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Darfur: Sudan's Notification to the UN; Al-Bashir's trip to Turkey; Sudan Seeking Support in Other Regions; and related information

04 Sept 2008

Dear all,

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

In this digest you will find information on the Government of Sudan's notification to the United Nations in which the Minister of Foreign Affairs Mr. Alor Koul states his country does not intend 'to become party to the Rome Statute.' Sudan is a signatory to the Rome Statute (8 September 2000). This notification does not have any impact on the ongoing investigations of the International Criminal Court in that country.

Also find information on how the opposition has changed the position over the ICC; reactions to President Al-Bashir's trip to Turkey; information on the relationship between the United Nations and the government of Sudan; Sudan allegedly seeking support in other regions apart from Africa and Middle East; and finally, on the ongoing local investigations in Darfur.

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
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I. SUDAN NOTIFIES THE UNITED NATIONS

«Reference: C.N.612.2008.TREATIES-6 (Depositary Notification)

ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT
ROME, 17 JULY 1998
SUDAN: NOTIFICATION

The Secretary-General of the United Nations, acting in his capacity as depositary, communicates the following:

The above action was effected on 26 August 2008.
(Original: English)

"I, Deng Alor Koul, Minister for Foreign Affairs of the Republic of Sudan, hereby notify the
Secretary-General of the United Nations, as depositary of Rome Statute of the International Criminal Court that Sudan does not intend to become a party to the Rome Statute. Accordingly, Sudan has no legal obligation arising from its signature on 8 September 2000.

[Signature follows] "

NOTE: The Sudan's statement does not affect the jurisdiction of the ICC, nor Sudan's duty to cooperate with the Court in the Sudan investigation. The Sudan situation came under the Court's jurisdiction through a UN Security Council resolution, thereby creating a duty of all states, including Sudan, to cooperate with the Court on this situation. The state's status of signature or ratification of the Rome Statute is not relevant to that duty.


II. POLITICAL EXPRESSIONS OF SUPPORT TO AL-BASHIR

i. « Ocampo's Allegations Doubled President Al-Bashir Supporters, » Sudanese Media Center, 21 August 2008
http://english.smc.sd/enmain/entopic/?artID=14145

«.. Assistant to President Dr Nafei Ali Nafei addressed the rally at National Congress Party promises in Khartoum.. «He said we would move forward and I am sure that president Al-Bashir would win the election because his supporters have doubled since [Moreno] Ocampo declared his allegations. »

ii. « Rumblings of Dissent on Bashir Indictment, » Institute for War and Peace Reporting, 29 August 2008
http://www.iwpr.net/?p=acr&s=f&o=346480&apc_state=henh

« Seven weeks after the prosecutor of the International Criminal Court, ICC, asked judges to indict Sudanese president Omar al-Bashir for genocide and crimes against humanity, some domestic voices are now being heard that replace the initial expressions of support with calls for him to step down.

The first political leader to say so publicly was Ibrahim al-Shaikh, who is head of the small Sudanese Congress Party. Speaking at his party headquarters in Omdurman about how the country should deal with a possible indictment, al-Shaikh said there was ample evidence of the president's involvement in crimes committed in Darfur.

'We cannot believe that the planes bombing civilians in Darfur can do that without his permission and approval,' said al-Shaikh.

... According to al-Shaikh, 'It is clear to everyone that our judicial system is not willing to or capable of trying those who committed crimes, because of the lack of capacity of our lawyers and judges, which results from their lack of independence.'

He called on the president to resign, adding, ' If he thinks he is innocent, he should agree to stand trial, because that is the only way to end the crisis facing the country. '

In the days before the prosecutor's announcement, al-Bashir's ruling National Congress Party, NCP, made every effort to show the world that the whole country was behind its leader, rallying support from all the political parties represented in parliament as well as internationally, from regional organisations like the Arab League and the African Union.

Commentators outside Sudan were taken aback as opposition parties scrambled to support al-Bashir and the NCP, but few within the country were surprised.. »

iii. "SPLM official calls on Sudan to "deal legally" with ICC," Sudan Tribune, 15 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. AL-BASHIR'S TRIP TO TURKEY AND NGO REACTION

i. "Sudan's president says ready to go to war," International Herald Tribune, 20 August 2008
http://www.iht.com/articles/ap/2008/08/20/africa/ME-Sudan-President.php

"Sudan's President Omar al-Bashir has told a pan-Arab TV network he would go to war and ask Darfur peacekeepers to leave if the International Criminal Court formally indicts him and seeks his arrest.

