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Darfur: Possibility of Art.16 Deferral of ICC's Investigation in Darfur, Debate at the 63rd UNGA and Related Deliberations by the UN Security Council

22 Sept 2008

Dear all,

Please find below the first of a two-part message regarding the possibility of an Article 16 deferral of the ICC's investigation in Darfur, Sudan. This message reflects current debate at the Sixty-Third UN General Assembly General Debate and related deliberations by the UN Security Council.

Article 16 of the Rome Statute states that "no investigation or prosecution may be commenced or proceeded with" by the ICC for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the Court to that effect. The later request may be renewed by the Council under the same conditions.

In this digest you will find information from different countries positions, as reflected by the international press.

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
[email protected]
*******************

I. SUDAN

i. "Sudan calls on UNSC to void possible arrest warrant for Al-Bashir,"
Sudan Tribune, 25 August 2008,
http://www.sudantribune.com/spip.php?article28386

"The Sudanese government said it will ask the UN Security Council (UNSC) to nullify the application by the prosecutor of the International Criminal Court (ICC) requesting an arrest warrant for Al-Bashir.

Sudan's envoy to the UN Abdel-Haleem Abdel-Mahmood also told Sudan official news agency (SUNA) that Khartoum wants an 'official apology but to the people and the leadership [of Sudan]'.

..... The Sudanese diplomat said that Africa, Islamic world, Arabs, Non-Aligned Movement (NAM) and other regional organizations are strongly behind Khartoum.

.... 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. "INTERVIEW: Sudan FM expresses frustration with the ruling NCP over Darfur crisis," 8 September 2008,
http://www.sudantribune.com/spip.php?article28537

"The Sudanese foreign minister Deng Alor directed strong criticism at the ruling National Congress Party (NCP) and accused them of being unserious about resolving the Darfur crisis.

..... The Sudanese foreign minister also vigorously downplayed a Chinese intervention to stop the ICC work saying that Beijing as part of the UN Security Council (UNSC) mandated the ICC prosecutor to investigate in Darfur.

...... - Excuse me, Mr. Alor, but this still does not repeal obligations for the suspects to appear in court one the deferral period is over?

Alor: If we can get a deferral and reach a peace agreement in Darfur, it will enable us to achieve national reconciliation, which will have a positive impact on the working of the ICC. Summoning suspects by the ICC is the final stage, and before that there are lawyers who can drag this issue for two or three more years. This period provide an opportunity for solving the fundamental problem which is Darfur that led to repercussions including the ICC.

On the other hand, if you have not solved the Darfur problem and refused to deal with the ICC, it only means you want to enter into a confrontation with the international community.

- Your position on this matter is the same as the AU proposal to postpone the court's work for a year or more pending solving the problem?

Alor: The AU position also calls on the government to deal with the ICC....

- How do you assess the positions within the UN Security Council (UNSC) and the influential countries within it the crisis regarding the ICC?
Are there positive attitudes in favor of Sudan?

Alor: What I would say that the UNSC has the authority to intervene to stop the decision of the ICC judges and at the same time stop its implementation if passed, but the best for us to is for the UNSC to interfere now and prevent the issuance of arrest warrant for the president, but for the UNSC to do that, there are things required of us.

- What these things?

Alor: First deal with the ICC and proceed seriously to solve the Darfur problem. If we do this we can ask our friends to move to compel the UNSC to suspend the ICC work and stop the issuance of a decision. But unfortunately we only have one month remaining and so far we in the SPLM do not see any seriousness by the NCP to move on these tracks in order to avoid the problem...."

iii. "Sudan to send top team to UN General Assembly," AP, 15 September 2008, http://www.pr-inside.com/sudan-to-send-top-team-to-r807135.htm

"Sudan's president facing genocide charges for the conflict in Darfur is dispatching a beefed-up delegation to the U.N. General Assembly later this month.

The official SUNA news agency says the Sudanese team to the U.N. meeting in New York will be headed by Ali Osman Taha...."

