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Darfur: ICC Prosecutor Eighth Address to Security Council

03 Dec 2008

Dear all,

On 3 December 2008, ICC Prosecutor Luis Moreno-Ocampo briefed the United Nations Security Council on the Court's investigation in Darfur, Sudan.

In compliance with UN Security Council Resolution 1593, through which the situation in Darfur was referred to the Court, the ICC prosecutor is required to report to the Council every six months regarding progress in the investigation.

This is the prosecutor's eighth report to the Council and updates progress in the Darfur investigation since the prosecutor's last report to the Council on 3 June 2008.

In this digest you will find the CICC media advisory; a press release from the ICC Office of the Prosecutor; links to the ICC prosecutor’s statement to the Council and his eighth report; CICC member statements; and media coverage including an op-ed by New York Times columnist Nicolas Kristof.

Government statements made today in response to the prosecutor's address will be posted as they are made available to http://coalitionfortheicc.org/?mod=res1593

The speaking order for Council members reacting to the prosecutor's statements was as follows: Libya, Belgium, France, China, Russian Federation, Italy, Burkina Faso, Costa Rica, Indonesia, United States of America, South Africa, Panama, United Kingdom, Vietnam and Croatia.

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. CICC MEDIA ADVISORY

“ICC Prosecutor Calls for Increased Cooperation from Sudanese and other Governments to Ensure Arrests in Darfur: Prosecutor’s Eighth Report to UN Security Council Details Case against Sudanese President and recent Haskanita Application,” 3 December 2008, http://www.coalitionfortheicc.org/documents/CICC_Advisory_8OTP_Report_3_Dec_08_FINAL.pdf

“On 3 December 2008, the Prosecutor of the International Criminal Court Mr. Luis Moreno-Ocampo gave his statement to the United Nations Security Council on the Court’s investigation in Darfur, Sudan.

The situation in Darfur was referred to the ICC by the Council through Resolution 1593, which obligates the prosecutor to report to the Council every six months. This is the eighth report of the ICC prosecutor to the UN Security Council.

In his latest report, the prosecutor detailed his case against Sudanese President Omar Hassan Ahmad Al-Bashir, elaborating on the president’s individual criminal responsibility for the atrocities in Darfur. The report also discusses the prosecutor’s recent request for arrest warrants for three rebel commanders and their forces accused of war crimes during a 29 September 2007 attack against peacekeeping personnel of the African Union Mission in Sudan (AMIS) who were stationed at the Military Group Site Haskanita, Umm Kadada Locality in north Darfur.

In his statement to the Council, the prosecutor reiterated the urgent need to ensure the prompt arrest and surrender of Ahmad Harun and Ali Kushayb per the ICC arrest warrants issued for the two on 27 April 2007.

The report maintains that all three of the prosecution’s cases remain admissible as there are no proceedings in the Sudan against Harun, Kushayb, Bashir or the three rebel commanders cited in the Haskanita attack. In addition, the ICC Office of the Prosecutor made clear that it continues to monitor ongoing crimes in Darfur.

Following are important excerpts from the report (noted by paragraph number):

Full-text of report available at:
http://www.icc-cpi.int/library/organs/otp/8thUNSCreportsenttoUN-ENG.pdf

On the need for government cooperation with the Court:

15. States must also prepare for the Judges' upcoming decision in the case of The Prosecutor vs Al Bashir. In the event of the issuance of an arrest warrant, the Sudan as the territorial State must arrest and surrender him. Moreover, all UN Member States must uphold UNSCR 1593 and ensure the implementation of the Court's decision.

21. …[T]he Council, States, the UN and regional organizations in accordance with UNSCR 1593 must act to ensure such arrests by severing all non essential contact with individuals indicted by the Court; by denying such individuals any political and economic support including by way of adopting individual travel bans and the freezing of personal assets.

16. Regarding the Haskanita case, the Prosecution has noted the statements by five rebel groups which are party to the conflict that they will cooperate fully with the Court.

