid agencies already
face state persecution and staff expulsions, and several have been
accused of passing information on to ICC prosecutors."

iii. "Sudan: ICC case could provoke violence," Associated Press, 13
July 2008,
http://ap.google.com/article/ALeqM5inqUzmH0M_JwO_wre74Z0-3h3-2gD91T27080

"Sudan's ruling party warned Sunday there will be more violence in
Darfur if the country's president is indicted for crimes against
humanity and genocide as hundreds of people rallied in Khartoum to
show their support for the longtime leader.
...In Sudan, the ruling National Congress Party called the case
against the al-Bashir `irresponsible cheap political blackmail' that
has no legal basis, according to a statement from the party that was
broadcast on state TV. It also warned there would be `more violence
and blood' in Darfur if an arrest warrant is issued against the
president, TV reported.
Al-Bashir huddled with Cabinet ministers and advisers Sunday, weighing
how the government would response to any action taken by the ICC.
Sudan has also asked the Arab League for an emergency meeting of Arab
foreign ministers.
Outside the meeting, hundreds of Sudanese, many carrying flags and
pro-government banners, demonstrated to show their support for
al-Bashir, who seized power in a 1989 coup. Others held signs
ridiculing the ICC and its prosecutor, Luis Moreno-Ocampo of
Argentina. `Ocampo is a plotter against Sudan's people,' one banner read.
Al-Bashir briefly emerged from the Cabinet meeting and went to the
roof of the building to wave at the cheering crowd. He did not say
anything.
Sudan's state TV said the protest was organized by Sudanese labor
groups. `The different worker organizations are standing against any
plot targeting the national sovereignty and expressing their support
to the leadership,' the TV said.
The report also said the country's Justice Minister Abdel Basset
Sabdarat assured the demonstrators that his ministry was `ready to
confront this plot.' He did not elaborate...."

iv. "'Delighted' Darfur rebels offer to help bring Beshir in," Agence
France Presse, 14 July 2008 (link not available)

"Darfur rebels reacted with delight on Monday after the International
Criminal Court prosecutor called for President Omar al-Beshir to be
arrested for masterminding a genocidal campaign in the western
Sudanese region.
Mahgoub Hussein, a spokesman for a faction of the rebel Sudan
Liberation Army (SLA), called it a `victory for humanity in Darfur,'
where war has been raging for more than five years, and the `beginning
of liberty in the Sudan.'
The rebels are ready `to carry out any tasks to arrest and extradite
war criminals to the international court,' Hussein said in a statement.
Suleiman Sandal, a field commander with the Justice and Equality
Movement (JEM), which in May came within shooting distance of the
presidential palace in Khartoum, told AFP that his fighters in Darfur
were celebrating the news.
`We have been waiting for this moment for a long time, so today we are
celebrating, we are very happy,' Sandal said, speaking by satellite
telephone. `But the message we have is that we want the international
community to go forward and not to stop, and JEM stands by, ready in
every way to aid the International Criminal Court to bring these
people to justice.'"
Ahmed Diraige, chairman of the Sudan Federal Democratic Alliance [also
a former governor of Darfur], a party allied with many of the major
rebel forces, also welcomed the ICC move. `The decision by the ICC
will encourage Beshir to work for peace in Darfur,' said Diraige,
speaking by telephone from London...."

See also:

a. "Why Darfur Still Bleeds," by Neil Macfarquhar, (The New York
Times), 13 July 2008,
http://www.nytimes.com/2008/07/13/weekinreview/13macfarquhar.html

b. "Sudan says a warrant holds peril for Darfur; Thousands backing
leader rally in capital,"
The International Herald Tribune, 14 July 2008,
http://www.redorbit.com/news/general/1476377/sudan_says_a_warrant_holds_peril_for_darfur_thousands_backing/

c. "Reactions" (Quotes from Bernard Kouchner, LMO, Kamal Obeid, Hicham
Youssef, Dominique Sopo, SOS Racisme and Ban Ki-moon), Nouvel
Observeur, 14 July 2008,
http://tempsreel.nouvelobs.com/actualites/international/afrique/20080714.OBS2834/les_reactions.html
(in French)

d. "Sudanese President Charged With Genocide," by Stephanie McCrummen
Washington Post Foreign Service, 14 July 2008,
http://www.washingtonpost.com/wp-dyn/content/story/2008/07/14/ST2008071400970.html