II. REGIONAL/INTERNATIONAL ORGANIZATIONS

A. AFRICAN UNION

i. "AU to discuss efforts to defer ICC indictment of Sudan's President," Sudan Tribune, 6 September 2008,
http://www.sudantribune.com/spip.php?article28525

"The African Union Peace and Security Council will hold a meeting in New York at the end of this month to discuss efforts to counter the indictment of Sudanese President Omer Hassan Al-Bashir by the prosecutor of the International Criminal Court (ICC).

Foreign minister Deng Alor will lead Sudan's delegation to the meeting of the Peace and Security Council of the African Union (AU) in New York on the sideline of the General Assembly later this month.

During the meeting, which is scheduled to be held on September 22, the Sudanese foreign minister is expected to expose the position of his government from the accusation filed by the ICC prosecutor against Bashir.

.... The AU also asked the UN Security Council to invoke article 16 of Rome Statue and suspend any indictment of the Sudanese president but it failed to include it in the resolution 1828 related to the extension of the UNAMID mandate.

To gain an agreement within the UNSC, Sudan's allies China and Russia must ensure that US, UK and France will not use the veto power to block a resolution on suspension.

Britain and France say opposed to the deferral but promise to do so, if Sudan cooperates with the ICC in the first case of Haroun and Koushaiyb, acts seriously to settle politically Darfur conflict, cooperate with the UNAMID and implement the CPA...."

ii. "AU chairman backs Sudan's Bashir over court," Reuters, 8 September 2008,
http://uk.reuters.com/article/worldNews/idUKL810182420080908

"The chairman of the African Union affirmed support for deferring any war crimes indictment against Sudanese President Omar Hassan al-Bashir during a visit to Khartoum on Monday.

... Both the African Union and Arab League have already said they want any indictment put on hold, saying it could obstruct efforts to bring peace to Darfur, where international experts say at least 200,000 people have died as a result of conflict since 2003.

But Kikwete's statement on Monday was one of the most high profile gestures of support to date for the Sudanese president in his efforts to postpone the global court's action.

Kikwete praised the Sudanese government during the press conference at Khartoum's Republican Palace, saying he was impressed by its commitment to protect aid convoys in Darfur, further peace talks with the rebels and accelerate the deployment of international peacekeepers.

His comments came as Sudan stepped up diplomatic efforts to woo members of the United Nations Security Council which has the power to order a recurring one year postponement of a prosecution or investigation by the ICC.

State media on Monday reported that Sudan's Ministry of Foreign Affairs was focusing on building bridges with China, Russia and other African and Asian members of the Security Council to win support for the 'Article 16' postponement

Both Russia and China have signalled support for suspending the process, although neither has been willing to take the lead on the issue in the Security Council.

So far the three other permanent members of the Security Council -- France, Britain and the United States -- have remained tight-lipped on whether they would use their veto power to block a suspension...."

iii. "AU Calls on UN to Defer Accusation against Bashir," Tripoli Post,
14 September 2008,
http://tripolipost.com/articledetail.asp?c=1&i=2355

"The African Union will ask the United Nations to defer any proceedings for alleged Darfur war crimes against Sudanese President Omar al-Beshir, its chairman said in Khartoum on Monday.

Tanzanian President Jakaya Kikwete, who holds the rotating chair of the AU, met with Beshir amid rising tensions over the possibility of charges being brought by The Hague-based International Criminal Court (ICC).

....The 15-member UN Security Council has the option of deferring for one year, renewable, any investigation or prosecution by the ICC.

'President Kikwete is on his way to (UN headquarters in) New York soon, and we believe that he is going to meet the dignitaries of the world,'
said Beshir, speaking in Arabic. 'We are hopeful ... that he will support Sudan....."

