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Darfur: Reports of a Third Case; Statement by UN Mulet; Human Rights Watch; Other related Information

10 Nov 2008

Dear all,

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

This message includes media articles reporting on the announcement by the ICC
prosecutor of a third case in the Sudan; statements by senior UN Official Edmond
Mulet, who said that ‘an arrest warrant against Sudanese president Omar Hassan
Ahmad Al-Bashir could have serious security and other implications’ for U.N.
peacekeepers acting in Darfur; a press release by Human Rights Watch accusing
the Sudanese government of trying to undermine the investigations by the ICC;
the visit of the Egyptian President Hosni Mubarak to discuss the accusation
against Al-Bashir by the ICC; diplomatic efforts to avoid Bashir’s prosecution;
and related information.

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. THIRD CASE ON SUDAN

i. “Prosecutor to present third Sudan case within weeks,” Reuters, 17 October
2008, http://www.alertnet.org/thenews/newsdesk/N17483396.html

“The chief prosecutor of the International Criminal Court said on Friday he will
present a case within weeks for the indictment of some rebel commanders accused
of attacking peacekeepers in Sudan's Darfur region.”

ii. “Prosecutor to present third Sudan case within weeks,” Reuters, 17 October
2008,
http://www.reuters.com/article/worldNews/idUSTRE49G7QW20081018?feedType=RSS&feed
Name=worldNews

“The chief prosecutor of the International Criminal Court said on Friday he will
present a case within weeks for the indictment of some rebel commanders accused
of attacking peacekeepers in Sudan's Darfur region.

The court is currently considering chief prosecutor Luis Moreno-Ocampo's case
for the indictment of Sudanese President Omar Hassan al-Bashir and has already
indicted a Sudanese minister and an allied militia leader for war crimes.

‘In a couple of weeks I will present my third case against some rebel commanders
who were attacking African Union peacekeepers,’ Moreno-Ocampo told a Council on
Foreign Relations symposium, sponsored by Hollywood actors Angelina Jolie and
Brad Pitt.

Moreno-Ocampo has been investigating a 2007 attack on an AU base in Haskanita,
Darfur which killed 12 peacekeepers and was blamed on rebels. A U.N. report said
vehicles used in the attack bore the initials "JEM," which could have stood for
the Justice and Equality Movement, a powerful rebel group.

Khalil Ibrahim, leader of the group, said in July that if any of his guerrillas
was indicted they would be handed over to the international court for trial….”

iii. “ICC prosecutor tells Al Arabiya he will press charges,” Al Arabbya, 19
October 2008, http://www.alarabiya.net/articles/2008/10/19/58532.html

“The prosecutor of the International Criminal Court said Sunday that preliminary
steps have been taken to open an investigation into war crimes committed in
Georgia and Afghanistan implicating both local and international parties, which
could include the United States and Russia.

Luis Moreno-Ocampo told Al Arabiya News Channel that the ICC will press charges
against rebel leaders in Darfur as part of a series of investigations into the
volatile situation in the Sudanese province. The latest charges mark the third
time Ocampo has sought criminal indictments of Sudanese officials.

…. In a meeting with the U.S. congress Committee on Foreign Affairs, Ocampo
said he was seeking was confident about his latest move.

‘The judges are currently looking into the case. I requested 12 arrest warrants
before and got them all. I am sure I have a strong case,’ he said….”

II. JUDGES REQUEST INFORMATION FROM PROSECUTOR

“Sudan expresses confidence ICC judges to reject Bashir charges,” Sudan Tribune,
19 October 2008,
http://www.sudantribune.com/spip.php?article28971

“The Sudanese government hailed a decision by the judges of the International
Criminal Court (ICC) requesting more information on the prosecutor’s request for
an arrest warrant against president Omer Hassan Al-Bashir.

This week the judges of the Pre-Trial Chamber I which has officially started
deliberating on the case against Al-Bashir earlier this month said in court
documents that there are aspects of the ICC prosecutor’s application which
require “additional supporting materials”.

…. An unidentified Sudanese official speaking to the daily Al-Sharq Al-Awsat
published in London said that judges’ request ‘proves that Ocampo’s evidence is
weak and fabricated and that Al-Bashir is innocent”.

