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Darfur II: Calls for Justice in Darfur from Human Rights Organizations; Diplomatic Statements in Support of Sudan, although Uganda Refuses to Speak Against the ICC; Reports that Sudan will 'Battle'at the GA and Challenge the ICC Jurisdiction over Sudan

15 Aug 2008

Dear all,

Please find below information on recent developments related to the International Criminal Court's investigation in Darfur, Sudan. This is the second of a two-part media digest today on the ICC cases in Darfur.

In this second digest you will find media reports on further calls for justice in Darfur from human rights organizations; diplomatic statements in support of Sudan, although Uganda refuses to speak against the ICC; reports that Sudan will 'battle' at the UN General Assembly and challenge the ICC's jurisdiction over Sudan at the International Court of Justice; and the call for supporting Sudan in Latin America.

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,

CICC Communications

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I. HUMAN RIGHTS ORGANIZATIONS URGE JUSTICE IN DARFUR

"Human Rights Activists Trumpet ICC Actions on Darfur" Michael Bowman (VOA), 6 August 2008, http://www.voanews.com/english/2008-08-06-voa47.cfm

"Human rights activists say the ICC actions amount to a finding of likely genocide in Darfur, and that such a finding triggers clear obligations for the international community, particularly nations that deal closely with Sudan.

Betsy Apple specializes in crimes against humanity for the New York-based group Human Rights First.

'Every country in the world is on notice that there is a serious risk of genocide occurring in Darfur. Under the [United Nations] Genocide Treaty, states are obligated to take every conceivable action they can to prevent genocide,' said Apple. 'And the treaty does not require that states know for certain that genocide is happening. Rather, it is enough that states know that there is a serious risk of genocide occurring in order for this obligation to prevent genocide to kick in.'
...
Also appearing on the conference call was international law expert Jerry Fowler, who heads the Save Darfur Coalition. Fowler says no nation has more extensive ties to Khartoum than China. Therefore, under the U.N.
Genocide Treaty, Chinese officials bear the greatest responsibility to take immediate, decisive action to end bloodshed in Darfur.

'They have been a key protector of the government of Sudan in the United Nations Security Council. In effect, they have been the 'heat shield' of Khartoum in the Security Council. Secondly, they are a major arms supplier of the government of Sudan. A U.N. database indicates that 90 percent of arms transfers to Sudan come from China,' said Fowler. 'The third thing is their intimate and expanding economic relationship [with Sudan].'..."

II. DIPLOMATIC SUPPORT TO SUDAN, BUT UGANDA

i. "Cairo Censures Ocampo's Motion," Sudan Vision, 7 August 2008,
http://www.sudanvisiondaily.com/modules.php?name=News&file=article&sid=3
7483

"Egyptian Minister of Legal and Attorney Councils Affairs, Dr. Mufid Shihab, said Egypt's common historical and geographical associations with Sudan puts the joint Egyptian-Sudanese security at the forefront of the requirements of Arab national security, disclosing that President Mubarak is closely following up the situation in Sudan and coordinating with President Al Bashir with respect to settlement of Darfur crisis.

Shihab accused certain powers he did not name of seeking to raise turmoil in Sudan and inflate problems out of proportion instead of trying to solve them. He affirmed that Egypt and its President will dedicate their efforts to resolving Sudan's present crisis with the International Criminal Court, indicating that any talk of steps to initiate a trial for President Al Bashir will not be acceptable at a time when organizations such as the Arab League and the African Union are talking of Sudan's efforts for reconciliation and development in Darfur and redressing the grievances of the past conflicts.

On the other hand, the AU Chairperson, Dr. Jean Ping said that the African Union is taking steps to send advocates to keep abreast of conditions in Sudan following the prosecutor general's charges of President Al Bashir."

ii. "VP Receives Sudanese Envoy," WOW, 7 August 2008, http://wow.gm/africa/gambia/banjul/article/2008/8/7/vp-receives-sudanese
-envoy

"The Sudanese minister of Parliamentary Affairs, Joseph Alkelo, flew into Banjul, yesterday, as a special envoy of President Al-Bashir to deliver a written message to President Alhaji Dr Yahya Jammeh, which was received on his behalf by the vice-president, Aja Dr Isatou Njie-Saidy at State House, Banjul.

