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Darfur: Amb.Grauls says Art.16 not in the SC Agenda; AU created a panel of lawyers to probe the situation in Darfur; Sudanese MJ appointed Prosecutor to examine crimes in Darfur; Sudan says had not received complaint involving Harun: and others

06 Aug 2008

Dear all,

Please find below information on recent developments related to the
International Criminal Court's investigation in Darfur, Sudan.

In this digest we included a information reporting that the Belgium Ambassador
Grauls to the UN said "the issue of suspending the indictment of Sudan President
Omar Hassan Al-Bashir is not on the agenda of the UN Security Council (UNSC) for
August"; the African Union, who met with Al Bashir very recently, decided to
create a panel of lawyers to probe the situation in Sudan and the Sudanese
Minister of Justice Abdul Basit Sabdarat said he had appointed a prosecutor to
´examine alleged crimes in the war-torn western region of Darfur and to present
cases to courts´; statements from Sudanese officials, including one reporting
that the Sudanese government has not received any complaint ´ by any party
against Ahmed Harun.´ In an interview with Sudan Tribune, ICC Counsel Dr. Hadi
Shalluf stated the ´Sudanese government is mishandling the ICC case against
Sudanese president Omar Hassan Al-Bashir and called on the Sudanese government
to ´deal rationally with the ICC´.

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 best regards,

Mariana Rodriguez Pareja
CICC Communications
##################

I. ARTICLE 16 DISCUSSION NOT IN AUGUST AGENDA, REPORTS

i. "Deferral of indictment for Sudan president not on UNSC August agenda," Sudan
Tribune, 5 August 2008
http://www.sudantribune.com/spip.php?article28156

"The issue of suspending the indictment of Sudan president Omar Hassan Al-Bashir
is not on the agenda of the UN Security Council (UNSC) for August, Jan Grauls
the Belgian UN ambassador told reporters today.

Libya and South Africa sought to force a suspension in the UNAMID resolution
adopted on July 31st but failed to get the required number of votes and instead
accepted a watered down paragraph taking note of the African Union concern on
the International Criminal Court (ICC) move to seek an arrest warrant for
Al-Bashir.

.... However the Belgian envoy said that none of the UNSC members made a formal
request for consideration of the matter.

´At this stage no delegation has requested consultation or announced its
intention to take this up at a particular moment in August´ said Grauls whose
country holds the rotating presidency of the UNSC..."

II. SUDAN AND AFRICAN UNION RECRUITING LAWYERS OVER DARFUR

i. "AU recruiting top lawyers over Sudan war crimes probe," AFP
5 August 2008
http://afp.google.com/article/ALeqM5hn_6ODfyX3tEo8gb5cHyt1QINgDw

"The African Union said it is drawing up a list of top lawyers to probe the
situation in Sudan after the International Criminal Court prosecutor accused
President Omar al-Beshir of genocide in Darfur.

´We have decided to create a panel of eminent lawyers which would come to work
in Sudan. This has been fully accepted by Sudan,´ AU commission chairman Jean
Ping told AFP in an interview on Monday.

Ping has warned that a request from the ICC prosecutor to arrest Beshir for
alleged genocide, war crimes and crimes against humanity over the conflict in
Darfur had thrown ´more oil in the fire."

ii. "Sudan appoints Darfur prosecutor," AFP, 5 August 2008
http://afp.google.com/article/ALeqM5jBUP33zz8EQLeZzWLoiLaD3x3fIQ

"Sudanese Justice Minister Abdul Basit Sabdarat said on Tuesday that he had
appointed a prosecutor to examine alleged crimes in the war-torn western region
of Darfur and to present cases to courts.

.... ´I have signed a decision to name a prosecutor for crimes in Darfur from
2003 until now,´ Sabdarat told reporters at his ministry. ´I have given him the
authority to investigate these crimes and go to a judge if he finds cases,´
Sabdarat added. He named the incoming prosecutor as Kamal Mahgoub Ahmed, an
advisor at the Sudanese justice ministry. Sabdarat made no further comment
beyond his brief announcement but his move was swiftly criticised by some legal
experts as a media stunt...."

III. STATEMENTS FROM SUDANESE OFFICIALS

i. "Sudan president is the greatest African leader: Official," Sudan Tribune,
4 August 2008
http://www.sudantribune.com/spip.php?article28138

"Sudan's envoy to the UN Abdel-Haleem Abdel-Mahmood again criticized the move by
the prosecutor of the International Criminal Court (ICC) to indict President
Omar Hassan Al-Bashir.

´We regret that they are accusing one of the greatest leaders in the African
continent who had the honor of achieving peace in Sudan and ending the longest
civil war in Africa,´ Abdel-Mahmood told reporters at the UN headquarters.