[.] Al-Bashir said he will resist pressure to hand over any Sudanese suspects to the court. He said, 'We are ready to go through war with the great power to protect the Sudanese citizen.'

Al-Bashir said his government would ask international peacekeepers to leave if a warrant is issued."

ii. "Sudanese diplomat brushes off 'ridiculous' ICC as Bashir attends summit in Turkey," Agence France Presse (via Dialy Star Lebanon), 20 August 2008
http://www.dailystar.com.lb/article.asp?edition_id=10&categ_id=2&article_id=95173

"A top Sudanese diplomat said on Tuesday his country would continue to defy the International Criminal Court (ICC) as President Omar al-Bashir, named as a possible war crimes suspect in Darfur, attended a summit of African leaders in Turkey.

'The president can go everywhere and we are not afraid of anything ... This ICC is ridiculous,' Abdel-Mahmoud Abd al-Halim, Sudanese ambassador to the United Nations, told reporters as the summit began in a historic Ottoman palace on the shores of the Bosphorus Strait.

Asked how Sudan will act if the court abides by the prosecutor's demand, Halim said: 'We will not show any respect to it. We will just ignore it and disregard it.'."

iii. "Turkey: Support Justice in Darfur," Human Rights Watch Press release
15 August 2008, http://www.hrw.org/english/docs/2008/08/15/sudan19629.htm

"The Turkish government should reject efforts by Sudan's President Omar al-Bashir to secure a suspension of the International Criminal Court's investigation against him, Human Rights Watch said in a letter today. Turkey should also convey a clear message that Khartoum must not respond to the investigation with retaliation against civilians, peacekeepers, or humanitarian workers. [.]

Human Rights Watch said that the Turkish government should reject any calls for a suspension of the ICC's investigation in Darfur, as such a suspension is unjustified and has dangerous implications for the situation in Darfur and international justice as a whole.

'The Sudanese government remains responsible for massive atrocities in Darfur,' said Georgette Gagnon, Africa director at Human Rights Watch. 'To suspend the ICC investigation in response to Khartoum's outrageous threats and empty promises would be to betray the victims in Darfur.'

There has been no improvement in the situation on the ground in Darfur, nor in the behavior of the Sudanese government, that would in any way justify such a suspension at this time. To suspend the investigation in response to threats from the Sudanese government would be entirely inappropriate and could set a dangerous precedent. It indicates that those responsible for international crimes can use threats to secure the Security Council's assistance in ensuring their impunity. "

IV. UNITED NATIONS AND SUDAN

i. "Sudan warns UN chief over ICC," BBC Monitoring Middle East - Political, 18 August 2008 [link not available]

"The Sudanese government warned the UN Secretary General Ban Ki-Moon from making statements in support of the International Criminal Court (ICC).

'Khartoum also lashed out at the head of the UN mission in Sudan (UNMIS), Ashraf Qadi for describing the special courts formed to try those alleged to have been involved in a May's attack on the capital as unconstitutional.' ."

ii. "Sudan Denies Threatening UN Staff over ICC Arrest Warrants," Voice of America, 19 August 2008
http://www.voanews.com/english/Africa/2008-08-19-voa1.cfm

"President Omar Hassan al-Bashir government is denying threatening United Nations staff and facilities in the country over a possible International Criminal Court (ICC) arrest warrant against him for war crimes in Sudan's Darfur region." [.]

'It an alleged threat and it is not true. The government of Sudan is a serious government and it is totally committed to its obligations, especially when it comes to agreement signed with other organizations and especially the United Nations and the African Union. I'm not aware of any threat that has been towards to the United Nations regarding their very existence in the Sudan if the ICC has and the judges have confirmed the indictment of the president,' Saddick noted."

iii. "President Warns to Ask Exit of UNAMID if ICC Issues Arrest Warrant," Sudanese Media Center, 19 August 2008
http://english.smc.sd/enmain/entopic/?artID=14146

"President Omar Hassan Al-Bashir arrived back home yesterday from Istanbul after participating in Turkey- African summit. The president held sideline press conference in Istanbul stating that he would go for war if that is necessary to protect sovereignty of the state. Moreover, he said he would ask exit of UNAMID if ICC issued an arrest warrant against him..."

V. SUDAN SEEKS DIPLOMATIC SUPPORT IN OTHER REGIONS

i. "Sudan seeks Latin America support against ICC," Sudan Tribune, 15 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."

ii. "Sudan: Cuba slams ICC's move against President Al-Bashir," BBC Monitoring Middle East, 18 August 2008 [link not available]

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

"Cuban Vice-President Carlos Davila said Cuba rejects the movements by the International Criminal Court (ICC) against the Sudan and its leadership. This came when the Cuban Vice-President received the Presidential Envoy and State Minister at the Ministry of Foreign Affairs, Ali Karti.