The government of Sudan is seeking the support of The Gambia against the extradition request issued by the Hague-based International Criminal Court, ICC, against President Omar Al-Bashir for alleged war crimes committed in Sudan's war-torn region of Darfur. The extradition request was issued by the ICC's chief prosecutor, Luis Moreno-Ocampo, on July 14, 2008.

Speaking to journalists shortly after delivering the message to Dr Njie-Saidy, Mr Akelo said the content centred on the Darfur crisis which resulted to the ICC's request for the extradition of President Bashir.
To him, the allegations are 'false' prompting them to seek the support of The Gambia."

iii. "Uganda Refuses to Back Sudanese Leader," Rosebell Kagumire (IWPR),
7 August 2008, http://www.iwpr.net/?p=acr&s=f&o=346036&apc_state=henh

"Ugandan president Yoweri Museveni's backing for the indictment of his Sudanese counterpart Omar al-Bashir did not come as much of a surprise, but is nevertheless a major setback for the latter as he tries to rally support from fellow African leaders.

...Al-Bashir is left scrambling to win diplomatic backing wherever he can.

Uganda's positive reputation both within Africa and internationally mean that its view counts for a lot. But if al-Bashir thought Museveni would forgive and forget the long history of troubled relations between the two countries, he was mistaken.

'I do not condemn the International Criminal Court indictment against Sudanese president Omar Hassan al-Bashir,' President Museveni told journalists on August 2.
The Ugandan leader was speaking four days after cancelling a press conference that was supposed to follow his meeting with Egyptian president Hosni Mubarak, who has been urging African leaders to condemn the ICC's move."

iv. "RI Asks UN to Hold Moves on Bashir," The Jakarta Post, 7 August 2008, http://www.thejakartapost.com/news/2008/08/07/ri-asks-un-hold-moves-bash
ir.html

"Indonesia has joined the African Union and the Arab League in urging the UN Security Council to suspend the International Criminal Court
(ICC) investigation of the Sudanese President for alleged genocide and war crimes.

The court's charter allows for the council to suspend investigation or issuance of warrants for up to 12 months.

On Wednesday, Foreign Ministry spokesman Teuku Faizasyah said moves by the ICC to indict President Omar Hassan al-Bashir, and the request for an arrest warrant, would jeopardize the ongoing peace process in Sudan's conflict-torn region of Darfur."

v. "China Announces its' Readiness to Cooperate with Sudan" Sudan Vision, 12 August 2008,
http://www.sudanvisiondaily.com/modules.php?name=News&file=article&sid=3
7662

"China announced its readiness to cooperate with Sudan and the International Community to overcome ICC Prosecutor General's arrest warrant for President Al-Bashir. It also affirmed it support to AU and AL stances on the crisis. China called UNSC to deal seriously with the Arab/African stance to reach a final resolution."

III. SUDAN TO 'BATTLE' AT THE GA, BUT CONDEMS SG'S REMARKS ON THE INDEPENDENCE OF ICC AND SEEKS FOR SUPPORT IN LATIN AMERICA

i. "Sudan takes ICC battle to the UN general assembly," Sudan Tribune,
14 August 2008,
http://www.sudantribune.com/spip.php?article28284

" The Sudanese government intends to rally support at the United Nations
(UN) general assembly in its conflict with the International Criminal Court (ICC), Sudan Tribune has learned.

...Sudan will lobby the UN general assembly for a resolution in its 63rd session next September that would formally request an opinion by the International Court of Justice (ICJ) on the authority of the UN Security Council (UNSC) to refer cases to the ICC."

ii. "Sudan condemns remarks by UN Secretary General on ICC", Sudan Tribune, 14 August 2008,
http://www.sudantribune.com/spip.php?article28286

"The Sudanese government responded angrily to statements by the UN Secretary General Ban Ki-Moon in which he said that there should be no impunity for war crimes perpetrators in Darfur.

Ban said in an interview with the Egyptian daily Al-Ahram that the International Criminal Court (ICC) must be allowed to continue its investigations in Darfur.