..... But the African Union, Arab League, Non-Aligned Movement (NAM) and
Organization of Islamic Conference (OIC) called for invoking Article 16 which
allows the UNSC to suspend the ICC prosecutions in any case for a period of 12
months that can be renewed indefinitely...."

ii. "Sudan says no evidence received against Haroun," Sudan Tribune, 4 August
2008
http://www.sudantribune.com/spip.php?article28140

"The Sudanese government said it will not bring a minister accused of war crimes
to justice without evidence.

Sudan's justice minister Abdel-Baset Sabdarat told the pro-government Al-Rayaam
that no complaint has been filed by any party against Ahmed Haroun, state
minister for humanitarian affairs. ´We will not file complaints against Haroun
on behalf of Ocampo or any other foreign party´ he said.

The judges of the ICC issued their first arrest warrants for suspects accused of
war crimes in Sudan's Darfur region a year ago...."

iii. "Al Bashir Pledges to Restore Peace in Darfur, Overrules any Dealing with
ICC," Sudan Vision, 4 August 2008
http://www.sudanvisiondaily.com/modules.php?name=News&file=article&sid=37349

"President of the Republic Field Marshal Omar Hassan Ahmed Al Bashir has
re-affirmed that the government's refusal to deal with the International
Criminal Court originates from Sudan's entitlement to its legal, political and
diplomatic rights. While renewing his confidence in the national judiciary, the
state's organs, political parties and organizations and civil society
organizations, underlining the government's keenness on peaceful resolution of
Darfur problem through the initiative of the people of Sudan under the
participation of all political parties and organizations as well as its
commitment to all the pacts and agreements concluded with regional and
international organizations..."

iv. "Ocampo Should Reconsider His Decision against President Al-Bashir, Wani,"
Sudan Vision, 3 August 2008
http://www.sudanvisiondaily.com/modules.php?name=News&file=article&sid=37289

"Sudan People's Liberation Movement (SPLM) has denied the decision of
International Criminal Court's prosecutor to file an arrest warrant for the
President of the Republic Field Marshal Omar Al-Bashir for alleged war crimes
and genocide in Darfur.

In an announcement to Sudan Vision Newspaper, SPLM Deputy Chairman and President
of South Sudan Legislative Assembly, James Wani said that the steps taken by
Luis-Moreno Ocampo would have implications on the peace process and
transformation towards democracy in Sudan. Wani affirmed that Ocampo's decision
would negatively affects on the progress in the implementation of Comprehensive
Peace Agreement (CPA) and it would harm the overall peace process in the Sudan.
He calls on the prosecutor of ICC to reconsider his decision. He said that we
reject the decision for its direct effects on peace process and development...."


IV. AFRICAN UNION OFFICIALS MEET WITH AL-BASHIR

i. "African Union chief to discuss ICC prosecution with Sudan president,"
Sudan Tribune, 3 August 2008
http://www.sudantribune.com/spip.php?article28131

"African Union chief is expected in Sudan on Sunday for talks with President
Omar al-Beshir, whose arrest over war crimes was demanded last month by the
International Criminal Court (ICC) prosecutor.

In a statement issued Saturday at its Addis Ababa headquarters, the continental
body said Jean Ping and AU peace and security commissioner Ramtane Lamamra would
be in Sudan for two days to meet Beshir and other top officials. The AU
delegation will arrive to Khartoum on Sunday evening and meet Bashir and other
officials on Monday. It comes after the pledge by the U.N. Security Council to
discuss the possible suspension of the prosecution by the ICC of Darfur
crimes...."

ii. "AU chief urges Sudan to cooperate further," Agence France Presse, 4 August
2008
http://news.yahoo.com/s/afp/20080804/wl_africa_afp/warcrimessudanconflictdarfura
fricanunion

"The African Union on Monday urged Sudan to cooperate further with peace efforts
in the country's Darfur region amid efforts to head off a possible arrest
warrant against the head of state.

AU Commission chairman Jean Ping held what he described as ´long´ talks with
President Omar al-Beshir, three weeks after the International Criminal Court
(ICC) prosecutor sought Beshir's arrest warrant for alleged crimes in Darfur..."

V. ICC COUNSEL SAYS SUDAN MISHANDLING CASE AGAINST AL BASHIR

i. "INTERVIEW: ICC counsel criticizes Sudan handling of Bashir indictment,"
Sudan Tribune, 4 August 2008
http://www.sudantribune.com/spip.php?article28139

"The Sudanese government is mishandling the International Criminal Court (ICC)
case against Sudanese president Omar Hassan Al-Bashir, one of the registered
counsels at the ICC told Sudan Tribune in an interview today.