III. UN AND DARFUR CASE

i. “Warrant for Sudan's president could trigger unrest,” AP, 6 Nov 2008,
http://ap.google.com/article/ALeqM5iIYicD6XiohrLn7emd53yJtTxyLwD94932VG0

“An arrest warrant for Sudan's President Omar al-Bashir on charges of genocide
in Darfur could trigger "an uncontrolled reaction" against U.N. peacekeepers, a
senior U.N. official warned Wednesday.

Assistant Secretary-General for Peacekeeping Edmond Mulet told the U.N. Security
Council the request by the prosecutor of the International Criminal Court for an
arrest warrant against al-Bashir ‘could have serious security and other
implications’ for U.N. peacekeepers.
…. Mulet said the request for al-Bashir's arrest could also ‘potentially derail’
the 2005 agreement which ended 21 years of civil war between Sudan's Muslim
government in the north and the Christian and animist rebels in the south that
left an estimated 2 million people dead.

…On Oct. 16, judges at the International Criminal Court gave chief prosecutor
Luis Moreno Ocampo one month to provide more evidence against Sudan's president
before deciding whether to issue an arrest warrant….”

ii. “UN fears over warrant for Bashir,” BBC News, 6 Nov 2008,
http://news.bbc.co.uk/2/hi/africa/7712616.stm

“Indicting President Omar al-Bashir of Sudan over alleged war crimes in Darfur
could put peacekeepers at risk, a senior UN official has warned. Assistant
Secretary-General for Peacekeeping Edmond Mulet also said an arrest warrant
against Mr Bashir could derail Sudan's north-south peace deal. The
International Criminal Court's chief prosecutor sought a warrant against
President Bashir in July. …”

iii. “UN: Indictment could ruin peace,” News 24, 6 November 2008,
http://www.news24.com/News24/Africa/News/0,,2-11-1447_2422014,00.html

“If the International Criminal Court decides to indict Sudan's president for
crimes in Darfur it could ruin a peace process that ended two decades of civil
war, a senior UN official said on Wednesday.

Khartoum has already said that peace in its war-racked Darfur region would be
impossible if the UN Security Council does not stop the ICC from indicting
Sudanese President Omar Hassan al-Bashir for genocide and other war crimes in
Darfur.

Sudanese officials have suggested that UN-African Union peacekeepers in Darfur,
known as UNAMID, could be expelled if the judges indict Bashir. A separate UN
force policing compliance with a peace deal that ended Sudan's north-south civil
war had hoped they would be spared such retaliation.

But UN Assistant Secretary-General for Peacekeeping Edmond Mulet said both
UNAMID and the other peacekeeping force in semi-autonomous south Sudan, known as
UNMIS, could become targets of revenge if a warrant is issued for Bashir's
arrest.

Mulet told the UN Security Council that the ICC chief prosecutor's request for
Bashir's indictment ‘could have serious security and other implications for
UNMIS and UNAMID’.
‘(It) could potentially derail the CPA process," he said, referring to the 2005
Comprehensive Peace Agreement that ended 20 years of civil war that resulted in
the deaths of about two million people across Africa's largest country. “

See also:
-- “Arrest Warrant for Sudan President Omar al-Bashir May Trigger 'Uncontrolled'
Reaction, 5 November 2008,
http://www.foxnews.com/story/0,2933,447627,00.htm
-- “New Sudan indictment could ruin north-south peace: U.N.,” Yahoonews, 6
November 2008,
http://news.yahoo.com/s/nm/20081105/wl_nm/us_sudan_un_1

IV. HUMAN RIGHTS WATCH ON SUDAN

“Sudan: Khartoum War Crimes Investigations Are Mere ‘Window Dressing’,” Human
Rights Watch, 20 October 2008;
http://www.hrw.org/english/docs/2008/10/20/sudan20015.htm

“Sudan’s recent legal actions against a militia commander and others accused of
war crimes in Darfur hold little promise of bringing justice to victims of
serious abuses, Human Rights Watch said today. Human Rights Watch accused the
Sudanese government of trying to undermine investigations by the International
Criminal Court (ICC).