B. ORGANIZATION OF ISLAMIC CONFERENCE

i. "OIC chief slams ICC Sudan hypocrisy," Iran Press TV, 20 August 2008,
http://www.presstv.ir/detail.aspx?id=67048&sectionid=351020204

"The OIC Secretary General Ekmeleddin Ihsanoglu has criticized the ICC for filing war crimes charges against Sudan's President al-Bashir.

.... The Organization of Islamic Conference (OIC), the African Union
(AU) and several countries including China, Russia and Iran have warned that indicting al-Bashir could further complicate efforts to achieve peace in Darfur.

Sudan's Ambassador to the United Nations, Abdalmahmood Abdalhaleem, who also attended the conference, accused ICC prosecutor Luis Moreno-Ocampo of double standards in bringing charges against President al-Bashir..."

ii. "Group urges caution in dealing with Sudan's leader," IHT, 22 September 2008, http://www.iht.com/articles/ap/2008/09/22/news/UN-UN-General-Assembly-Su
dan.php

"The head of an organization of Islamic nations on Monday urged the international community to proceed with caution in seeking to arrest Sudan's president on genocide charges.

The International Criminal Court issued an arrest warrant for President Omar al-Bashir in July on charges he is behind attempts to wipe out three African tribes in Sudan's western Darfur province. The Arab League and African Union have already sought a United Nations resolution to suspend the International Criminal Court's indictment against al-Bashir.

Speaking a press conference at the U.N. General Assembly, Secretary General of the Organization of the Islamic Conference, Ekmeleddin Ihsanoglu, appeared to support their stance, warning it was important that the international community did not 'head to a point we cannot retreat from'......"

C. ARAB PARLIAMENT

"Arab Parliament Reiterates its Absolute Rejection to ICC Prosecutor's Memo," Sudan on Line, 16 September 2008, http://www.sol-sd.com/news/117/ARTICLE/3321/2008-09-16.html

"The Interim Arab Parliament has reiterated its absolute rejection to the allegations of the prosecutor of the International Criminal Court
(ICC) against the President of the Republic Field Marshal Omer Al-Bashir, calling on the Arab and Islamic countries in the United Nations to call on Security Council to cancel the ICC memo against the President of the Republic...."

III. INDIVIDUAL COUNTRIES

A. ALGERIA

i. "Algeria: Sudan may ask UN to delay Beshir war crimes probe," AFP, 17 September 2008, http://afp.google.com/article/ALeqM5gdIRFU2YVLHyHGhD-uWVyHcZg9Yg

"Algeria and Sudan may ask the UN Security Council to delay war crimes proceedings against Sudanese President Omar al-Beshir, Algeria's foreign minister said Wednesday in a radio interview.

Foreign Minister Mourad Medelci told national radio that Sudan and Algeria had been consulting for months on the 'very unfortunate' war crimes charges sought by the chief prosecutor of the International Criminal Court (ICC) in July.

After meeting Tuesday with a Sudanese delegation, Medelci said in the interview broadcast Wednesday that discussions between the two countries covered the option of asking the 15-member Security Council to freeze the proceedings...."

ii. "Algiers denies it would ask UN to delay Sudan war crimes probe,"
AFP, 18 September 2008,
http://afp.google.com/article/ALeqM5hQqLT-QqXN_7scSYnQjeKt291UOQ

"Algeria on Thursday denied reports it and Khartoum may ask the United Nations to suspend war crimes proceedings against Sudan's leader, instead saying the African Union was mulling such a move.

Remarks by Algerian Foreign Minister Mourad Medelci on national radio Wednesday in no way suggested 'that Algeria would seize the UN Security Council' on the matter, foreign ministry spokesman Mehdi Nedjib told AFP.

'Besides, neither Algeria nor Sudan are even members of the council,' he added..."