The French-Libyan born counsel Dr. Hadi Shalluf has followed the Darfur case in
the ICC very closely. He was appointed by its ICC Judges in August 2006 to
represent and protect the general interests of the defense in the Darfur case
during the proceedings on the preservation of evidence and protection of
witnesses.

Shalluf filed a series of motions to challenge the jurisdiction of the Court and
the admissibility of the Darfur case at the ICC that were eventually rejected by
the judges.
His stance on the admissibility of the Darfur case ties with that of Khartoum
but Shalluf says his reasoning is ´purely legal´.

He called on the Sudanese government to deal rationally with the ICC and
stressed that Khartoum's options are becoming limited as time passes. He advised
Sudan to accept a special regional court that would include Sudanese judges.
Shalluf also warned that Al-Bashir faces real prospects of arrest if he travels
abroad to any country.

With regards of suspending Al-Bashir's indictment by the UN Security Council
(UNSC) Shalluf emphasized that the Rome Statute does not allow for a partial
deferral and that any such resolution would cover the other two suspects Ahmed
Haroun, state minister for humanitarian affairs, and militia commander Ali
Mohamed Ali Abdel-Rahman, also know as Ali Kushayb.

[...] Below is the text of the interview:

- Did you change your position on the jurisdiction of the ICC over the Darfur
case?

Shalluf: No not at all. But I agree with the ICC Statute which says that any
challenge to its jurisdiction should be made in court before the judges not on
television or the media.

[...]

- Who has the right to file a challenge to the admissibility?

Shalluf: The ICC statue makes it clear that suspects must first be held in
custody before that can happen. The ICC judges made this rule clear in response
to a motion I filed in November 2006. Once they make an appearance in court the
judges will decide. Even if they issue an unfavorable decision to Sudan it can
always be appealed.

- The response of the Sudanese government seems to focus mainly on attacking the
ICC's prosecutor Luis Moreno-Ocampo and saying he is not morally in a position
to accuse Al-Bashir. What is your opinion on this?

Shalluf: I have asked Sudan before to deal with the ICC legally and not just
politically. Directing insults at Ocampo is not a good thing and above all not
right. Ocampo is doing his job in accordance with the Rome Statute. He has no
personal interest in indicting Al-Bashir other than fulfilling his duties. At
the end of the day it will be the judges to decide on the prosecutor's
application after reviewing the evidence submitted. It is not a personal
conflict between Al-Bashir and Ocampo.

[...]

- There are many Arab and Sudanese writers who say that Al-Bashir's indictment
is aimed at breaking up Sudan and part of a Western conspiracy against the
Islamic countries in general?

Shalluf: We must all agree that there were crimes committed in Darfur from all
parties to the conflict whether the rebels or the government. The courts have
the right to look into them. I offered a proposal for a special court before as
an alternative to the ICC. There are human right violations in Darfur. The
violations which include killings and displacement of people must be
investigated. No one can say that this is a Western conspiracy. Of course
politically there will be some countries who may be willing take advantage of
these conflicts such as Chad, US, UK or even China. This is to be expected in
these types of conflicts. But a lawyer is concerned with justice only. We
believe there is a case warranting judicial intervention. If Sudan accepts the
ICC then that would be great. Otherwise we can establish a special regional
court which would be Sudan's best choice.

[...]

- Do you think there is a realistic chance for the UNSC to suspend or revoke
resolution 1593 as you mentioned?

Shalluf: I doubt it. There is a great deal of misunderstanding when it comes to
Arab and African politicians on the ICC and the UNSC authority. I think the
Libyan and South African ambassadors at the UN either did not read or understand
the Rome Statute. The UNSC cannot make decisions without a vote and some
countries have veto power which means that the ICC could continue working the
Darfur case. Even if the UNSC adopt a resolution on suspension, the judges can
reject it. [...]"

VI. REPORTS OF SUPPORT TO AL-BASHIR

i. "Sudan: Coptic Church rejects ICC charges against president Al-Bashir," BBC
Monitoring Middle East, 1 August 2008 [link not available]

Text of report in English by state-owned Sudanese news agency Suna website

"The institutions of the Coptic Sect under the church leadership headed by Anba
Sarabamoon and Anba Elia have declared their total rejection to the allegations
of the prosecutor of the International Criminal Court, [Luis Moreno]-Ocampo,
pointing out that the allegations target the peace and development process in
Sudan...."

ii. "Sudan: Arab journalists to hold emergency meeting in Khartoum over ICC,"
BBC Monitoring Middle East, 1 August 2008
http://english.smc.sd/enmain/entopic/?artID=13883

"The Arab Journalists Union (AJU) is due to hold an emergency meeting in
Khartoum next Tuesday [5 August] to announce its support and solidarity with
Sudan as well as to re-affirm ejection to the allegations by the chief
prosecutor of the International Criminal Court [ICC], Luis Moreno-Ocampo,
against Sudan's leadership.

