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Darfur I: Statement by the UPCI; Meeting of Arab Ministers of Justice in Cairo; Interviews with Al-Bashir and Reports on the Alleged French Proposal to Remove Harun from Government
14 Oct 2008
Dear all,

Please find below the first of a two-part message with information about recent developments related to the International Criminal Court's investigation in Darfur, Sudan.

This message includes media articles reporting and reacting to the statement by the Executive Committee of the Union of Parliaments of the Organization of the Islamic Conference (UPCI) that the ICC's indictment against the Sudanese President Omar Hassan Ahmad Al Bashir is a matter of 'grave concern.' The statement was made in a document adopted during the 19th session of the UPCI on 7-8 October in Niamey, Niger.

This message also includes news from the meeting of Arab ministers of justice in Cairo; interviews with Al Bashir who claims there were no 'mass rapes in Darfur'; and reports of an alleged French proposal to remove from government the current Minister of State for Humanitarian Affairs Ahmad Harun against whom ICC Pre-Trial Chamber I issued an arrest warrant in May 2007.

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. ISLAMIC PARLIAMENTARY GROUP EXPRESSES 'GRAVE CONCERN' OVER REQUEST FOR AL BASHIR ARREST

"OIC MPs express concern over ICC indictment of Sudanese leader," Panapress, 10 October 2008,
http://www.apanews.net/apa.php?page=show_article_eng&id_article=77401

"The threat of prosecution against the Sudanese President Omar el-Bashir before the International Criminal Court (ICC) is a matter of "grave concern" to the Union of Parliaments of the Organization of the Islamic Conference (UPCI), whose 19th session of the Executive Committee was held from 7-8 October in Niamey.

The document adopted following the session in the Nigerien capital further reaffirmed the support of the Islamic organization, encouraging the African Union (AU) for its role and involvement in the search for peace in Darfur...."

II. REACTIONS TO MEETING OF ARAB JUSTICE MINISTERS IN CAIRO

i. "Arabs criticize arrest warrant for al-Bashir," Associated Press Worldstream (via The Herald Tribune), 12 October 2008,
http://www.iht.com/articles/ap/2008/10/12/news/ML-Arabs-Sudan.php

"Arab justice ministers said Sunday that an arrest warrant for the Sudanese president requested by the chief prosecu-tor of the International Criminal Court has 'no sound legal basis.'

The group's statement, issued after a daylong meeting in the Egyptian capital of Cairo, was a show of support for Sudanese President Omar Al-Bashir, who is the first sitting head of state to face genocide charges.

... They also said they would support efforts under way to freeze the prosecution process, although the language was more watered-down than the Sudanese government had requested..."

ii. "Arab justice ministers reject bids to undermine immunity of Sudanese President Al-Bashir," Kuwait News Agency, 13 October 2008,
http://www.kuna.net.kw/NewsAgenciesPublicSite/ArticleDetails.aspx?id=1943723&Language=en

"Arab Justice Ministers, in an extraordinary meeting kicked off in Cairo, voiced their solidarity with Sudan against any attempt targeting its sovereignty, unity and stability, as well as rejecting bids to undermine immunity of Sudanese President Omar Al-Bashir.

At the conclusion of the meeting here last night with Qatar's Justice Minister H.E. Hassan bin Abdullah al Ghanem leading his country's delegation to the meeting, the ministers said the International Criminal Court (ICC) chief prosecutor's arrest warrant against Al-Bashir should be channeled through Sudanese legislation.

The meeting was held at the request of Sudan to discuss the arrest warrant. The arrest warrant, said the ministers in a final communique, has no legal basis or realistic arguments. They reject any attempt to politicize principles of the international law coupled with double standards.

The Arab ministers expressed dissatisfaction on the way the arrest warrant was dealt by the media...."

iii. "Rebels blast complicity of Arab ministers over Darfur crimes," Sudan Tribune, 14 October 2008,
http://www.sudantribune.com/spip.php?article28917
"Darfur Justice and Equality Movement has slammed the Arab justice ministers failure to condemn crimes committed by the Sudanese government in Darfur saying they 'supposed to be justice people'
In a meeting held yesterday in Cairo, the Arab justice ministers have voiced their support to Sudan in face of an indictment by the International Criminal Court (ICC) of president Omer Hassan Al-Bashir. ...
'The Arab Justice Ministers failed even for lip services to condemn the acts of violence or the crimes that committed in Darfur,' said Ahmed Hussein Adam the spokesperson of the rebel movement.
.....'The ICC is not Occampo creation; it is humanity creation to fight impunity,' he added...."

III. INTERVIEW WITH AL BASHIR WHO CLAIMS 'NO MASS RAPES' IN DARFUR

i. "Sudan leader scoffs at war crimes," AP (via CBS News), 11 October 2008, http://www.cbsnews.com/stories/2008/07/31/world/main4310144.shtml?source=RSSattr=World_4310144

"Sudanese President Omar al-Bashir said in an interview published Thursday that he will never appear before the International Criminal Court to face charges of genocide and war crimes in his country's Darfur region.

Al-Bashir's comments to the Khartoum independent newspaper al-Ayyam were his first that directly address the court prosecutor's July 14 indictment against him. ICC prosecutor Luis Moreno-Ocampo has asked the court for an arrest warrant for Sudan's leader, but it may be weeks before a ruling is made on that request....