85. President Al Bashir, personally or through his subordinates, claims that the Court is attacking Africa, affecting peace, and affecting victims and international personnel as there could be retaliation against them if he is indicted. The facts are that victims of crimes committed in Darfur are 3 million African citizens; that justice will promote peace in Darfur, as determined by UNSCR 1593, reasserted in Presidential Statement 21 of June 2008; UNAMID, for all its efforts, cannot bring safety to civilians when the most serious perpetrators still hold official positions in Khartoum, and continue to implement a criminal strategy. Finally, threats against victims, peacekeepers and aid workers should be seen for what they are - criminal intent - and not rewarded with promises of impunity.

On the case against Al-Bashir:

25. Mr. Al Bashir as President of the Republic of the Sudan and Commander in Chief of the Armed Forces exercises both de jure and de facto authority. He provided strategic directions to the operations against the civilians in Darfur. While he delegated authority to his subordinates, supreme responsibility was always his. He ensured the coordination of operations through the State administration and through Locality and State Security Committees reporting to him. He participated personally in the recruitment and direction of Militia/Janjaweed incorporated into reserve forces. The events that occurred in Darfur, in particular their scale, their systematic and planned nature could not have occurred without his approval and will.

43. President Al Bashir's forces and agents killed outright at least 35,000 civilians in attacks on villages. With the conditions imposed during displacement and in the camps by his forces and agents, the international community has already witnessed the "slow death" of between 80,000 and 265,000 people. And it continues.

48. His control of the state apparatus as reflected in the formal hierarchy is reinforced in fact by an elaborate network of reporting lines He regularly receives reports of the crimes committed from Ministers, Governors, military officers and Militia/Janjaweed. The acts of destruction are committed because President Al Bashir so intends.

On the Haskanita application:

55. Intentionally directing attacks against personnel and property involved in a peacekeeping mission in accordance with the UN Charter are war crimes, as long as the personnel and property are entitled to the protection given to civilians and civilian objects under international humanitarian law. AMIS was a peacekeeping mission authorized in accordance with the Charter through UNSCR 1556 of 30 July 2004 and subsequent resolutions. The purpose of AMIS was “to monitor and observe compliance with the Humanitarian Ceasefire Agreement of April 8, 2004 and all such agreements in the future, to assist in the process of confidence building, and to contribute to a secure environment for the delivery of humanitarian relief and, beyond that, the return of IDPs and refugees to their homes, in order to assist in increasing the level of compliance of all Parties with the HCA and to contribute to the improvement of the security situation throughout Darfur.” AMIS personnel were not participating in any combat activity at the time of the attack.

On the ongoing crimes:

66. Finally, the Office is monitoring statements potentially inciting to violence such as that of Sudanese Presidential Adviser Bona Malwal on 25 July, in reference to peacekeeping forces, that "We are telling the world that with the indictment of our president al-Beshir we can’t be responsible for the well-being of foreign forces in Darfur." UN Special Representative for Sudan, Ashraf Qazi, reported to the Security Council on 18 August that the Government had conveyed that the issuance of an arrest warrant against President Bashir could have serious consequences for UN staff and infrastructure in Sudan. At a session of the solutions committee of the Darfur People’s Initiative Adam Hamid Musa, recent governor of South Darfur, announced and threatened that there will be “more genocide like it has not seen before by anyone”, if Bashir is indicted. President Bashir himself said in an official televised speech on the Prosecution’s case that “we are not looking for problems, but if they come to us then we will teach them a lesson they won’t forget.”

On the admissibility of the ICC case:

70. Furthermore, it is the responsibility of the GoS, or the individual concerned, should they assess that such national investigation or prosecution exist, to come to the ICC and challenge the admissibility of the case. This cannot be done through the media or through the reports of intermediaries. It can only be done through proper legal channels. Finally, the decision rests with the ICC Judges.