II. INTERVIEWS

i. "Sudan Leader To Be Charged With Genocide:Peace Efforts in Darfur
Could Be Hampered, Some U.N. Officials Fear," Transcript of online
discussion with HRW's Richard Dicker, Washingtonpost.com, 11 July
2008,
http://www.washingtonpost.com/wp-dyn/content/story/2008/07/11/ST2008071101668.html

"...Washington, D.C.: Is HRW's support of the Bashir indictment a
belief that the political process is doomed anyway? Surely what little
prospects were there are gone now.
Richard Dicker: No. Human Rights Watch's support for a possible
request for an arrest warrant against President Bashir and others is
not based on a belief that the political processes are dead. We
believe the North-South peace process must continue, that there must
be movement for free and fair elections in Sudan and the all but dead
Darfur peace processes must be restarted. The request for an arrest
warrant should have no effect on any of those processes.
Washington, D.C.: Andrew Natsios, Alex De Waal and Julie Flint, three
Darfur experts whose commitment to human rights cannot be questioned,
have expressed grave concerns over the consequences this indictment
will have on UNAMID, humanitarian assistance, and most
problematically, the peace process. Are you saying their fears are
unfounded?
Richard Dicker: Absolutely not. I respect the expertise of all three
of those individuals. Given the track record of the Sudanese
government over the last five years it would be shortsighted to reject
out of hand the possibility of backlash. However, it would be equally
foolish to insist on those consequences a priori and to oppose
accountability for those most responsible. The Sudanese government and
individual officials have legal obligations not to attack peacekeepers
or humanitarian aid workers. And if such attacks occur, need to be
held to account for what are crimes under law.
Bottom line, let's not rush to conclusions before those events unfold
and use projected events to oppose accountability.
Washington, D.C.: Human Rights Watch has never explicitly referred to
the 2003-2004 killings in Darfur as genocide. What is your position on
the ICC referring to it as such?
Richard Dicker: Our fact-finding on the ground did not give us
evidence that the killings and forced displacement were genocide.
However, our findings were not closing the door on the crime of
genocide and it's within the mandate of the prosecutor to make his own
determination based on where the evidence he has leads. It's up to the
judges to determine whether his evidence satisfies the necessary
standards to issue an arrest warrant on the crime of genocide.
(...)
Fairfax, Va.: What is the international opinion of whether Bashir
should be arrested? What repercussions would there be?
Richard Dicker: I think it's too early to say yet what the
international reactions are; however, a request for an arrest warrant
against a sitting head of state is likely to stir heated debate. I
think it's imperative for the international community to understand
that this is a prosecutor of an independent court and it must respect
that independence. The prosecutor is mandated to investigate and bring
charges regardless of political implications or consequences and the
international community -- individual governments as well as the U.N.
-- need to respect that independence.
Let's remember that it was the Security Council on March 31, 2005,
that asked the prosecutor to investigate crimes in Darfur without any
limitation on who or what charges he could bring.
There is a danger, of course, of backlash and the international
community will have to respond forcefully if the brining of charges
leads to attacks on civilians, peacekeepers and humanitarian aid workers.
Washington, D..C: What's the benefit of handing down this indictment
now? How does this benefit the efforts of the international community
that has been working to put pressure on the Bashir government through
other channels?
Richard Dicker: First, those efforts to bring pressure on the Bashir
government through other channels need to continue. But in reality,
all of those efforts have not yielded much positive result for the
people at risk in Darfur. I hope a request for an arrest warrant
against senior Sudanese officials will limit the more lawless impulses
and actors in Khartoom by stigmatizing those most responsible as
accused war criminals.
Washington, D.C.: It's my understand that Charles Taylor and Milosevic
were not "sitting" leaders when they were indicted. How will this
impact Bashir's current position and participation in African or
global events?
Richard Dicker: With all respect, in May, 1999, Slobodan Milosevic was
the president of Serbia and in July, 2003, Charles Taylor was the
president of Liberia. Those are the facts. Those accused heads of
state had to deal with the diplomatic fallout. I should add the
indictments, I believe, hastened their departure from power, which was
a good thing.
We'll have to see how criminal charges against President Bashir will
affect his reception in diplomatic circles but I hope such charges
would isolate him politically in the African Union as well as in the
Arab League. Certainly he will campaign in both the Arab League and
the African Union to build support for himself. And we shall see how
this all unfolds.
Richard Dicker: Thank you for your questions. This is an important
issue with far-reaching implications that go beyond Sudan. This is a
milestone in extending the rule of law to the most serious crimes
alleged to have been committed by the most senior official a
government. It will be important to follow the results."

