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Darfur I: Media Coverage Commencement of General Debate at the UN on Sudan, France, UK, US; News from Sudan and Blogs

25 Sept 2008

Dear all,

Please find below the first of a two-part message related to the
possibility of an Article 16 deferral of the ICC investigation in
Darfur, Sudan.

In this digest you will find media coverage of the commencement of the
General Debate at the United Nations; news from Sudan and blogs.

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.

Regards,

Mariana Rodriguez-Pareja
CICC Communications
[email protected]

I. UN GENERAL ASSEMBLY

A. SUDAN

i. "Sudan's Delegation to UN General Assembly Works Aggressively to
Counter Ocampo's Allegations," Sudanese Media Center, 23 September 2008,

http://english.smc.sd/enmain/entopic/?artID=14558

"AU security and peace council affirmed in a meeting yesterday held in
New York (in response to an invitation from Burkina Faso) that it
supported Sudan stance of countering ICC prosecutor general Luis
Ocampo''s allegations against president Omar Al-Bashir.

The council stresses that any attempt of indictment targets Basher
considered a threat to African continent security. Meanwhile VP Ali
Osman Mohammed Taha currently an a visit to New York for presenting
Sudan's statement before UN general assembly meeting held series of
meeting yesterday with AU , UN envoy for peace in Darfur Gibril Basoli;
Tanzanian president and chairman of AU Jakaia Kiuti bedsides AU
commissioner for security and peace Ramadan Al Amamra. Similarly Taha
plans to meet today with UN security general ban Ki Moon and British
foreign secretary Brawn.
Ministry of foreign affairs spokesman Ali Al Sadig told local press that
Sudan's delegation to UN general assembly meeting divided into three
groups....

The heads of working groups would work aggressively amongst regional and
international groups to convince them support Sudan stance against ICC
prosecutor."

ii. "Some Parties Retreated from Backing ICC, Kamal Obeid," Sudan Vision
Daily, 23 September 2008,
http://www.sudanvisiondaily.com/modules.php?name=News&file=article&sid=3
9262

"State minister at ministry of information Dr Kamal Obeid stated that
the efforts exerted by the high committee for management of ICC crisis
presided over by first vice president has achieved diplomatic success in
all regional and international arenas.

Kamal Obeid told Sudan Vision the campaign led by the high committee for
management of ICC crisis succeeded in making a lot of organizations
retreat from backing ICC decision. He pointed to that the participation
of first vice president in the meeting of UN general assembly in New
York is part of the work of the high committee for managing ICC
decision...."

iii. "Taha urges African countries to act strongly to suspend Sudan's
Bashir indictment," Sudan Tribune, 23 September 2008,
http://www.sudantribune.com/spip.php?article28715

"Sudanese Vice President called upon the African Union Peace and
Security Council today to take a strong stance for the suspension of the
indictment of the Sudanese President by the International Criminal Court
Prosecutor.

In a meeting held Monday evening on the sideline of the United Nations
Assembly General meeting, Taha urged the regional body to strongly
request the UN Security Council to defer the prosecution and the
investigation by the ICC.

'We hope that your meeting today comes out with strong and clear request
to the Security Council to rectify the situation and overcome the
request of the International Criminal Court Chief Prosecutor' Taha said
today in New York.

'We also hope that the meeting of the General Assembly provides an
opportunity for the Council to coordinate in this regard with all
regional and international organizations that rejected the ICC
prosecutor move, to work with it and the African countries members of
the Security Council to achieve what is requested according to a clear
mechanism and timeframe for action.' Taha stressed.

The African Union had asked the U.N. Security Council to invoke article
16 of Rome Statue and suspend any indictment of Sudan's head of
state...."

B.AFRICAN UNION

i. "Africa advancing on democracy and human rights, General Assembly
told," UN News Center, 22 September 2008,
http://www.un.org/apps/news/story.asp?NewsID=28187&Cr=general+assembly&C
r1=debate

"African countries are making important advances in embracing democracy,
respecting human rights, tackling corruption and strengthening their
economies, Tanzanian President and African Union (AU) Chairman Jakaya
Mrisho Kikwete told the General Assembly today.