[…]”

II. ICC MEDIA ADVISORY AND LINKS TO PROSECUTOR'S REPORT AND STATEMENT, WITH EXCERPTS

These documents have been produced by the ICC- OTP. The CICC Secretariat distributes them as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. These documents do not reflect the views of the CICC as a whole or its individual members.

i. “ICC Prosecutor: States must gear up for arrests,” ICC-OTP Press release, 3 December 2008, http://www.icc-cpi.int/press/pressreleases/453.html

Media advisory available in English, French and Arabic.

“Today, in his briefing to the United Nations Security Council on the situation in Darfur, ICC Prosecutor Luis Moreno-Ocampo called on States to prepare themselves ‘sooner rather than later’ for the decision of the Judges on President Omar Hassan Al Bashir of the Sudan.

‘Massive crimes are being committed in Darfur now; they are taking place because President Bashir wills them to take place’ said the Prosecutor.

‘What can UNAMID do when those controlling its deployment are the same people ordering the crimes? How long are we going to just tally the casualties, the displacements and the rapes?’ he asked.

‘If Security Council members can act together, the crimes will stop and millions of lives will be saved. If different interests prevent a strong and consistent position in support of the Court’s decisions, if they give room to false promises, rapes will continue, destruction will continue. An opportunity is coming. A united Security Council can make a difference’ said the Prosecutor.

Last June, Presidential Statement 21 was a strong message that the UNSC is united in its efforts to bring justice to the people of Darfur. The future of the Darfuris depends on the ability of the Council to move forward together. Members must as a matter of urgency agree on a course of action.

The Prosecutor recalled the Council’s resolution of August 2003 relating to the Ad Hoc Tribunals, noting full cooperation by all States as an essential prerequisite to achieving their objectives, and outlining a number of measures to actively target those who obstruct the arrest of indicted criminals.

Similar action must be considered in the upcoming months in order to ensure the implementation of all the Court’s arrest warrants in relation to Darfur. The Prosecutor stressed that consistent support for the enforcement of the Court’s decisions is required in any bilateral or multilateral activity.

‘No political support, no financial aid should be provided to those individuals subject of an arrest warrant or those protecting them. For those assisting the indictees, individual travel bans and freezing of assets should be considered as appropriate’ he said.

The Prosecutor urged States to sever any individual non-essential contacts with indictees.

‘An indicted person travelling on the territory of an UN member State should be arrested and surrendered to the Court. There is no immunity on account of rank or official position for those identified by the judges of the International Criminal Court as responsible for war crimes, crimes against humanity or genocide’ he added.

As the Security Council stated in June, the Government of Sudan and all other parties to the conflict in Darfur shall co-operate fully with and provide any necessary assistance to the ICC and the Prosecutor.

The International Criminal Court is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes if national authorities with jurisdiction are unwilling or unable to do so genuinely. The Office of the Prosecutor is currently investigating in four situations: The Democratic Republic of Congo, Northern Uganda, the Darfur region of Sudan, and the Central African Republic, all still engulfed in various degrees of conflict with victims in urgent need of protection.”

ii. “Eighth Report of the Prosecutor of the ICC to the UN Security Council Pursuant to UNHSCR 1593 (2005), The Office of the Prosecutor, 3 December 2008.

English: http://www.icc-cpi.int/library/organs/otp/8thUNSCreportsenttoUN-ENG.pdf
French: http://www.icc-cpi.int/library/organs/otp/8thUNSCreportsenttoUN-FRA.pdf
Arabic: http://www.icc-cpi.int/library/organs/otp/8thUNSCreportsenttoUN-ARA.pdf
Spanish: http://www.icc-cpi.int/library/organs/otp/8thUNSCreportsenttoUN-ESP.pdf

iii. “Statement to the United Nations Security Council on the situation in Darfur, the Sudan, pursuant to UNSCR 1593 (2005),” 3 December 2008, http://www.coalitionfortheicc.org/documents/iccProsecutorStatementUNSC_3dec08.pdf