ii. "CNN exclusive: ICC prosecutor on Darfur charges," Transcript of
CNN CNN's Nic Robertson Interviews Luis Moreno-Ocampo in The Hague
Ahead of his Announcement Monday of the Charges, 13 July 2008,
http://www.cnn.com/2008/WORLD/africa/07/14/icc.transcript/index.html

"Nic Robertson: What exactly are you accusing President Bashir of?
Luis Moreno-Ocampo: We request a warrant for the crime of genocide --
6a, b and c -- basically massive rapes and the condition of 2.5
million people -- in addition we charged him with crimes against
humanity and war crimes.
(...)
Q. What single piece of evidence is there in your opinion that most
strongly points towards genocide?
A. Thousands of documents -- thousands of different types of evidence
-- Ahmed Haroun was the minister of interior who coordinated attacks
in 2003, 2004. in 2005 he was appointed to manage the camps so Haroun
is the connection between attacks in the village and attacks in the
camps. Haroun says he was always following Bashir's instructions. And
Bashir says Haroun follows his instructions and Bashir say he will
never hand over Haroun because he has to follow his instructions. He
is confessing to me.
(...)
Q. Do you though have one specific case that you can point to -- one
specific case -- that you can say that, there, right there, is genocide?
A. We have been saying in addition to the massive numbers we have been
telling individual stories -- stories of women who say for instance we
know we are raped when we go looking for the firewood -- so they
decide to go in groups -- and they run -- they escape, some of them
escape, some of them are raped. And we have stories about families who
escape. Then people die because of the conditions that they saw -- we
have stories of a father that says my daughter was raped and they were
forced to watch when they rape my daughter -- we have these types of
stories for each of the cases for each of the groups.
Q. Sudan's representative, ambassador to the U.N. has already said on
the strength of this -- that you are playing with fire by going after
Sudan's president.
A. I have a responsibility to the security council -- the security
council referred the case to me and requested me to investigate. After
3 years I have strong evidence that al Bashir is committing a genocide
-- I cannot be blackmailed -- I cannot yield. Silence never helped the
victims. Silence helped the perpetrators. The prosecutor should not be
silent.
Q. There are aid officials, there are U.N. peacekeepers who are in
Darfur right now -- are you concerned for their safety?
A. We are not imposing our case on any peacekeeper -- we are not
requesting evidence from them -- any humanitarian assistant -- none of
them -- but if al-Bashir's forces are attacking peacekeepers it is
another reason to stop him -- yes -- attacking a peacekeeper is a war
crime.
Q. Why haven't these charges been brought before -- couldn't they have
saved more lives?
A. I never would present my case before I am ready -- one year ago I
was ready for Haroun the minister -- I presented a strong case against
him -- and after that I went looking for more evidence -- now I
present my second case, the evidence shows Bashir. I follow my
evidence I cannot be before my evidence.
Q. And what has happened to Haroun subsequently?
A. No that is an interesting piece -- after the judges issued an
arrest warrant for Haroun what was happening with Bashir was that
Haroun was confirming following his instructions -- so that's an
interesting piece -- and also we investigated Haroun when he was
minister of interior and after 2005 he was minister for humanitarian
affairs -- responsible for the HAC -- the commission who control the
camps -- so he is the one managing the camp -- so he was in both main
aspects of the genocide -- when they attack the people in their homes
and now attacking them in the camps.
Q. But despite indicting Ahmed Haroun he still has not appeared in
your courtroom?
A. Of course because the responsiblity to arrest him belongs to al