In this regard, Davila expressed solidarity of his country with Sudan, lauding the efforts being exerted by the Sudanese government with regard to boosting peace in Sudan. He further criticized the adoption of double standards in dealing with the developing countries, affirming support of the Non-Aligned Movement to the Sudan and its just causes."

iii. "Indonesia Demands UNSC Halts ICC Procedures on Sudan," Sudanese Media Center, 18 August 2008
http://english.smc.sd/enmain/entopic/?artID=14060

"Indonesia joins counties opposing International Criminal Court (ICC) prosecutor general Luis Ocmapo''s allegations against president Omar Hassan Al Bashir. It demands UNSC interference to stop ICC investigations against Bashir on allegation of Darfur crisis.

Indonesian ministry of affairs spokesman Takido Takio said ICC procedures would foil peace process in Sudan."

iv. "Sudan president tells African leaders ICC will be used against them," Sudan Tribune, 20 August 2008
http://www.sudantribune.com/spip.php?article28337

"Sudanese president has urged African leaders to support his steadfast stand against the international criminal court describing it as a tool used by colonial powers to re-colonize the black continent.

Omer Hassan Al-Bashir was speaking at the opening session of the two-day Turkey-Africa Cooperation Summit in his first visit abroad since his indictment by the ICC prosecutor for genocide, crimes against humanity and war crimes.

Al-Bashir warned on Tuesday African leaders that they should support him against the ICC charges because this plot orchestrated by colonial powers will 'hit undoubtedly the African and other third world countries only,' He said."

VI. DARFUR SPECIAL PROSECUTOR TO BEGIN INVESTIGATIONS

i. «Darfur Prosecutor General Start Investigation on Crimes Next Week, » Sudanese Media Center, 19 August 2008
http://english.smc.sd/enmain/entopic/?artID=14093

«The newly appointed prosecutor general for Darfur Nimir Ibrahim Mohammed Said he would start review reported cases of crimes committed in Darfur as from next week. »

ii. "Darfur Prosecutor to Arrive back Kahrtoum," Sudanese Media Center, 28 August 2008
http://english.smc.sd/enmain/entopic/?artID=14238

"It reportedly that Darfur prosecutor General Nimir Ibrahim would arrive Khartoum Sunday from Ginana capital of western Darfur after they have started investigations on crimes alleged committed in the region. It reported that the prosecutor plans to return Khartoum to complete technical and legal aspects of investigation process before he leaves again to Darfur."

iii."Sudan express reservations on the Arab League's ICC plan," Sudan tribune
18 August 2008
http://www.sudantribune.com/spip.php?article28318

"The Sudanese government for the first time unveiled disagreements with the Arab League on a plan it formulated to counter a move by the International Criminal Court (ICC) to indict Sudan president.

[.]Sudan has been looking into ways that would allow it to avoid confrontation with the international community over the ICC. The Arab League Secretary General Amr Moussa carried a number of proposals to Al-Bashir last month which included conducting internal trials for Darfur war crimes suspects.

But the Sudanese presidential adviser Mustafa Ismail was quoted by the daily Al-Hayat newspaper as telling reporters in Cairo after meeting with Moussa 'that there are some parts of the plan that need more discussions'. Ismail also insisted that the Sudanese judiciary is capable of looking into the Darfur war crimes and noted the recent appointment of a special prosecutor for Darfur by Sudan's justice minister.

[.] Sudan's appointment of a special prosecutor was seen as concession that would provide leverage to the Arab League and African Union (AU) when requesting a resolution from the UN Security Council (UNSC) deferring Al-Bashir's indictment under Article 16 of the ICC Statute.

But some political figures cautioned that establishing special courts at this time may be belated..."

iv. "Government Agrees to AU/ UN Observation to Darfur Trials," Sudan Vision, 25 August 2008
http://www.sudanvisiondaily.com/modules.php?name=News&file=article&sid=38147

"Sudan Government has agreed to the suggestion of Arab League Secretary General Dr. Amro Musa which recommends that AU and UN monitor Darfur trials. Sudan ambassador in Cairo Abdelmoniem Mabrook revealed that Sudan agrees to AU/ UN observation to Darfur trials.

He stated that Sudanese Minister of Justice has appointed general prosecutor for Darfur crime which is an implementation of Arab Foreign ministers suggestion. He stressed that Sudanese judicial procedures have no link with the decision of ICC general prosecutor. He added that Sudan is under international piracy which aims to take its resources and potentialities."


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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 indepe dent 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