English: http://www.icc-cpi.int/library/organs/otp/8thUNSCreportsenttoUN-ENG.pdf
French: http://www.icc-cpi.int/library/organs/otp/8thUNSCreportsenttoUN-FRA.pdf
Arabic: http://www.icc-cpi.int/library/organs/otp/8thUNSCreportsenttoUN-ARA.pdf
Spanish: http://www.icc-cpi.int/library/organs/otp/8thUNSCreportsenttoUN-ESP.pdf

Some key paragraphs include the following:

“[…] 15. States must also prepare for the Judges' upcoming decision in the case of The Prosecutor vs Al Bashir. In the event of the issuance of an arrest warrant, the Sudan as the territorial State must arrest and surrender him. Moreover, all UN Member States must uphold UNSCR 1593 and ensure the implementation of the Court's decision.

16. Regarding the Haskanita case, the Prosecution has noted the statements by five rebel groups which are party to the conflict that they will cooperate fully with the Court. […]

On case against Sudanese President Omar Hassan Al Bashir:

[…] 21. The Prosecution emphasizes that execution of arrest warrants requires concrete decision-making. The GoS, as the territorial State, has the legal duty and the capacity to execute the warrants. But the Council, States, the UN and regional organizations in accordance with UNSCR 1593 must act to ensure such arrests by severing all non essential contact with individuals indicted by the Court; by denying such individuals any political and economic support including by way of adopting individual travel bans and the freezing of personal assets.

[…] 25. Mr. Al Bashir as President of the Republic of the Sudan and Commander in Chief of the Armed Forces exercises both de jure and de facto authority. He provided strategic directions to the operations against the civilians in Darfur. While he delegated authority to his subordinates, supreme responsibility was always his. He ensured the coordination of operations through the State administration and through Locality and State Security Committees reporting to him. He participated personally in the recruitment and direction of Militia/Janjaweed incorporated into reserve forces. The events that occurred in Darfur, in particular their scale, their systematic and planned nature could not have occurred without his approval and will.

[…] 43. President Al Bashir's forces and agents killed outright at least 35,000 civilians in attacks on villages. With the conditions imposed during displacement and in the camps by his forces and agents, the international community has already witnessed the "slow death" of between 80,000 and 265,000 people. And it continues.

44 Charges of crimes against humanity have also been brought to represent the full extent of criminal activity in Darfur since 2003.

Murder, rape, forcible displacement and extermination were committed against Fur, Masalit, Zaghawa and smaller ethnic groups such as the Tunjur, Erenga, Birgid, Misseriya Jebel, Meidob, Dajo and Birgo.

[…] 48 President Al Bashir committed the crimes through members of the state apparatus, the army and the Militia/Janjaweed. He is President of the Republic of the Sudan, Head of the National Congress Party and Commander in Chief. He appoints the Governors of all the States of the Sudan. He sits at the apex of, and personally directs, the State's hierarchical structure and the integration of the Militia/Janjaweed within.

49 President Al Bashir ordered the incorporation of the Militia/Janjaweed into reserve forces while maintaining the illusion of their autonomy and disguising the conflict as a tribal one that had nothing to do with State forces. This illusion, together with the reality of his control over their acts, helped him to conceal his criminal responsibility and to carry out genocide in the face of international scrutiny.

50. His control of the state apparatus as reflected in the formal hierarchy is reinforced in fact by an elaborate network of reporting lines He regularly receives reports of the crimes committed from Ministers, Governors, military officers and Militia/Janjaweed. The acts of destruction are committed because President Al Bashir so intends.

On Haskanita application:

[…] 52. The Prosecution has concluded its third investigation into the Darfur case. The application in relation to the attack on the AU Haskanita base was presented to the Judges of the Pre-Trial Chamber on November 20. The Prosecution has requested the issuance of arrest warrants for the war crimes of violence to life, intentionally directing attacks against personnel, installations, material, units or vehicles involved in a peacekeeping mission, and pillaging under Art. 8 (2) of the Rome Statute.

53. The crimes charged focus on an unlawful attack carried out on 29 September 2007 by three rebel commanders and their forces against the African Union Mission in Sudan (AMIS) peacekeeping personnel, installations, material, units and vehicles, stationed at the Military Group Site Haskanita, Umm Kadada Locality, North Darfur.