Bashir, and al Bashir in addition has the possibility to offer him
impunity -- so that's why confirming his control -- he is not just
giving instructions to Haroun he has the ability to protect Haroun and
not arrest him -- that's why I had to do Bashir -- because all the
others are protected by Bashir.
Q. How can you expect to get President Bashir in your court here?
A. This will need to be a security council resolution that the
security council will have to implement.
Q. What will they have to do?
A. Look -- the main responsibility of Sudan itself -- we are not
asking for a resolution -- is Sudan has to arrest the person. Normally
Sudan reject it, and now the security council has to impose that the
Sudan respect the resolution of the court.
Q. What sort of pressures are you feeling already from this announcement?
A. I am doing my work -- and follow my evidence -- no one is trying to
stop me -- and no one is pushing me -- I am an independent prosecutor.
(...)
Q. So what are the implications going to be for President Bashir,
assuming the judges go along with what you are presenting them?
A. It will be another warrant against al-Bashir has to be arrested --
the state parties are forced, have a legal obligation to arrest him --
the rest of the U.N. system -- the security council, have to endeavour
to cooperate with the court -- so depends on their own will -- but I
think al-Bashir's destiny is a dock in the court.
Q. What do you mean by that?
A. Al-Bashir is indicted by genocide -- if al-Bashir is indicted for
genocide his destiny is to face justice -- he has to explain what he
did -- he is responsible?
Q. I still don't understand how you can expect to bring him to justice
-- he is in command of his own destiny in Sudan, he doesn't have to
leave the country?
A. Maybe not in 2 months -- maybe it will take 2 years or 15 years --
this is a permanent court -- the court could wait to do the trial,
victims cannot wait, girls raped cannot wait -- they cannot rape more
in Darfur -- so time is not in favor of the victims -- the trial could
wait.
(...)
Q. Once President Bashir is indicted does this not hamper any
negotiations to try to bring peace in Darfur?
A. We need negotiation but negotiation cannot ignore the truth. The
truth is al-Bashir has committed a genocide in Darfur -- it's an
ongoing genocide -- that's the point -- you have to negotiate but it's
an ongoing genocide -- the first negotiation is to stop, today, the
genocide -- that's it.
Q. Are you concerned at all that he will harden his position and
things may get worse, may accelerate there?
A. He cannot blackmail the world, al-Bashir cannot blackmail the world
-- the world cannot yield, I will not yield, I will do my job -- the
security council requested that I investigate the case, I did it and I
will keep doing it.
Q. But it's not blackmail -- if there's no one in the world willing to
go into the country and pick him up it's not blackmail -- he can
continue as he wants.
A. I said blackmail because he could attack people -- yes -- but this
is a new world -- we are trying to establish a global community based
in law, and that requires commitment so I count on the commitment of
the citizens of the world and the governments of the world -- they
have to stop al-Bashir's genocide -- it's our responsibility.
(...)
iii. "Sudanese justice minister questions UN criticism, dismisses
arrest warrants" Al-Jazeera Interview with Abd-al-Basit Sabdarat,
Sudanese Minister of Justice and prosecutor general, Supplied by BBC
Monitoring Middle East, 12 July 2008 (no link available)

"...On whether the ICC's threat of an arrest warrant for President
al-Bashir seeks to pressure the Sudanese Government into making
further concessions in any future steps pertaining to the internal
Sudanese scene, the minister maintains that `America has no leverage
over us - it boycotted and besieged us, as did many other countries,
but we still managed to produce oil,' and adds that `our experiences
have taught us to stand firm, resist, keep our heads high, and not be
fooled by political balloons.'