Ali al-Sadig, Sudan's Foreign Ministry spokesman told the daily Al-Ahdath that "the UNSG should not have made such statements".

'It would have been better for the UNSG to hold back and not make remarks that are offensive to UN member states' he added.

Ban's statements came three weeks after the ICC's prosecutor announced that he is seeking an arrest warrant for the Sudanese president Omar Hassan Al-Bashir...."

iii. "Sudan seeks Latin America support against ICC," Sudan Tribune, 14 August 2008,
http://www.sudantribune.com/spip.php?article28285

"Ali Ahmed Karti, the state minister of foreign affairs, will begin tomorrow a tour to four Latin America states in a campaign to gain their support and counter the International Criminal Court Prosecutor move to arrest Sudanese president.

Karti stated in Khartoum today he will hand over messages from president Omer al-Bashir to his counterparts in Venezuela, Cuba, Brazil and Argentina.

He further said he will brief these presidents upon Sudan's rejection of the charges filed by Argentinean ICC prosecutor, Luis Moreno-Ocampo, against the Sudanese president.

Also he will review with them efforts exerted by the government to bring peace in the troubled region of Darfur and requested their support for the positions of Sudan in international and regional forums...."


IV. SUDAN PEOPLE'S LIBERATION MOVEMENT UNVEILS ROADMAP AND LEADER OF DUP REITERATES REJECT TO ICC

i. "Sudan's SPLM unveils roadmap to counter ICC move," Sudan Tribune, 14 August, 2008 http://www.sudantribune.com/spip.php?article28275

"A high ranking Sudan People's Liberation Movement official unveiled the content of a roadmap presented by his party to the National Congress Party to block the indictment of Sudanese president by the prosecutor of the International Criminal Court.

Speaking to the London based Asharq Al-Awsat, the official said the SPLM roadmap consists of two separated approaches judiciary and political.
From one hand the NCP partner calls to try inside the country people who are involved in Darfur crimes under international supervision and taking serious steps to negotiate a political solution with Darfur rebels."

ii. "SPLM official calls on Sudan to 'deal legally' with ICC," Sudan Tribune, 14 August 2008, http://www.sudantribune.com/spip.php?article28280

"The Sudanese government must use legal means to counter a move by the International Criminal Court (ICC) to arrest president Omar Hassan Al-Bashir, the southern ex-rebels said today.

'The government must utilize legal channels to deal with the ICC.
Protests and rhetoric will not help resolving this issue' the governor of Southern Blue Nile state Malik Agar told Sudan Tribune by phone.

Agar said that Sudan has a 'window of opportunity' to defuse the ICC row...."

iii. "Sudanese Party leader Interviewed on ICC Accusations Against Al-Bashir, Darfur" BBC Monitoring International Reports, 7 August 2008, link unavailable

"Text of report by Saudi-owned leading pan-Arab daily Al-Sharq al-Awsat website on 6 August

Muhammad Uthman al-Mirghani, leader of the Democratic Unionist Party, has reiterated the categorical refusal to send any Sudanese to courts outside Sudan and warned of the repercussions of the accusations by the International Criminal Court's [ICC] prosecutor in The Hague against President Umar al-Bashir because failure to contain them will lead to grave consequences at the Sudanese and regional levels.
...
[Al-Hasan] How do you view the implications of the ICC prosecutor's accusations against President Umar al-Bashir?

[Al-Mirghani] Our principled stand towards The Hague's criminal court which we announced before two years remains firm and it rejects bringing Sudanese citizens before courts outside Sudan. We therefore reiterate the rejection of the ICC and its accusations against Sudanese President Umar al-Bashir and warn of the anarchy and troubles it might cause in Sudan and the entire region if it persists with these accusations and pushes them to what is impermissible nationally, legally, and politically. The Security Council and the United Nations should freeze the ICC prosecutor's accusations because they might put the joint forces in Darfur Province in a very critical and embarrassing position. They also impede the efforts being made at present to reach a fair and comprehensive solution for achieving peace and stability in Darfur Province and putting an end to its people's suffering whose human pains have been going on for long..."


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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.

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