57. Five rebel groups, parties to the conflict, Sudan Liberation Army (SLA)/Abdel Wahid, SLA Abdul Shafie, SLA/Unity, United Resistance Front
(URF) and Justice and Equality Movement (JEM), publicly affirmed since 20 November their intention to cooperate with the ICC even if individuals in their ranks were sought by the Court for the Haskanita attack or other alleged crimes.

On Cooperation

[…] 82. Since 2005, the Office had endeavoured to establish a working relationship with the GoS and noted in its 2007 application to the Judges and in previous reports to the Council that the Sudan had provided a degree of cooperation. Since the issuance of the arrest warrants in 2007, that cooperation no longer exists.

[…] 85. President Al Bashir, personally or through his subordinates, claims that the Court is attacking Africa, affecting peace, and affecting victims and international personnel as there could be retaliation against them if he is indicted. The facts are that victims of crimes committed in Darfur are 3 million African citizens; that justice will promote peace in Darfur, as determined by UNSCR 1593, reasserted in Presidential Statement 21 of June 2008; UNAMID, for all its efforts, cannot bring safety to civilians when the most serious perpetrators still hold official positions in Khartoum, and continue to implement a criminal strategy. Finally, threats against victims, peacekeepers and aid workers should be seen for what they are - criminal intent - and not rewarded with promises of impunity. ..”

III. MEMBER, AFFILIATE STATEMENTS

i. “ICC Prosecutor’s report to the UNSC: Ongoing crimes and impunity endanger peace, not justice,” FIDH, 3 December 2008, http://www.fidh.org/spip.php?article6080

“FIDH welcomes the report presented today by the Prosecutor of the International Criminal Court (ICC) to the United Nations (UN) Security Council, on the latest developments of its investigation in relation to the situation in Darfur, Sudan; and underlines the importance of justice on the road to peace, condemns assaults against human rights defenders and supports the Prosecutors’ call for targeted sanctions against individuals blocking his investigation.

In his report, the Prosecutor recalls his request to the ICC judges that an arrest warrant be issued for the President of Sudan Omar al Bashir. The report elaborates on Bashir’s personal implication in the development and execution of a plan designed to attack civilians in Darfur. “The events that occurred in Darfur, in particular their scale, their systematic and planned nature could not have occurred without his approval and will”, insisted the Prosecutor. “He ensures that all components of the GoS [Government of Sudan], the Armed Forces and the Militia/Janjaweed work together [...]
Instead of investigating and punishing the perpetrators of genocide, President Al Bashir conceals the crimes.”

The report similarly recalls the application for arrest warrants for three rebel commanders, who are allegedly responsible for the attack against the African Union Mission in Sudan’s (AMIS) peacekeeping forces, carried out in Haskanita in September 2007. FIDH underscores that an attack against peacekeepers constitutes a clear attack against the civilian population those forces are mandated to protect.

Finally, the Prosecutor underlines the ongoing commission of crimes in Darfur, a situation confirmed by FIDH. “The situation is absolutely dramatic: civilians, as well as peacekeeping and humanitarian personnel continue to be the target of attacks,” said Souhayr Belhassen, President of FIDH. “The security Council must react to this report by fully supporting the ICC actions, and also, as the ICC Prosecutor suggested, by considering imposing sanctions.”

The report comes in the context of President Bashir’s efforts to obtain a suspension of the ICC investigation in Darfur, under the pretext that the ICC actions could threaten peace and security in the region, and that Sudan could initiate national proceedings to try those responsible for the crimes. However, the Prosecutor’s report confirms findings according to which none of this is true: it is the commission of crimes and not the ICC that threaten peace and security; and the government of Sudan has undertaken no efforts to hold perpetrators to account for crimes committed in Darfur.