B. BURKINA FASO

"Sudan-ICC Issue Not on Security Council's Agenda for September," UN Dispatch,
4 September 2008,
http://www.undispatch.com/archives/2008/09/sudan-icc_issue.php

"At the end of July, when the Darfur peacekeeping force's mandate was renewed, a small group of Security Council countries -- led by Libya and South Africa, and supported by Russia, China, and others -- pushed for including in the Council's resolution a suspension of ICC proceedings against Sudanese president Omar Hassan al-Bashir. Their effort -- which would have required the invocation of the Article 16 provision of the ICC's founding statute allowing the Security Council to postpone ICC operations for up to 12 months (though the applicability of Article 16 to this case is debatable) -- fell short, resulting in watered-down language simply 'taking note' of the African Union's concern with the ICC's decision.

... 'This issue was not raised by any delegation. No delegation raised that for the time being at least' Michel Kafando UN Representative of Burkina Faso told reporters in New York today.

It seems odd that no delegation would even propose discussing the possibility of invoking Article 16, particularly given the pressure that Sudan has put on its potential allies in the Council, but I see at least three possible explanations behind this story...."

C. CHINA

i. "China Confers with UNSC Members to Defuse ICC Crisis," Sudan Vision,
1 September 2008,
http://www.sudanvisiondaily.com/modules.php?name=News&file=article&sid=3
8433

"President Al Bashir praised the position of the Chinese government that supports Sudan in all the international arenas. Al Bashir, who yesterday received a message from the Chinese President Hu Jintau, submitted by the envoy of the Chinese President Hu Jintau, stated that Sudanese-Chinese are progressing well.

Guijin, who is currently visiting the country, affirmed that China considered the application of the ICC prosecutor general regarding President Al Bashir as impeding progress of peace in Sudan, particularly in Darfur, stressing that the principle objective of his country is to establish peace in Sudan....

He further reiterated that his country is presently discussing with members of the Security Council means of surmounting the stalemate with the International Criminal Court..."

ii. "Chinese president backs efforts to overcome ICC move against Sudan's Bashir,"
Sudan Tribune, 1 September 2008,
http://www.sudantribune.com/spip.php?article28468

"Chinese President Hu Jintao has stressed his country's support to Sudan to overcome International Criminal Court (ICC) move against the Sudanese president through political and diplomatic efforts

... Human rights groups frequently accused China of supplying arms to Sudan for use in Darfur, in breach of a UN arms embargo and produced photographs of Chinese weapons in Darfur. Beijing also criticized for its diplomatic support to prevent international sanctions on Khartoum.

However, it didn't oppose the UN Security Council decision to refer Darfur crimes to the International Criminal Court. But it supports the African Union effort to suspend the prosecution of the Sudanese president.

For his part, the President Bashir expressed his appreciation to China's position and the role it has been playing with various parties and within the U.N. Security Council and General Assembly to address the issue of Darfur and overcome the negative effects..."

iii. "Sudanese media hail expected China 'veto' to block Bashir arrest warrant," Sudan Tribune, 2 September 2008, http://www.sudantribune.com/spip.php?article28480

"The Sudanese media appeared poised for a Chinese veto in the UN Security Council (UNSC) to block a possible arrest warrant by the International Criminal Court (ICC) for president Omer Hassan Al-Bashir.

The headline news of the Al-Rae'd daily newspaper, issued by the ruling National Congress Party (NCP), came under 'Chinese veto awaits Ocampo'.

The pro-government daily Al-Rayaam used a similar headline 'China does not rule out using veto to deflect Ocampo's allegations'.

.... But the Chinese envoy denied to reporters any intention to use the veto 'at this stage' when an arrest warrant has not been issued yet. He also said that Beijing believes that there are 'criminal issues [in Darfur] that require resolution'.

It is not clear what veto Jun Zhai Jun was referring to. Under Article
16 of the ICC Statute the UNSC only has the power to suspend ICC prosecutions through a chapter VII resolution.