..... Turning to the five-year conflict in Sudan's Darfur region, which
pits rebels against Government forces and allied Janjaweed militiamen,
he noted that the humanitarian crisis persists despite some encouraging
signs of improvement.

.... 'There is need therefore for the United Nations, the African Union
and the Government of Sudan to continue to work together expeditiously
to remove the obstacles impeding the deployment of UNAMID, the dialogue
between the Government of Sudan and the rebels, operations of
humanitarian work and the process of dispensation of justice,' Mr.
Kikwete said.

He added that he held 'fruitful' discussions with Sudanese President
Omar al-Bashir and other senior Government officials two weeks ago, as
well as with officials from UNAMID.

.... Mr. Kikwete stressed that it was the AU's considered view that the
indictment of Mr. al-Bashir on war crimes charges relating to Darfur -
prosecutors at the International Criminal Court (ICC) are seeking an
arrest warrant - should be deferred as it would complicate the
deployment of UNAMID and humanitarian relief efforts.

'Let me make one thing clear - that when we talk about deferment, we
should not in any way be perceived as condoning impunity. Justice is a
matter of essence. We are simply concerned with the best possible
sequencing so that the most immediate matters of saving lives and easing
the suffering of the people of Darfur are dealt with first....."

ii."African Union seeks deferral of indictment on Sudanese president,"
Xinhua, 23 September 2008,
http://news.xinhuanet.com/english/2008-09/24/content_10099817.htm

"The African Union on Tuesday called for a deferral of the indictment on
Sudanese President Omar Al-Bashir by the International Court of Justice
(ICJ).[sic]

AU Chairman and Tanzanian President Jakaya Mrisho Kikwete made the
appeal at the UN General Assembly, which opened its annual debate here
at the UN Headquarters.

The indictment will complicate the deployment of the joint UN-African
Union Mission in Darfur (UNAMID) and the management of the humanitarian
crisis in Darfur, he said. 'It is for this reason that the African Union
sees deferment as the most expedient thing to do now.'

The deferral should not be viewed as condoning impunity, he said. 'We
are simply concerned with the best possible sequencing so that the most
immediate matters of saving lives and easing the suffering of the people
of Darfur are dealt with first......"

C. ORGANIZATION OF THE ISLAMIC CONFERENCE

"OIC willing to play role of mediator," The National, 23 September 2008
http://www.thenational.ae/article/20080922/FOREIGN/476845575/1042

"...[The Secretary General of the OIC Mr.Ekmeleddin] Ihsanoglu said he
would be urging leaders of the international community to avert the
prosecution of Sudan's longtime president, Omar al Bashir, on charges of
genocide in Darfur.

..... The court is expected to make its decision before the end of the
year and the Sudanese government has been lobbying African and Arab
countries to support its attempts to evade Mr Bashir's prosecution.

Prof Ihsanoglu warned that the prosecution could lead to greater
political instability in Sudan and highlighted the potential dangers of
issuing an arrest warrant against a seated head of state.

'We have to be a little bit more prudent before we proceed more in this
direction and I sense that this is the emerging consensus by different
international organisations,' Prof Ihsanoglu said. 'We have to give a
chance to more negotiation, to the Sudanese government to take more
actions in the right direction before we head to a point which we might
regret or cannot retreat from...."

D. FRANCE

i."Sarkozy offers Bashir deal over war crimes," The National Newspapers
(UAE), 23 September 2008
http://www.thenational.ae/article/20080923/FOREIGN/117268117/1041

"Nicolas Sarkozy, the French president, extended his Sudanese
counterpart, Omar al Bashir, a lifeline yesterday by offering to help
suspend his prosecution for genocide in Darfur in exchange for radical
policy changes.

Speaking on the sidelines of the annual UN General Assembly, Mr Sarkozy
said he would use his country's influence in the Security Council to
defer the International Criminal Court (ICC) prosecution against Mr
Bashir if he committed himself to peace.

'France wants the Sudanese authorities to radically change their
policies. It is now up to Mr Bashir to determine exactly what he wants,'
Mr Sarkozy said. 'We want to... put an end to the scandalous situation
in which there are tens of thousands of people dying in this part of
Africa.'

The UN Security Council can defer the ICC prosecution for one year by
enacting Article 16 of the Rome Statute, if backed by nine of its 15
members and all five permanent members. France is a permanent member,
along with the UK, China, Russia and the United States.