As the Prosecutor noted, two ICC arrest warrants issued in April 2007 are still pending execution by the Government of Sudan.
FIDH highlights the Prosecutor’s condemnation of attacks against human rights defenders and individuals suspected of having collaborated with the ICC. We deplore this new tactic employed by the Sudanese Government, which is used as a pretext to further repress human rights defenders. This trend manifestly shows not only that Sudan does not have any will to prosecute crimes under the ICC jurisdiction, but also that it is ready to violate the most fundamental human rights in the hope of putting further obstacles to the ICC investigation.

FIDH recommends that the Security Council:
• Continue to support the ICC actions in relation to the situation which it referred to the Court, including by disregarding the Sudanese Government’s call for a deferral of the investigation under article 16 of the Rome Statute.
• Issue a resolution taking note of the Prosecutor’s report, expressing support for its activities and calling for the immediate execution of the outstanding arrest warrants.
• Consider imposing targeted sanctions designed to restrict the travel and freeze the assets of individuals, groups, or organisations assisting the indictees to continue to evade justice.
• Condemn the harassment of and physical assault against human rights defenders and individuals suspected of having collaborated with the ICC investigation.…”

ii. “Letter to the UN Security Council Members on Situation in Darfur,” Darfuri Leaders Network [Signed by leaders of Darfuri Diaspora Organizations and Communities], 2 December 2008,
Please see PDF at:
http://www.coalitionfortheicc.org/documents/Darfuri_Leaders_Network_2_Dec_08eng.pdf

IV. MEDIA COVERAGE OF PROSECUTOR REPORT TO THE UN SECURITY COUNCIL

i. “Security Council must act if arrest warrant is issued for Sudan leader – prosecutor,” UN News Center, 3 December 2008, http://www.un.org/apps/news/story.asp?NewsID=29174&Cr=darfur&Cr1=bashir#

“The prosecutor of the International Criminal Court (ICC) today called for concerted action by the Security Council to enforce any arrest warrant against Sudanese President Omar al-Bashir for allegedly committing war crimes, crimes against humanity and genocide in Darfur if the judges issue one.

‘Genocide continues. Rapes in and around the [internally displaced persons’] camps continue. Humanitarian assistance is still hindered. More than 5,000 displaced persons die each month,’ ICC Prosecutor Luis Moreno-Ocampo said in a briefing on the west Sudanese region...

‘The international community cannot conceal the crimes. President al-Bashir’s criminal actions should not be ignored, statements of ceasefire followed by bombings, denial of massive rapes or promises of justice while torturing the witness should not be supported,’ he added, citing numerous such examples that he said had occurred over the past year.
‘The international community cannot be part of any cover-up of genocide or crimes against humanity.’

... ‘The Council must be prepared. If the judges decide to issue an arrest warrant against President al-Bashir, there will be a need for united and consistent action to ensure its execution,’ he told the 15-member body, whose decisions are binding.
Asked at a news conference later what could be realistically expected if a warrant was issued, he replied: ‘Realistically, I think he will face justice, I don’t know if in two months, or two years.’ He said that in the case of a warrant, within Sudan it would be up to the courts to act, but Mr. al-Bashir would be arrested if he flew around the world.

...The prosecutor said three human rights defenders were arrested in Khartoum last week and tortured for giving information to the ICC and that so-called ‘suspected ICC witnesses’ are arrested and tried for treason...."

ii. “ICC Prosecutor urges UN members to implement decision on Sudanese leader,” African Press Agency, 3 December 2008,
http://www.apanews.net/apa.php?page=show_article_eng&id_article=82142

“In his briefing to the United Nations Security Council on the situation in Darfur on Wednesday, the Prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo called on states to prepare themselves ‘“sooner rather than later’” for the decision of the judges on President Omar Hassan Al Bashir of the Sudan.

‘Massive crimes are being committed in Darfur now; they are taking place because President Bashir wills them to take place,’ said the Prosecutor.

…’If Security Council members can act together, the crimes will stop and millions of lives will be saved. If different interests prevent a strong and consistent position in support of the Court’s decisions, if they give room to false promises, rapes will continue, destruction will continue. An opportunity is coming. A united Security Council can make a difference,’ said the Prosecutor.