But any such resolution introduced appears to have little chances of surviving a vote in the UNSC particularly with the veto wielding members such as US, UK and France opposing it..."

iv. "China To Sudan: Don't Expect A Veto In Al-Bashir-ICC Affair," The Memri Blog as originally printed in Al-Hayat of London, 3 September 2008, http://www.thememriblog.org/blog_personal/en/9597.htm

"Chinese Special Envoy to Sudan and Assistant Foreign Minister Zhai Jun has said that Sudan must not expect a Chinese veto in the U.N. Security Council in the matter of the International Criminal Court (ICC) prosecution of Sudanese President Omar Al-Bashir, and advised the Sudanese government to cooperate with the ICC..."

D. FRANCE

i. "French official offers Sudan a deal to settle ICC row," Sudan Tribune, 5 September 2008,
http://www.sudantribune.com/spip.php?article28511

"The French government presented to Sudan a plan that may lead to blocking investigations by the International Criminal Court (ICC), according to a news report.

The daily Al-Hayat newspaper published in London said that the French Presidential Advisor for African Affairs Bruno Joubert promised to support a deferral of ICC prosecutions through a UN Security Council
(UNSC) resolution.

In return for that Sudan would prosecute two suspects wanted by the ICC including Ahmed Haroun, state minister for humanitarian affairs and militia commander Ali Mohamed Ali Abdel-Rahman, also know as Ali Kushayb.

.... The French diplomat further stressed that the 'judicial process should go on' and suggested his country's opposition to invoking article
16 of the ICC Statute to suspend Al-Bashir's indictment...."

ii. "Britain & France will support freezing indictment of Sudan president," 14 September 2008,
http://www.sudantribune.com/spip.php?article28618

'The British and French government will back efforts in the UN to stall the issuance of an arrest warrant for Sudan president Omer Hassan Al-Bashir, the Guardian reported today.

The newspaper said that officials from both capitals informed human rights activists that they have taken this stance to protect the peace process in Darfur and Southern Sudan.

The human right advocates said that Britain and France will join the Arab League, African Union, China, and Russia in backing a resolution by the UN General Assembly this month requesting a deferral of the charges against Al-Bashir.

Both UK & France are members of the Hague based court and have been the main advocates of referring the Darfur case to the ICC.

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

Libya and South Africa sought to force a suspension in the UNAMID extension resolution last July but failed to get the required number of votes and instead accepted a watered down paragraph taking note of the AU concern on the ICC move to seek an arrest warrant for Al-Bashir..."

iii. "France might be open to deal on Sudan's Bashir," Reuters, 17 September 2008, http://www.alertnet.org/thenews/newsdesk/N17271926.htm

"France suggested on Wednesday it could support suspending an international indictment of Sudan's president for war crimes if Khartoum met several conditions including ending the killings in Darfur.

.... The African Union, Arab League and other alliances have urged the U.N. Security Council to use its powers under Article 16 of the ICC statute to block any proceedings against Bashir to avoid shattering the fragile peace process in Darfur.

... France's U.N. Ambassador Jean-Maurice Ripert told reporters that Paris might be open to the idea of freezing any ICC action against Bashir provided specific conditions were met..."

iv. "France says Sudan's cooperation with ICC a condition to defer Bashir Indictment," Sudan Tribune, 18 September 2008, http://www.sudantribune.com/spip.php?article28660

"The French government today called on Sudan to cooperate with the International Criminal Court (ICC) for it to consider suspending the indictment of Sudanese president Omer Hassan Al-Bashir...."

v. "France might be open to deal on Sudan's Bashir," Reuters, 18 September 2008, http://africa.reuters.com/top/news/usnBAN824794.html

"France suggested on Wednesday it could support suspending an international indictment of Sudan's president for war crimes if Khartoum met several conditions including ending the killings in Darfur.

.... The African Union, Arab League and other alliances have urged the U.N. Security Council to use its powers under Article 16 of the ICC statute to block any proceedings against Bashir to avoid shattering the fragile peace process in Darfur.

Although the ICC judges are not expected to make a decision before October or November, officials from some Western governments have been saying privately that issuing a warrant for Bashir's arrest might do more harm than good.