Al-Bashir also said Sudan would not object to regional bodies taking up its case with the ICC. The Arab League and the African Union already have asked the U.N. Security Council to suspend the case for 12 months, which only the council can do under the ICC statue...."

ii. "Sudan's Beshir rejects 'made up' war crimes claims," AFP (via Yahoo News), 10 October 2008,
http://news.yahoo.com/s/afp/20081009/wl_africa_afp/warcrimessudanconflictdarfur_081009202937

"Sudanese President Omar al-Beshir rejected the allegations of war crimes against him as 'made up' and said mass rape 'does not exist' in Darfur, in an interview broadcast here Thursday.

Beshir, who is accused by the International Criminal Court's top prosecutor of genocide and crimes against humanity in the western Sudanese region of Darfur, told Channel Four News the sources for the claims were 'all hostile.'

'These allegations are not correct. Everything is fabricated and made up. Anything saying that we ordered killing people is untrue,' he said.

'The sources used by the ICC prosecutor are all hostile; they are from the rebels who revolted against the state.'

Beshir also denied reports of mass rape in displaced persons camps.

'The women inside the camps are under the influence of the rebels and some are even relatives of the rebels. That's why they make these claims,' he said.

Beshir said there may be individual instances of rape in Darfur, but this happened all over the world. 'Mass rape does not exist,' he said.

'These are all false allegations. It's not in the culture of the Darfurians. The Darfurian society does not have rape. It's not in their tradition.'..."
iii. "Al-Bashir: a big man of Africa?," News Channel 4, 14 October 2008, http://www.channel4.com/news/articles/politics/international_politics/albashir+a+big+man+of+africa/2523712
"Lindsey Hilsum describes the experience of interviewing the man 'who has presided over terrible atrocities in Darfur'
When Mugabe walks into a room, he fills it. Likewise Museveni or Obasanjo. Malign or benign, these are the Big Men of Africa, men with a presence and stature.
But when Omar al-Bashir, President of Sudan, walked into the room where I was to interview him in Khartoum last week, nothing in the atmosphere changed. He scarcely filled his suit, let alone anything larger.
Yet he has his place in history: the first serving head of state threatened with indictment by the International Criminal Court.
.... But with Omar al-Bashir - nothing. A small, plump balding man, he seems less like a mastermind and more like a railway clerk.
He smiled. He was not to be drawn. Mass rape in Darfur? It doesn't happen. Are the women who say they've been raped lying then? They're relatives of the rebels. What is his personal responsibility for the crimes and cruelty which have occurred? This is war, these things happen.
... 'Life is very normal in Darfur,' he said, and for a brief moment I felt a certain menace in his words..."
IV. SUDAN ALLEGEDLY OFFERED TO REMOVE HARUN FROM CABINET

i. "Sudan offered to remove minister accused of war crimes: diplomat," Sudan Tribune, 13 October 2008,
http://www.sudantribune.com/spip.php?article28901

"The Sudanese government told French officials that they are willing to remove a minister wanted by the International Criminal Court (ICC), a senior European diplomat told Sudan Tribune.

The diplomat who spoke on condition of anonymity said that the proposal was made during a visit by a Sudanese dele-gation last week to Paris headed by senior Sudanese presidential adviser Nafi Ali Nafi.

Nafi met with French officials including foreign minister Bernard Kouchner, Claude Guéant, the secretary general of the French Presidency and the presidential adviser for African Affairs Bruno Joubert.

French officials have said that it is 'unacceptable' that an individual indicted of war crimes to be part of the Sudanese cabinet.

According to the diplomat the delegation told French officials that they could possibly dismiss Ahmed Haroun, state minister for humanitarian affairs and investigate his alleged role in Darfur war crimes.

Sudanese officials insisted however, that any prosecution of Haroun is contingent upon coming up with evidence implicating him. They further said they will not cooperate with the ICC in conducting national proceedings as demanded by Paris..."
ii. "Sudan / French ministry of foreign Affairs Daily Press Briefing," African Press Organization (APO), 14 October 2008,
hhttp://appablog.wordpress.com/2008/10/14/sudan-french-ministry-of-foreign-affairs-daily-press-briefing-taken-questions/
"...[QUESTION] Following an article that appeared in the Sudanese press, can you confirm that, during a meeting with Mr. Kouchner last week, Sudan offered to make a concession in its position on the International Criminal Court by ousting the minister Ahmed Haroun, for whom the court has issued an arrest warrant?
[ANSWER] Last week, the foreign minister received a delegation headed by Nafie Ali Nafie, an adviser to the Sudanese head of state.
During their meeting, Bernard Kouchner expressed France's extremely deep concern over the deterioration in the situation in Darfur, notably the continuation of violence. He asked the Sudanese authorities to bring a halt to the operations they have been carrying out for several weeks. He reiterated the call for a radical and immediate change in policy on the part of the Sudanese authorities:
-first, by cooperating with the International Criminal Court to implement the decisions already taken with respect to Mr. Haroun and Mr. Kushayb -and second, by taking all necessary measures to move toward a resolution of the Darfur crisis, including a cessation of hostilities, access of humanitarian workers to civilian populations, the unrestricted deployment of UNAMID, the search for a political solution and normalization of relations with Chad.
The minister emphasized that France is demanding action on all of these issues.
Discussions with the delegation were not aimed at entering into negotiations with the Sudanese authorities, but to remind them what the international community expects of them. The Sudanese delegation gave no details on Mr. Haroun's future within the government of Sudan...."