The Prosecutor said last June, there was a strong message that the UN Security Council was united in its efforts to bring justice to the people of Darfur . The future of the Darfuris depends on the ability of the Council to move forward together. Members must as a matter of urgency agree on a course of action, he said.

Moreno-Ocampo recalled the Council’s resolution of August 2003 relating to the Ad Hoc Tribunals, noting full cooperation by all states as an essential prerequisite to achieving their objectives, and outlining a number of measures to actively target those who obstruct the arrest of indicted criminals.

The Prosecutor said similar action must be considered in the upcoming months in order to ensure the implementation of all the Court’s arrest warrants in relation to Darfur. He stressed that consistent support for the enforcement of the Court’s decisions was required in any bilateral or multilateral activity.

…. The Prosecutor urged states to sever any individual non-essential contacts with the indictees…”

iii. “Prosecutor warns UN to prepare for Darfur ruling,” AFP, 3 December 2008,
http://www.google.com/hostednews/ap/article/ALeqM5i0uIWDennHCCG6iaXhPgwQfpN_IwD94RBOPO0

“The chief prosecutor of the International Criminal Court cautions ‘it is time to be prepared’ for reprisals in Darfur if he obtains a warrant to arrest the Sudanese president on genocide charges.

Luis Moreno-Ocampo told the Security Council on Wednesday that President Omar al-Bashir has been "inciting violence" over the charges by making direct threats against civilians and U.N. peacekeepers.

The prosecutor said these should be considered direct challenges against U.N. authority and ‘a confirmation of criminal intentions’…."

iv. “ICC prosecutor warns UN against Sudan coverupcover-up,” Reuters, 3 December 2008,
http://africa.reuters.com/wire/news/usnN03327746.html

“The International Criminal Court prosecutor told the United Nations on Wednesday to be prepared to arrest Sudan's president on genocide charges and to guard against any coverup.

ICC judges in the The Hague are considering a request by the prosecutor, Luis Moreno-Campo, for a warrant against President Omar Hassan al-Bashir on the charges for crimes in the war-torn Darfur region. A decision is expected next month.

Moreno-Ocampo told the 15-nation U.N. Security Council it ‘must be prepared. If the judges decide to issue an arrest warrant against President al-Bashir, there will be a need for united and consistent action to ensure its execution.’

Moreno-Ocampo accused Bashir of promising ceasefires then ordering bombing raids in Darfur, of denying that mass rapes were taking place and of promising justice while torturing witnesses.

… Bashir's ‘criminal actions should not be ignored,’ the prosecutor said. ‘The international community cannot be part of any coverup of genocide or crimes against humanity.’

African and Arab states have criticized Moreno-Ocampo's attempt to bring Bashir before the ICC and suggested the Security Council should delay any proceedings.

…. Sudan's U.N. ambassador, Abdalmahmoud Abdalhaleem, accused Moreno-Ocampo of ‘political blackmail.’

‘He's increasingly transforming the ICC into a tool that has nothing to do with justice,’ Abdalhaleem told Reuters, adding that most countries in the world want the Security Council to suspend the investigation against Bashir….”

v. “Prosecutor warns UN to prepare for Darfur ruling,” Associated Press, International Herald Tribune, 3 December 2008,
http://www.iht.com/articles/ap/2008/12/03/news/UN-UN-International-Court-Darfur.php

“…. Luis Moreno-Ocampo's warning further underscored the ramifications if the independent Dutch-based court agrees with the evidence he presented in July alleging President Omar al-Bashir has been orchestrating atrocities in Sudan's Darfur region including the widespread rape and murder of civilians in refugee camps.

On Wednesday, in a briefing to the Security Council that authorized his investigation, Moreno-Ocampo charged al-Bashir has been ‘inciting violence’ over the genocide charges by making direct threats against civilians and African Union-U.N. peacekeepers operating under the council's authority.

It was the prosecutor's last council briefing before the court decides whether to issue a warrant for al-Bashir. A court decision is expected by early next year.