France's U.N. Ambassador Jean-Maurice Ripert told reporters that Paris might be open to the idea of freezing any ICC action against Bashir provided specific conditions were met...."

vi. "Paris marchande l'inculpation d'Omar Al-Bachir," Le Monde, 19 September 2008, http://www.lemonde.fr/afrique/article/2008/09/19/paris-marchande-l-incul
pation-d-omar-al-bachir_1096980_3212.html#ens_id=1067666

The article reports France and UK said they would back the call for the suspension of proceedings against Bashir if Sudan cooperates for the UNAMID deployment, negotiates with rebels and ceases fighting, improve relation with Chad and prosecute Kushayb and Harun. According to some diplomats, without Paris and London support, a resolution on Art 16 which could be invoked by South Africa, has no chance of being adopted.

E. SOUTH AFRICA

i. "South Africa will request deferral of ICC move against Sudan's Bashir," Sudan Tribune, 30 August 2008,
http://www.sudantribune.com/spip.php?article28453

"South Africa government reiterated its opposition for the prosecution of the Sudanese president by the International Criminal Court, saying it will harm peace process in the country.

Essop Pahad, a minister in the South African presidency, on Friday told the reporters in Pretoria that 'Prosecution may not be in the interest of parties.'

'We decided to request the United Nations to invoke article 16 of the Statute of the International Criminal Court to defer the indictment of the president,' said Pahad at an international relations, peace and security cluster briefing.

However he did not elaborate on whether South Africa, a member of the UN Security Council (UNSC), will introduce a formal resolution on the issue.

Previous attempts by South African and Libya in the UNSC have failed fue to opposition by Western countries...."

ii. "AU wants Al-Bashir warrant suspended: Mbeki," SABC News, 17 September 2008, http://www.sabcnews.com/africa/north_africa/0,2172,176959,00.html

"President Thabo Mbeki says while the African Union (AU) has no control over the decision of the International Criminal Court (ICC) Chief Prosecutor to put on trial Sudan's President Omar Al-Bashir for war crimes, the AU wants Al-Bashir's warrant of arrest suspended. Mbeki has warned that prosecution of Al-Bashir, who is facing charges of war crimes and genocide in Darfur, will undermine ongoing efforts to arrive at a peaceful resolution to the conflict.

F. SYRIA

"Syria's Al-Asad's summit speech touches on peace, Iran, Iraq, Georgia, Darfur,"
BBC Monitoring Middle East, 4 September 2008 (link unavailable).

Text of a nine-minute speech by Syrian President Bashar al-Asad at the four-way summit in Damascus, broadcast live by Syrian TV on 4 September

".....The last point on which I will elaborate a little bit is the Darfur issue. This issue is no less important than the Iraqi issue. If Sudan is partitioned, it will result, like Iraq, in full partitioning of the region, which we term the domino effect. We had contacts with the Libyans, the Algerians, the African Union secretary general, and the Arab League secretary general and, briefly, we reached several points that might be the beginning of a real resolution of the Darfur issue.
First, trying to postpone the issue of the International Criminal Court for a period of one year through the UN Security Council, based on UNSC Resolution 1593..."

G. TANZANIA

"Tanzania pushes for deferral of Sudan president indictment, "Sudan Tribune, 9 September 2008, http://www.sudantribune.com/spip.php?article28560

"The Tanzanian President Jakaya Kikwete, who holds the rotating chair of the African Union (AU) announced that the regional organization will seek the suspension of a possible arrest warrant against the Sudanese president Omer Hassan Al-Bashir.

Kikwete said he will raise the issue during the UN general assembly meeting in New York next week.

..... Under Article 16 of the ICC Statute the UNSC only has the power to suspend ICC prosecutions through a chapter VII resolution.

But any such resolution introduced appears to have little chances of surviving a vote in the UNSC particularly with the veto wielding members such as US, UK and France opposing it.