'If the Sudanese authorities totally change their policy, then France
would not be against using Article 16,' Mr Sarkozy said. 'Things must be
clear, there will be no recourse to Article 16 unless there is radical
and immediate change in Sudan's policies....'

ii. "France softens stance on ICC indictment of Sudan president," Sudan
Tribune, 23 September 2008
http://www.sudantribune.com/spip.php?article28724

"The French government appeared to be taking a softer stance on the role
of the International Criminal Court (ICC) in Darfur after president
Nicolas Sarkozy dropped the demand for extraditing two Sudanese suspects
to the Hague.

France had previously stressed that Sudan must turn over Ahmed Haroun,
state minister for humanitarian affairs, and militia commander Ali
Mohamed Ali Abdel-Rahman, also know as Ali Kushayb who are wanted by the
ICC in connection with Darfur war crimes.

Then later the French Ambassador to the UN Jean-Maurice Ripert told
reporters that Sudan may try Haroun and Kushayb internally with the
consent of the ICC. But Sarkozy speaking to reporters today at the UN
headquarters in New York further watered down France's demands with
regards to the two suspects.

'We want those accused of genocide not to stay as ministers in a
government in Sudan' Sarkozy said referring to Haroun. Paris has been
making conflicting statements over the last few weeks on their position
with regards to invoking Article 16 of the Rome Statute which the UN
Security Council (UNSC) to defer ICC investigations.

In mid-July the ICC prosecutor Luis Moreno-Ocampo announced that he is
seeking an arrest warrant for Al-Bashir. The ICC's prosecutor Luis
Moreno-Ocampo filed 10 charges: three counts of genocide, five of crimes
against humanity and two of murder. It was only last week that judges
have started reviewing the case in a process that could possibly drag on
to next year.
Sudan and a number of regional organizations including the African Union
(AU), Arab League, Non-Aligned Movement (NAM) and Organization of
Islamic Conference (OIC) condemned Ocampo's request and called on the UN
Security Council (UNSC) resolution deferring Al-Bashir's indictment.

But the UNSC has been divided on the issue particularly the Western
countries on the council hesitant to support such a move. The French
president today made it clear that his country will not support a
deferral resolution unless certain conditions are met...."

iii. "French president urges reform of capitalist system," Associated
Press (as reprinted in Forbes), 23 September 2008 -
HTTP://WWW.FORBES.COM/FEEDS/AP/2008/09/23/AP5461929.HTML
"French President Nicolas Sarkozy...called on the government of Sudan to
end the violence in Darfur, saying that if the authorities in Khartoum
'completely change their policy' Paris would back the suspension by the
U.N. Security Council of indictments handed down against Sudanese
leaders by the International Criminal Court.
...'We want peace in Sudan (and) we want that the individuals accused of
genocide do not remain ministers in the Sudanese government,' Sarkozy
said. This was an apparent reference to Sudan's Interior Minister Ahmed
Haroun who was charged last year with war crimes.
Sarkozy's words drew a quick rebuke from Amnesty International. A
statement described Sarkozy's proposal to suspend the arrest warrants as
'a dangerous precedent' which could be interpreted by the leaders of
other nations accused of war crimes as a sign that 'their immunity is
always negotiable.'"
iv. "Paris May Support a Freeze of ICC Indictment of Sudan President
Bashir," Voice of America, 24 September 2008,
http://www.voanews.com/english/Africa/2008-09-24-voa3.cfm
"A possible International Criminal Court (ICC) arrest warrant against
Sudan's President Omar al-Bashir took another turn after French
President Nicholas Sarkozy reportedly said Paris might support freezing
the indictment. President Sarkozy reportedly told the United Nations
General Assembly yesterday (Tuesday) that his country would support
freezing the possible ICC indictment if Khartoum radically changes its
policies over the troubled Darfur region. This comes after the ICC chief
prosecutor Louis Moreno Ocampo seeks support from the United Nations and
the African Union to put Sudan's President on trial for war crimes.
There is, however, a growing debate at the United Nations over whether
the Security Council should defer the Sudan probe. Fouead Hikmat is the
project director for the Horn of Africa of the International Crisis
group. He tells reporter Peter Clottey from the Sudanese capital,
Khartoum that it was about time that Sudan's government changes its
approach on the Darfur crisis.
'I think starting with a working assumption here in response to what
President Sarkozy said today, I think the assumption is that the
government of Sudan and in particular the ruling National Congress Party
(NCP) that it needs radical change by first of all to agree to engage
with the International Criminal Court, which is very, very important,
otherwise if they do refuse to engage the International Criminal Court
then there is no foundation for a radical change as far as the policies
regarding the settlement in Darfur,' Hikmat noted...."