III. ANALYSIS AND OPINIONS

i. "Bashir move bold but problematic," by Paul Reynolds (BBC), 14 July
2008, http://news.bbc.co.uk/2/hi/africa/7500437.stm

"The decision by the chief prosecutor of the International Criminal
Court to seek the arrest of President Omar al-Bashir of Sudan is a
bold human rights intervention, but one that will cause problems on
the diplomatic front.
It is bound to complicate, some will say destroy, attempts to increase
the presence of an international peacekeeping force in Darfur and to
encourage negotiations on a settlement between the government of Sudan
and the rebel groups in Darfur.
But the ICC is independent and is not concerned with diplomacy. It is
concerned with justice...It does not have to make a calculation and
weigh the balance between justice and realpolitik.
...This is the first time that the prosecutor has made charges against
a sitting head of state, breaking new ground in the reduction of
national sovereignty rights that have characterised international law
in recent years.
...However, there has been criticism of the prosecutor's decision from
the former US Special Envoy for Sudan, Andrew Natsios. In an article
on the website of the Social Science Research Council titled `A
disaster in the making', Mr Natsios says: `This indictment may well
shut off the last remaining hope for a peaceful settlement for the
country. Without a political settlement Sudan may go the way of
Somalia, pre-genocide Rwanda, or the Democratic Republic of the Congo:
a real potential for widespread atrocities and bloodshed as those in
power seek to keep it at any cost because of the alternatives. An
indictment of Bashir will make it much more difficult for any country
or international organisation to help negotiate a political settlement
with the Sudanese government.'
...The warrant request for Mr Bashir will now be considered by a panel
of three court judges. If they issue the warrant, Sudan will be
obliged to arrest its own president, in effect the president handing
himself over, which nobody expects will happen.
However, under Article 89, Mr Bashir might also be liable to arrest if
he visits one of the 106 states that are parties to the treaty....
A warrant would also pose some other difficulties, for example, to
those maintaining contacts with Mr Bashir. This might affect China, a
major arms supplier to Sudan. It is new diplomatic territory."

ii. "Solidarité Africaine," Le Monde Editorial, 14 July 2008,
http://www.lemonde.fr/afrique/article/2008/07/14/solidarite-africaine_1073127_3212.html

"After Zimbabwe, comes Sudan. Within an interval of just a few weeks,
two African leaders have been placed on the international scene for
crises and crimes that touch their own populations.
..…Omar Al-Bachir, his [Robert Mugabe] Sudanese counterpart, is the
first sitting President to be the subject of an ICC arrest warrant
application...
President Al-Bachir is relying on self-defensive tactics so that the
African Union and the Arab League quickly reject any eventual action
by the ICC. The results are already evident. Hisham Youssef, head of
the general secretariat of the Arab League pleaded with the ICC "to
not politicize" itself and to not insert itself in Sudanese intenal
affairs, contesting thus the legitimacy of the Court's jurisdiction…A
meeting at the head of the African Union concluded with a statement
indicating its `the concern of the AU with regard to the abusive
accusations placed on African leaders.'
Yet, everyone knows to what extent Omar Al-Bachir is guilty. Dignity
would amount to the League and African Union relinquishing its
solidarity with those who humiliate and martyr-ize Africa and the Arab
world."

This translation is unofficial and provided by the CICC Secretariat.

iii. "The ICC should not indict Omar al-Bashir," Guardian Unlimited,
11 July 2008,
http://www.guardian.co.uk/commentisfree/2008/jul/11/sudan.unitednations

"The International Criminal Court's prosecutor appears to be on the
verge of a fateful decision: whether to issue an indictment against
Sudan's president Omar al-Bashir for his alleged activities in Darfur.
...Who would benefit from this? Almost no one. The conflict in Darfur
is too complex and the attempts to resolve it are too delicate for so
one-sided and blunt an approach.