…. There has been some support, notably among China, Russia and African and Arab nations, for invoking the council's power to defer Moreno-Ocampo's prosecution for at least a year, out of fear that an attempt to arrest a sitting president could wreak further havoc in an already devastated and warring region.

….’We continue to hope that this council will take time, the necessary time, to have a discussion’ on deferring the prosecution, South African Ambassador Dumisani Kumalo told the council Wednesday.

‘We are not lawyers, we are not prosecutors,’ Kumalo added. ‘We sit here having to make decisions ... to balance the two things between the maintenance of international security and for fighting impunity.’

Such council voices, however, have so far been held to a minority.

‘We know there could be reprisals, the situation could get even worse,’ countered Costa Rica's Ambassador Jorge Urbina. ‘Night is never so dark as before the dawn. We can't have this arm wrestle between the council and the court and not allow responsibility to be taken for one's acts.’

Belgian Ambassador Jan Grauls said the council cannot allow itself to be ‘manipulated by blackmail’ by caving to al-Bashir's threats of more violence.

Rights groups welcomed the prosecutor's tough talk as a stern reminder to the international community it must not tolerate attacks or threats on the beleaguered AU-U.N. peacekeeping mission in Darfur, known as UNAMID, or on humanitarian aid workers or civilians in foreign embassies in Khartoum.

‘It's especially imperative that those states that are supportive of Khartoum — and I mean the People's Republic of China, Libya, the Russian Federation — take the opportunity to send that message very clearly today,’ said Richard Dicker, director of the International Justice Program at New York-based Human Rights Watch…”

vi. “UN urged to support Sudan arrest,” BBC News, 3 December 2008,
http://news.bbc.co.uk/2/hi/africa/7763527.stm

“The International Criminal Court (ICC) prosecutor has warned the UN Security Council not to shield Sudan's president if the court issues an arrest warrant.

…. Sudan has been campaigning for the UN Security Council to use its powers to suspend the ICC proceedings for a year.

Judges at the ICC are due to decide whether to issue an arrest warrant by the start of next year. Some fear that if the president's indictment proceeds it could derail peace efforts in the region.

The ICC prosecutor has said there are grounds to believe Sudan's president bears criminal responsibility on 10 counts of genocide, crimes against humanity and war crimes….”

See also:

http://english.aljazeera.net/news/americas/2008/12/2008123184933800548.html
http://voanews.com/english/2008-12-03-voa52.cfm
http://www.iht.com/articles/2008/12/03/opinion/edscheffer.php

V. EDITORIAL

“Arresting President Bashir,” 3 December 2008, by Nicholas Kristof (New York Times), http://kristof.blogs.nytimes.com/2008/12/03/arresting-president-bashir/?pagemode=print

“The chief prosecutor of the International Criminal Court, Luis Moreno Ocampo, briefed the U.N. Security Council today on his investigation of genocide in Darfur. ...[T]he court is expected to issue the arrest warrant in January or perhaps February, so he used his speech to urge the Security Council to get ready:

...An opportunity is coming. A united Security Council can make a difference. No political support, no financial aid should be provided to those individuals subject of an arrest warrant or those protecting them...

The Bush and Obama administrations need to work with other countries to prepare for the indictment. It’s absolutely certain that the court will issue the arrest warrant in some form. There is a possibility that the counts will not include genocide, but only crimes against humanity and war crimes, but in any case the arrest warrant is coming and we need to get ready. If we can ensure that there is a united front around the world — particularly including China and African countries — then Bashir will be out by spring. If, for example, China sent word that it wouldn’t transfer weapons to Sudan if its head of state were an indicted war criminal, then Sudan’s elites would quickly throw Bashir under the bus (and there are lots of rumors that such a step may be coming).
So lets hope that the indictment will be a step toward an end to the Darfur genocide, and that U.N. member countries will agree to cut ties with Bashir once he is indicted. We have a ray of hope in Darfur now, for the first time in a long while.”