E. UNITED KINGDOM

i. "Britain to back immunity for Sudan president in bid for peace," The
Scottsman, 24 September 2008,
http://thescotsman.scotsman.com/latestnews/Britain-to-back-immunity-for.
4520599.jp

"BRITAIN is backing efforts to provide Sudan's president Omar al-Bashir
with immunity from an expected genocide indictment from the
International Criminal Court.
Foreign Office officials confirmed to The Scotsman that London is
backing a plan to give immunity to al-Bashir, accused by ICC prosecutors
of masterminding massacres that have claimed 200,000 lives.

The deal, which will be discussed this week at the United Nations
General Assembly, would involve Sudan promising to make significant
progress with peace talks, supporting the deployment of UN peacekeepers
in Darfur, and holding war crimes trials of its own for lesser figures.
'We're not getting involved in negotiations', said one British official.
'There has to be a very substantial change in Sudan's cooperation.'

London is supported by Paris, whose UN ambassador Jean-Maurice Ripert
told news agencies that immunity was the prize that could be offered for
Sudan agreeing to full inclusive dialogue...."

F. UNITED STATES

"US will veto attempts to defer ICC move against Sudan president:
Official," Sudan Tribune, 25 September 2008
http://www.sudantribune.com/spip.php?article28738

"The United States will veto any UN Security Council (UNSC) resolution
that defers the International Criminal Court (ICC) indictment of
Sudanese President Omar Al-Bashir and other officials, a senior U.S.
official said today.

'If asked-if forced to vote today-the United States, even if it was 191
countries against one, would veto an Article 16 [resolution],'
Ambassador Richard Williamson, the U.S. special envoy to Sudan said at a
hearing of the US Commission on International Religious Freedom.

This is the first time a US official makes a formal position on issue of
the suspension despite the heavy debate within the UN and regional
organizations.

But the diplomat stopped short of saying that the U.S. will never
support the suspension of the ICC's Darfur cases, instead laying out a
list of conditions that should be met before such a move would be
tolerable, including 'progress on the ground to provide alleviation of
humanitarian suffering' and 'sustainable security on the ground in
Darfur and South Sudan.'

'We have not seen a response by the officials in Sudan to approach the
sort of meaningful steps in those areas that are noteworthy,' said
Williamson.

Under the Rome Statue, the treaty governing the ICC, the UNSC can invoke
Article 16 of the treaty to suspend jurisdiction of the world court in a
case for up to one year that can be renewed indefinitely.

However such a resolution requires the affirmative votes of 9 UNSC
members without a veto from a permanent member of the council.

II. NEWS FROM SUDAN

i. "Sudan's Bashir to attend ACP Summit in Ghana next month," Sudan
Tribune, 23 September 2008,
http://www.sudantribune.com/spip.php?article28707

"The Sudanese President Omer Hassan Al-Bashir will participate in the
Sixth Summit of the African, Caribbean and Pacific Group of States (ACP
Group), that will be held the Ghanaian capital Accra next month.

Al-Bashir is also the chairman of the ACP and his country hosted the 5th
ACP summit two years ago. Sudan official news agency reported that
Al-Bashir will lead a high level delegation to Accra where the Summit is
scheduled to take-place in Accra from September 30 to October 3rd, 2008.

The Summit will be preceded by a meeting of the ACP Council of Ministers
and ACP Ministers of Foreign Affairs. ACP Secretary General, John
Kaputin, is due to arrive in Khartoum next Wednesday in a three day
visit where he will meet Al Bashir to brief him on the agenda of the
sixth summit.

The summit is expected to express support for suspending the
International Criminal Court (ICC) indictment against the Sudanese
president. On July 25, the ACP had issued a statement in which the 79
state members slammed the ICC move calling it a threat to regional peace
and stability.