...The conflict in Darfur is essentially an internal issue with
multiple facets, involving the government and various rebel groups, as
well as criss-crossing tribal disputes. Atrocities have been committed
on all sides. The degree of blame, the extent of the killing and the
number of victims are hotly disputed. A hybrid African Union and
United Nations peacekeeping force is in place. Although Bashir and his
government have put up a range of obstructions to make it hard for
them to deploy quickly and operate effectively, UN member governments
are also at fault for failing to supply the men and equipment that
they pledged....Short of a hostile invasion designed to topple the
regime in Khartoum - a decision that would be foolish and sure to make
the situation even worse - there is no other choice for them but to
deal with Bashir and his people. As for the chance of finding a
political solution to the Darfur crisis, the AU and UN are conducting
fitful talks with Darfur's rebels in the hope of getting them to
resume negotiations with the government. How could the mediators
expect to persuade the rebels to be reasonable if the other side's
president has been charged with war crimes?

...The conflict between justice and pragmatism is never easy to
resolve. Holding people to account for their actions is a desirable
goal, but it has to be weighed against the difficulties it creates if
the indictees still hold power. Bashir is not Pinochet, who was long
out of office as well as out of favour in Chile when he was indicted
(by a foreign judge, not by an international court). The list of
practical problems that would flow from an indictment of Sudan's
president is long. It far outweighs the benefits. The ICC's prosecutor
should think again."

iv. "An endless conflict between peace and justice - and justice has
the upper hand," Op-ed by Adam Lebor ("Complicity with Evil: The UN in
the Age of Modern Genocide" author) in The Times (London), 12 July
2008, (No link available)

"Whenever the international community becomes involved in resolving a
conflict it fractures along familiar lines: between those seeking
peace and those seeking justice. The peacekeepers argue that the
priority is to stop the fighting, the justice seekers insist that
politicians and their warlords must be called to account for their
crimes. The likely indictment on Monday by the International Criminal
Court (ICC) of Omar al-Bashir, the President of Sudan, is a decisive
victory for the latter.

...For international criminal justice comes at a cost: the erosion of
national sovereignty. It's notable that despite intermittent
interference from Sudan's neighbours, the five-year Darfur conflict
has remained primarily domestic, fought by Sudanese rebels against
Sudanese government forces and its murderous paramilitaries known as
the Janjawid. Sudan has not even ratified the statutes of the ICC.

...Despite Khartoum's bluster, indictments by international criminal
courts do focus minds. The prospect of long prison sentences
encourages former allies to turn on each other, and make
behind-the-scenes deals with prosecutors, as happened in Serbia. The
regime in Khartoum is fractious and nervous. Like Yugoslavia, Sudan is
collapsing. Mr al-Bashir knows that his greatest enemies are not in
The Hague, but near by in Khartoum."

v. "Mistake to charge Bashir – US Envoy," Op-ed by Andrew Natsios
(Former US Special Envoy for Sudan and former Administrator of USAID)
reprinted in Daily Monitor, 14 July 2008,
http://www.monitor.co.ug/artman/publish/news/Mistake_to_charge_Bashir_US_envoy_68263.shtml

"While advocates and human rights groups focused on Darfur may applaud
reports of Sudan's President, Omar Bashir, being indicted by the
International Criminal Court, they should think again about their
enthusiasm.

...An indictment of Bashir will make it much more difficult for any
country or international organization to help negotiate a political
settlement with the Sudanese government.

Some forms of pressure may force the Sudanese government to negotiate
a political settlement, some will only make their leaders more
intransigent: an indictment is clearly in the later category. The
regime will now avoid any compromise or anything that would weaken
their already weakened position because if they are forced from office
they face trials before the ICC.

Free and fair elections are now much less likely, if they ever happen.
They are much more likely to be rigged or if Bashir's party loses
them they will refuse to comply with the results just as Mugabe has in
Zimbabwe."

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

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