Sudan's allies in the UNSC like China, Russia, South African and Libya have not tabled a formal resolution after a failed attempt in July.

Michel Kafando UN Representative of Burkina Faso told reporters in New York earlier this month that as council president for September he has received no request from any of its members to take up the issue.

But the Tanzanian president appeared hopeful that a resolution can be tabled soon.'The AU is pursuing the implementation of that matter within the United Nations system' he said....."

H. UGANDA

"Ugandan rebel chief negotiator wants Beshir's ICC indictment suspended," Sudan Tribune, 22 August 2008,
http://www.sudantribune.com/spip.php?article28361

"The Ugandan rebels of the Lord's Resistance Army (LRA) chief negotiator in the stalled Southern Sudan's mediated Juba peace process, David Nyekorach Matsanga, on Wednesday said President al-Beshir of Sudan's indictment by the International Criminal Court (ICC) is an obstacle to peace in the Sudan.

Speaking to journalists at Juba International Airport shortly before his plane took off to Nairobi, Kenya, Matsanga said Beshir's indictment by ICC is an obstacle to peace in Darfur as in the same way LRA's leader Joseph Kony's indictment and warrant of arrest by the same court is an obstacle to peace in northern Uganda.

... Matsanga called for suspension of the ICC's indictments to both President al-Beshir and Joseph Kony to give peace a chance...."

I. UNITED KINGDOM

i. "Britain blocks prosecution of Sudan's ruler," Guardian UK, 14 September 2008, http://www.guardian.co.uk/world/2008/sep/14/sudan.humanrights

"Human rights activists yesterday accused the government of a 'shocking abdication' of its commitment to justice after it emerged that Britain is backing moves by Libya, the Arab League and several African countries to halt the indictment of Bashir by the International Criminal Court
(ICC) in The Hague.

But the government says it has adopted the controversial position to save lives in the western Sudan province where the United Nations estimates that 200,000 people have died and 2.5 million others have been driven from their homes since 2003.

..... In a last-ditch attempt to prevent ICC judges from issuing an arrest warrant for Bashir in the next few weeks, Bashir's supporters - the Arab League, the African Union, China and Russia - will use the UN General Assembly, beginning on 23 September, to ask the UN Security Council to block the prosecution. They are supported by two countries which were instrumental in instigating the ICC investigation - permanent Security Council members Britain and France.

Britain and France say privately that the lines of communication with Khartoum are nearing total breakdown. The Sudanese authorities are blocking the work of the 11,000-strong Unamid peacekeeping force and have not handed over two other ICC suspects - government minister Ahmad Harun and militia chief Ali Kushayb - for whom arrest warrants were issued last year.

Foreign Office Minister for Africa Mark Malloch Brown and his French counterpart, Bruno Joubert, are understood to have both travelled to Khartoum recently to suggest a deal under which Bashir could be let off the hook. It would require Khartoum handing over Harun and Kushayb, committing to the peace process in Darfur and southern Sudan, and allowing Unamid to fully deploy..."

ii. "British official denies plans to freeze ICC indictment of Sudan's Bashir," Sudan Tribune, 18 September 2008,
http://www.sudantribune.com/spip.php?article28664

"The United Kingdom has no plans of supporting a suspension of the International Criminal Court (ICC) indictment against Al-Bashir, a senior British official said today.

Last week the Guardian newspaper published a report saying that the British and French governments will back efforts in the UN to stall the issuance of an arrest warrant for Al-Bashir.

The newspaper said that officials from both capitals informed human rights activists that they have taken this stance to protect the peace process in Darfur and Southern Sudan.

'There was a rather inaccurate press story about this last weekend' Lord Malloch Brown UK Foreign Office Minister for Africa said yesterday during forum at the Frontline Club in London.

'I think it is a very bad idea [suspension]...We are extremely wary of doing anything to interfere with the independence of the ICC. We look at it as one of the most important international innovation of recent years' Brown said...."