Ghana is a state party to the Rome Statute which forms the basis of the
ICC and has an obligation to arrest Al-Bashir if an arrest warrant is
issued for him...."

ii. "Sudanese to protest ICC's allegations through mobile
phones,"Sudanese Media Center, 22 September 2008,
http://english.smc.sd/enmain/entopic/?artID=14565

"Mobile phone users will kick off a campaign next Friday in protest of
allegations by International Criminal Court (ICC) Prosecutor against the
President of the Republic Field Marshal Omer Al Bashir. The users will
send messages to any of the telecommunication companies. Chairman of the
Sudanese Organization for Information Technology, Prof. Al-Zubair Bashir
Taha on Tuesday presided over a meeting drawing heads of
telecommunication companies and mass media to prepare for the
campaign..."

III. ICC DENIES OTHER REQUESTS OF WARRANTS FOR THE DARFUR CASE, FOR NOW

"Sudan president 'most responsible' official for Darfur war crimes: ICC
prosecutor," Sudan Tribune, 23 September 2008,
http://www.sudantribune.com/spip.php?article28714

"The prosecutor of the International Criminal Court (ICC) Luis
Moreno-Ocampo today denied speculations that he requested secret arrest
warrants issued for Sudanese officials other than president Omer Hassan
Al-Bashir in connection with Darfur war crimes.

Last week the ICC released a 113-page heavily redacted version of the
application containing the request for an arrest warrant for Sudan
president Omer Hassan Al-Bashir which was submitted under seal meaning
it would not be released to the public in its original form.

The documents showed the role of Sudan 2nd Vice president Ali Osman Taha
played a key role in mobilizing the notorious Janjaweed militias during
the Darfur conflict.

'GoS officials released from prison tribal leader Musa Hilal and Col.
Shukurtallah. Vice President Taha instructed Hilal to mobilize his
tribesmen into the force that became known as the 'Quick, Light and
Horrible Forces of Misteriha'.

The release of that info sparked fear in Khartoum that other Sudanese
officials may soon join Al-Bashir as indicted individuals.

'A gloomy atmosphere prevailed when it [the report] came out. They
gained some confidence boost after news that Britain and France will
support a suspension of Al-Bashir's indictment. Now they feel that more
officials may be prosecuted in the future and not just the president' a
Sudanese journalist told Sudan Tribune last week on condition of
anonymity.

Sudanese foreign ministry spokesman Ali Al-Sadiq, who was unaware of the
release of the redacted version, described Sudan Tribune report as
'false' saying that the summary released by the ICC does not contain
this information.

At the conclusion of the application Ocampo made four requests of the
judges including entering a finding "that there are reasonable grounds
to believe that Al-Bashir committed the crimes charged in this
application" and issuing an arrest warrant.

However the prosecutor withheld the other two requests he made to the
judges of Pre-Trial Chamber leading some observers in Sudan to believe
that the Argentinean born lawyer asked for issuance of secret arrest
warrants for other Sudanese officials.

But Ocampo told Sudan Tribune in an interview today that he did not
press charges against any other Sudanese official in this July 14
application.

'We have strong evidence showing how Al-Bashir was at the top of the
chain of command controlling all the aspects of the state not just
recruitment of Janjaweed militias. Al-Bashir had control over those who
committed the attacks, the judicial bodies, international relations and
the media' he said.

Asked why he did not pursue 2nd VP Ali Osman Taha, Ocampo said his
investigation "focuses on those most responsible".

'I have no other people indicted nor do we have anyone else in the
pipeline. The list of 51 created by the UN Commission of Inquiry on
Darfur is not my list' the ICC prosecutor said...."

IV. BLOGS

i. "France and Darfur: Dirty deals over genocide or pragmatism for
peace?,"Global News Blog, by Louis Charbonneau, 23 September 2008,
http://blogs.reuters.com/global/2008/09/23/france-and-darfur-dirty-deals
-over-genocide-or-pragmatism-for-peace/

"French President Nicolas Sarkozy announced that if Sudan changes its
behavior and actively supports growing international calls for peace in
Darfur, Paris would back suspending any indictments the International
Criminal Court (ICC) issues against Sudanese President Omar Hassan
al-Bashir.