‘The Sudanese government is putting up more window dressing as part of its
ongoing effort to block the investigations of the International Criminal Court,’
said Georgette Gagnon, Africa director at Human Rights Watch. “No one should be
fooled by these moves.”

V. PEACE IN DARFUR AND VISIT OF PRESIDENT MUBARAK

i. “Peace possible in Darfur,” iafrica.com, 16 October 2008,
http://news.iafrica.com/worldnews/1233840.html

“Sudanese President Omar al-Beshir on Thursday launched his "people's
initiative" for peace in Darfur with an elaborate ceremony attended by regional
dignitaries but no rebels involved in fighting.

“Critics say Beshir's plan, which will involve talks on Friday and
recommendations for peace on Saturday, is aimed at distracting attention from
potential Darfur war crimes charges against him by the International Criminal
Court.

‘The fundamental solutions to the problem in Darfur ... lie in its
comprehensive and balanced development and a decentralised administrative
system,’ Beshir said, promising 250 million dollars in aid for Darfur.”

ii. “Sudan delays Darfur peace recommendations,” Agence France-Presse, 29
October 2008, http://afp.google.com/article/ALeqM5jOiQexz4Q96kYthQ8HsplJW-3FuA

“Sudan on Wednesday delayed the publication of recommendations expected to pave
the way for possible talks in Qatar on solving the Darfur conflict, underscoring
Western concerns of ´too little, too late´.

...Sudan is on a diplomatic drive to persuade the UN Security Council to delay
any proceedings against Beshir, who could face an international arrest warrant
for alleged war crimes, genocide and crimes against humanity in Darfur.

´Qatar has offered its services in helping to unblock stalled UN-led peace
efforts despite continued fighting on the ground that displaced at least 24,000
people in North Darfur state last month alone.

'We hope negotiations between the government and the rebels of Darfur will start
in Doha before the end of this year," said [Sudanese Minister of Industry Jalal]
al-Dugair..."

iii. “Sudanese president tries to improve image,” International Herald Tribune,
5 November 2008,
http://www.iht.com/articles/ap/2008/10/30/africa/AF-Sudan-Darfur-Fighting-Back.p
hp

“Facing genocide charges from an international tribunal, Sudanese President Omar
al-Bashir has taken several recent steps to shore up his image, including
holding a high-profile Darfur peace conference. But his opponents have called
the meeting a farce, and others say the gestures are "too little too late.

‘Al-Bashir's latest moves include speeding up deployment of international
peacekeepers in Darfur and arresting an Arab militia leader charged with war
crimes by the International Criminal Court — the same court that charged
al-Bashir with genocide in Darfur. The government says the militia leader will
be tried in a domestic court but hasn't set a date or outlined the charges.”

iii. “Mubarak in Sudan to discuss genocide,” IOL, 10 November 2008,
http://www.iol.co.za/index.php?from=rss_Africa&set_id=1&click_id=68&art_id=nw200
81110103516394C586790

“Egyptian President Hosni Mubarak arrived in Khartoum on Monday for talks with
Sudanese President Omar al-Beshir on war crimes allegations he faces at the
International Criminal Court.

The agenda for the one-day visit will include ‘the accusation made against
Beshir by the prosecutor of the ICC’, an Egyptian official told AFP, requesting
anonymity.

…. Sudan is seeking to avert an ICC trial and convince a sceptical West that it
is serious about unblocking stalled peace efforts in Darfur.

Mubarak said in July that he agreed with the African Union's position that
Beshir be given time to implement a ceasefire in Darfur…”


VI. DIPLOMATIC EFFORTS TO AVOID BASHIR’S PROSECUTION

i. “China wants Sudan war crimes crisis 'soft landing': envoy,” Agency
France-Presse, 26 October 2008,
http://news.yahoo.com/s/afp/20081026/wl_afp/warcrimessudandarfurjusticechinadipl
omacy_081026154232

“China's special envoy to Darfur on Sunday called for a "soft landing" to a
crisis sparked when the world court prosecutor demanded a formal indictment of
the Sudanese head of state for war crimes.