In this regard, Member of the General Secretariat of the AJU and Chairman of the
Union of the Sudanese Journalists, Dr Mu'hay-al-Din Ahmad Titawi, said in a
statement to SUNA that all the members of the AJU will be participating in the
meeting which will be chaired by the chairman Ibrahim Nafi...."

iii. "African trade union head denounces ICC charges against Sudan's Al-Bashir,"
BBC Monitoring Middle East, 3 August 2008 [link not available]
Text of report in English by state-owned Sudanese news agency Suna website
"Secretary General of Organization of African Trade Unions Unity (OATUU) Hassan
Sunmonu has expressed condemnation of the African workers and people and their
rejection to the allegations of the prosecutor of the International Criminal
Court, [Luis Moreno-]Ocampo, against President of the Republic Field Marshal
Umar al-Bashir.
Addressing Popular Rally for Solidarity with Sudan at the Friendship Hall in
Khartoum Sunday, OATUU Secretary-General said President Al-Bashir has realized
peace in his country by ending the war in southern Sudan that lasted for 50
years and also achieved peace in eastern Sudan and Abuja agreement. He pointed
out that the conflict in Darfur is a conflict between farmers and herdsmen on
scarce resources and not between Arabs and Africans...."

iv. "AFRICAN-CARIBBEAN-PACIFIC GROUP DELEGATION ARRIVES IN SUDAN," BBC
Monitoring International Reports, 4 August 2008 [link not available]

Text of report by state-owned Sudanese radio on 4 August

"A delegation of the African-Caribbean-Pacific Group headed by Nigerian
Ambassador Abd-al-Bari arrived in the country early today on a several day
visit. The head of the delegation, Ambassador Abd-al-Bari said that the visit
comes in the framework of the group demonstrating its solidarity with Sudan
against the allegations of the International Criminal Court's chief prosecutor
against the president of the republic who is the current chairman of the
group..."

v. "Iran raps ICC prosecutor on Sudan issue," Press TV, 4 August 2008
http://www.presstv.ir/detail.aspx?id=65616&sectionid=351020101

"Iranian Foreign Minister Manouchehr Mottaki slams the International Criminal
Court decision to try Sudan's president for war crimes.

The decision to arrest Sudanese President Omar al-Bashir ´would have negative
consequences for the peace process in Sudan, ´ said Mottaki in a meeting of the
Organization of the Islamic Conference (OIC) in Saudi Arabia on Monday..."

vi."OIC Executive Committee/Final communiqué," Qatar News Agency, 4 August 2008
[link not available]

"Following is the Final Communique issued upon conclusion of the Emergency
Ministerial Meeting of the OIC Executive Committee, held today at the OIC
Secretariat to discuss the attempt by the Prosecutor of the International
Criminal Court (ICC) to seek the indictment of H.E. President Omar Hassan
Al-Bashir.

An emergency Ministerial Meeting of the OIC Executive Committee was convened on
Monday, at the General Secretariat in Jeddah, Kingdom of Saudi Arabia, to
discuss the attempt by the Prosecutor of the International Criminal Court (ICC)
to seek the indictment of H.E. President Omar Hassan Al-Bashir. The meeting,
after extensive deliberations in which it recalled previous CFM Resolutions and
Summit decisions on the Darfur conflict, agreed on the following:

1. The meeting expressed its full solidarity with the Sudan under the leadership
of H.E. President Omar Hassan Ahmed Al-Bashir and stated its unflinching support
for the various endeavors to achieve genuine national reconciliation, lasting
peace and stability within the context of a sovereign and united country. In
this context, the meeting appealed to the Sudanese parties and other
stakeholders to recommit themselves to the revival of the peace process in
Darfur and deal constructively with various initiatives in this regard.

[...] 4 . The meeting urged the UN Security Council to suspend indefinitely the
move by the Prosecutor directed against President Omar Hassan El Bashir and, in
this respect decided that the OIC should coordinate its efforts with the African
Union, the League of Arab States, the Non-Aligned Movement and other political
groupings to support steps in the UN and elsewhere aimed at defusing this
dangerous situation and preventing its recurrence. In this context, the meeting
instructed the OIC Group in New York to evolve best ways and means of tackling
the issue during the 63rd Session of the UNGA. [...] "

See also:

i. "ICC move unwarranted, unacceptable, says OIC," Saudi Gazette 4 August 2008
http://www.saudigazette.com.sa/index.cfm?method=home.regcon&contentID=2008080513
613

ii. "AIP discusses ICC's indictment of Sudanese President," Kuwait Times 5
August 2008
http://www.kuwaittimes.net/read_news.php?newsid=MTI3MzY1NTIz

=====
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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
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and other organizations in the course of their efforts.

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