Sarkozy made clear there would be strings attached. In a speech to the
U.N. General Assembly, the French leader said Sudan would have to
"radically" alter its policy towards Darfur, where international experts
say at least 200,000 people have died since 2003. It would have to
remove a cabinet minister indicted for war crimes in Darfur from the
Khartoum government and stop delaying the deployment of international
peacekeepers.

Not everyone will laud Sarkozy's comments on the opening day of the
General Assembly.

The New York-based rights watchdog Human Rights Watch (HRW) has already
chided the African Union Peace and Security Council for calling on world
powers to use their power to put the ICC investigation of Bashir on hold
to avoid undermining the stalled peace process in Darfur...."

ii."Africa's Position on the ICC," posted by Alex de Waal at Making
Sense of Darfur, 23 September 2008,
http://www.ssrc.org/blogs/darfur/2008/09/23/africas-position-on-the-icc/

"Yesterday's meeting of the AU Peace and Security Council, held in New
York, confirmed Africa's push-back against the ICC. As feared by African
human rights activists, one result of the indictment against President
Omar al Bashir is that Africa has lost confidence in the ICC and is
taking rapid steps to become a zone free of universal jurisdiction.

At the PSC meeting, Sudanese Vice President Ali Osman Taha made clear
Khartoum's position that an arrest warrant against Bashir would be a
declaration of war against Sudan. He is increasing the stakes ahead of
the General Assembly meeting in which the Sudanese are looking for
enough support to table a motion opposing the ICC. (They are unlikely to
get it.) Ali Osman said that the Sudan government was doing everything
that the AU asked of it, including cooperating with UNAMID and taking
steps to establish a judicial process under African supervision. (In
accordance with PSC rules, Sudan was absent for the remainder of the
debate.)

The positions taken at the PSC do not provide much solace to the
supporters of the ICC and the advocates of universal jurisdiction. Not a
single member state spoke in favor of the ICC indictment, though Nigeria
paid lip service to the principle of no impunity and insisted that it
was demanding a deferral only, not outright opposition to the Court....

.... The Chairperson of the AU Commission, Jean Ping, expressed Africa's
disappointment with the ICC. He noted that thirty African countries had
ratified the Rome Statute, expecting that the ICC would aid them in the
pursuit of justice. But rather than pursuing justice around the
world-including in cases such as Columbia, Sri Lanka and Iraq-the ICC
was focusing only on Africa and was undermining rather than assisting
African efforts to solve its problems. Most importantly, Ping said that
the UN had passed the responsibility for addressing the ICC issue in
Sudan to the AU. He said that he had learned that the UN Secretary
General had, before the July 14 ICC announcement, the opportunity to
block the indictment but had said that the Court was wholly independent
and it was none of his business...."

iii. "Defanging the International Criminal Court," UTNE, 23 September
2008,
http://www.utne.com/2008-09-24/Politics/Defanging-the-International-Crim
inal-Court.aspx?blogid=30

"Yesterday at the United Nations, France's Nicolas Sarkozy held out the
carrot of immunity for Sudanese president Omar al-Bashir if he
implements 'radical and immediate change in Sudanese policies.' Britain
is reportedly in agreement with staying the International Criminal
Court's war crimes investigation. (China, Russia, the Arab League, and
the African Union were already on board with the immunity deal.)

And so the organ of blind international justice is being reduced to just
another political bargaining chip in a disastrously long conflict that's
proven immune to such wheeling and dealing. Just as bad, the approach
could be completely misguided by removing what might prove to be one of
the few effective pressure tactics on Sudan to date. An interesting
piece in Britain's new Standpoint magazine argues that ICC prosecutor
Luis Moreno-Ocampo's much-maligned campaign for war crime charges
against al-Bashir may actually be rattling Khartoum toward change.

..... Late last month, the Institute for War & Peace Reporting noted
'rumblings of dissent' in Sudanese media and among fringe political
circles in the wake of Moreno-Ocampo's announcement to seek an arrest
warrant for al-Bashir. Marozzi, however, goes further, placing dissent
in the mouths of those with influence. Removing this key instigator of
dissent-the threat of prosecution-could very well restore the status
quo, which translates to more death and disaster for the people of
Darfur...."