´We hope the ICC indictment could have a kind of soft landing so as the
political process could be continued... and the humanitarian as well as security
situation there could be further improved,´ Liu told reporters.

ii. “France turns down request by Sudan for mediation with ICC,” Sudan Tribune,
20 October 2008, http://www.sudantribune.com/spip.php?article28985

“The French government rejected a request by Sudanese officials to act as an
intermediary with the International Criminal Court (ICC)…

´Khartoum rejected any direct interaction with the ICC but said they may carry
out what they described as ´indirect dealing´ with the court to avert a possible
arrest warrant against president Omer Hassan Al-Bashir.”

iii. “Sudan/French Ministry of Foreign Affairs Daily Press Briefing,” African
Press Organization, 17 October 2008,
http://appablog.wordpress.com/2008/10/18/sudan-french-ministry-of-foreign-affair
s-daily-press-briefing-october-17-2008/

“I repeat that if [Mr. Kushayb’s] arrest is confirmed, it will be a first step
but that much remains to be done. It is in this context that I want to recall
the French position which is a demand for a radical and immediate change in the
situation in Darfur. With regard to the judicial aspect, I would remind you that
we’re asking that the two people for whom the International Criminal Court has
issued arrest warrants, Mr. Kushayb who has reportedly been arrested, and Mr.
Harun who is still at liberty, be subject to a judicial prosecution which has
the endorsement of the International Criminal Court.”

iv. “UK, France agree to Chinese proposal on Darfur trials: report,” Sudan
Tribune, 28 October 2008, http://www.sudantribune.com/spip.php?article29063

“The French and British government have reportedly agreed to a Chinese proposal
to defuse tensions resulting from the move by the International Criminal Court
(ICC) to indict president Omer Hassan Al-Bashir.

´China hopes that Western countries agreement to local prosecutions of Darfur
war crimes would pave the way for a UN Security Council (UNSC) resolution
deferring the ICC move as demanded by Sudan and a number of regional
organizations.´

v. “Sudan wants India’s help over Darfur crisis,” Sindhtoday.net, 29 October
2008, http://www.sindhtoday.net/south-asia/31935.htm

“With its president indicted by a global body for alleged atrocities in Darfur,
Sudan Wednesday asked India to use its clout to help the world understand the
situation in its western province better even as it asked Indian businessmen to
scale up investment in that country.

´We expect India to find out what is the reality in Darfur so that it can speak
on our behalf to the world community,’ Sudan’s Minister of Finance and National
Economy Awad Ahmed Elijazz told IANS here Wednesday.”

vi. “Chinese envoy travels to Sudan for talks on Darfur crisis,” Sudan Tribune,
18 October 2008, http://www.sudantribune.com/spip.php?article28977

“The Chinese special envoy to Africa Liu Guijin will arrive in Khartoum next
Friday for talks with Sudanese officials on developments regarding the Darfur
crisis.

...The Chinese however promised to press European countries not to stand in the
way of a UNSC resolution suspending Al-Bashir’s indictment.

However it seems unlikely at this point that any such attempt would bear fruit
given Western resistance to a deferral because of credible action by Khartoum on
some issues.

Some observers have pointed out that Beijing will be in a difficult position if
ICC judges endorse charges against Al-Bashir which includes genocide.”

vii. “China signals it will not introduce resolution to defer Bashir
indictment,” Sudan Tribune, 3 November 2008,
http://www.sudantribune.com/spip.php?article29137

“A senior Chinese official suggested that his country has no plans to introduce
a UN Security Council (UNSC) resolution suspending the indictment by the
International Criminal Court (ICC) of president Omer Hassan Al-Bashir.

´I want to point out that China undertook diligent efforts to overcome the ICC
crisis and we maintained contacts with major Western capitals. All these
initiatives are for the sake of avoiding any obstacles to the peace process in
Darfur´ Guijin said.”

viii. “US praises Sudan for speeding Darfur peacekeeper roll-out,” Reuters, 3
November 2008, http://africa.reuters.com/wire/news/usnB183509.html

“A senior U.S. official on Monday praised Sudan for speeding up the deployment
of peacekeepers in Darfur but stopped short of saying it had done enough to win
support over a war crimes probe.

The top U.S. diplomat for African, Jendayi Frazer, struck a rare positive note
saying Khartoum had shown ´energy´ and more flexibility in getting
international troops into Sudan's violent west.

But the United States still needed to see more action on the ground to resolve
the five-year conflict, Frazer told reporters at the end of a two-day trip to
Sudan.

Mostly non-Arab rebels took up arms against the government in Darfur in 2003,
accusing it of neglect. Khartoum moved to crush the rebellion by mobilising
mostly-Arab militias that have since been accused of murder, rape and other
rights abuses.

In July, the chief prosecutor of the International Criminal Court asked judges
to issue an arrest warrant for Sudan's president Omar Hassan al-Bashir, accusing
him of orchestrating genocide and other war crimes in Darfur.

Sudan has since stepped up diplomatic efforts to persuade members of the U.N.
Security Council to use its powers to postpone the global court's action.

Frazer said the United States had seen ´a certain energy´ from Sudan since the
ICC move.

... Asked whether the increased cooperation was enough for the United States to
support a postponement of the ICC case, she said Washington still wanted to see
better humanitarian access in Darfur and serious talks to end the fighting."

VII. OPINION ARTICLES

i. “The "News" of an Arrest in Sudan,” UN Dispatch, 14 October 2008,
http://www.undispatch.com/archives/2008/10/the_news_of_an.php

When I saw news reports that the government of Sudan had "arrested" a militia
leader indicted by the International Criminal Court over a year ago, I confess
that I was at first optimistic -- perhaps this was a sign that Khartoum, not
wanting to give up its president, was actually considering real concessions.
Fortunately, I also read Opinio Juris, where Kevin Jon Heller has helpfully
exposed what turned out to be some rather lazy journalism on the part of the BBC
and The New York Times. The wanted man, known as Ali Kushayb, may or may not be
"in custody," as the headlines proclaim; what the reports neglect to mention is
that Sudan has been trumpeting Kushayb's detainment for over two years now.

To be fair, the usually reliable Jeffrey Gettleman did include -- albeit buried
near the end of the article -- a quotation from a Darfur analyst skeptical that
this "news" amounted to anything more than "another ploy by Khartoum to buy some
time." However, Gettleman should have expounded more on his Sudanese government
source's reiterated refusal to hand Kushayb over to the ICC, as well as his
revealing comment that Sudan was still "investigating [Kushayb] to see if he has
committed crimes in Darfur or not." Without an actual intention to relinquish
Kushayb, Sudan's judicial processes are simply operating as usual, meaning that
little has changed, and there is no real "arrest" to report.

The British -- whom some have criticized, along with the French, as possibly
overly willing to suspend ICC jurisdiction in Sudan -- have recently specified
quite vigorously that any suspension would require Sudan to issue not "just nice
words...[but] a whole set of really bold actions." Announcing the arrest of an
indicted war criminal who may or may not have been in custody for over two years
does not exactly amount to a "bold action."

ii. “Darfur Killings Soften Bush's Opposition to International Court,”
Washington Post, 12 October 2008,
http://www.washingtonpost.com/wp-dyn/content/article/2008/10/11/AR2008101101964.
html

“As his administration draws to a close, President Bush appears to be backing
down from his long-held and fierce opposition to the International Criminal
Court, an institution the president and his top advisers have rejected as a
possible forum for frivolous cases against U.S. military and civilian officials.

The shift is related to what may be an even greater imperative for Bush:
bringing to justice the perpetrators of what the president has labeled
"genocide" in Darfur.”

iii. “The people of Darfur support The Chief Prosecutor of The International
Criminal Court Mr. Moreno-Ocampo in the indictment of Sudanese president Omar
Hassan el Bashir,” Borglobe.com, 1 November 2008,
http://www.borglobe.com/darfur-1/1421-the-people-of-darfur-support-the-chief-pro
secutor-of-the-international-criminal-court-mr-moreno-ocampo-in-the-indictment-o
f-sudanese-president-omar-hassan-el-bashir.html

“Your Excellency The Chief Prosecutor,The signatories to this letter are
representatives of the people of Darfur in Diaspora. The few who have assembled
here today, from different parts of the globe, would like to express their
utmost gratitude and emphatic support to the work of the International Criminal
Court in pursuit for justice particularly for the innocent Darfuris who have
endured a bitter experience of state sponsored atrocities for quite a long
time.”

***********
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