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Darfur: Information in Advance of the Announcement by the Pre Trial Chamber I

03 Mar 2009

Dear colleagues,

Tomorrow, March 4, the International Criminal Court (ICC) will be announcing the decision of the Pre-Trial Chamber I regarding the issuance of an arrest warrant for Sudanese President al-Bashir at 2 p.m. in The Hague (8 a.m. EST) during a press conference broadcast live on the Court's website.

In addition, the Coalition for the ICC is also holding a press briefing tomorrow at 10 a.m. EST which will be broadcast live on the UN Webcast site, www.un.org/webcast (Channel 2) at 10:00am. Briefing particpants include Richard Dicker from Human Rights Watch; Niemat Ahmadi from Save Darfur Coalition; and Tanya Karansios from the Coalition for the International Criminal Court to brief on the ICC's announcement.

In advance of the upcoming announcement, please find below our digest which includes information on the rally headed by President al-Bashir ahead the decision of the ICC; declarations by rebel groups and political parties in the Sudan; articles on how the UN is 'getting ready'for the imminent announcement; an analysis by the IWPR and several op-eds, including one by Archibishop Desmond Tutu in the New York Times, titled "Will Africa Let Sudan Off the Hook?".

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 Rodríguez-Pareja
CICC Communications
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I. ICC PRESS RELEASE ON BASHIR PRESS CONFERENCE

This document has been produced by the ICC. The CICC Secretariat distributes it as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. This document does not reflect the views of the CICC as a whole or its individual members.

Pre-Trial Chamber I's decision concerning President Al Bashir of Sudan to be announced during press conference on 4 March 2009, 02.26.2009, http://www2.icc-cpi.int/menus/icc/press and media/press releases/pre_trial chamber i’s decision concerning president al bashir of sudan to be announced during press.

"The decision of Pre-Trial Chamber I of the International Criminal Court with regard to the Prosecution application of 14 July 2008 for the issuance of a warrant of arrest against President Omar Al Bashir of Sudan will be announced during a press conference which will take place on 4 March 2009 at the seat of the Court. The press conference will start at 2 p.m."

Updated information on the press conference of 4 March 2009 on the decision of Pre-Trial Chamber I concerning President Al Bashir of Sudan," 03.03.2009, http://www2.icc-cpi.int/menus/icc/press and media/press releases/updated information on the press conference of 4 march 2009 on the decision of pre_trial chamber i c.

"After the press conference, which will be hosted by the Registrar of the Court, Ms Silvana Arbia, and the ICC Spokesperson, Ms Laurence Blairon, the Prosecutor, Mr. Luis Moreno-Ocampo, will also make a short statement in English and take some questions. It should be noted that the press conference will be broadcast live on the Court's website."


II. AL BASHIR SEEKS SUPPORT: INTERNAL SITUATION IN SUDAN

i. "Sudanese President Appeals for Support," AFP, 03.02.2009, http://www.thejakartaglobe.com/news/world/article/11661.html

"President Omar al-Bashir is seeking to rally the Sudanese people behind him ahead of a decision by the International Criminal Court on whether to seek his arrest for alleged war crimes in Darfur.... 'Where was international justice during the invasions of Iraq and Afghanistan, the bombing of Gaza and the crimes committed in the prisons of Guantanamo and Abu Ghraib?' Bashir demanded during a mass rally in Khartoum on Sunday.... Bashir made efforts to show him in a positive light after reports that The Hague-based ICC had decided to issue the warrant, which would be the first from the court against a sitting head of state."

ii. "Sudan ruling NCP says it is prepared for ICC decision," Sudan Tribune, 03.02.2009, http://www.sudantribune.com/spip.php?article30342

"The [NCP] announced today that it has taken a number of political, security and popular measures to confront a decision by the International Criminal Court (ICC) against the Sudanese president.... Al-Amin vowed to show the world 'immediate' response 'so that the world can see that we will not be taken by surprise or allow interference into our internal affairs.'"... "Furthermore the Sudanese defense minister Abdel-Rahim Mohamed Hussein speaking to the Martyrs organization said that the world 'will not turn upside down on Wednesday.'"

iii. "Darfur Rebel Chief Warns Sudan Not to Harm Civilians," AFP, 03.01.2009, http://www.easybourse.com/bourse-actualite/marches/darfur-rebel-chief-warns-sudan-not-to-harm-civilians-625996

"The head of Darfur's most active rebel group warned the Sudan government Monday against harming civilians, days ahead of an expected international court decision on whether to issue an arrest warrant for President Omar al-Bashir. Khalil Ibrahim...said that his troops would retaliate if reprisals were taken against the people of Darfur.
'If they harm civilians, JEM will react,' Ibrahim said. 'Even in Khartoum, JEM is ready to protect the civilians - it is our historical responsibility.'"

iv. "Darfur rebels vow full ICC cooperation ahead of ruling on Bashir case," Sudan Tribune, 03.02.2009, http://www.sudantribune.com/spip.php?article30331

"...[T]he Darfur rebel groups hail the ICC move against the Sudanese president saying it is a victory for the Darfuri people.... 'We are going to cooperate very closely with the ICC and we are going to work hand in hand with the ICC to reveal all the truth and to implement international justice in a manner that is going to be a good example for us in Darfur, in Sudan, in Africa' [Tag Al-Din Bashir] added. Asked whether they will hand over any of their commanders if they indicted the URF official responded 'it is not of the URF will hand them over, they will voluntarily go.' "

v. "Sudan's SPLM calls on government to deal wisely with ICC verdict," Radio Miraya FM, 03.01.2009.[link not available]

"The SPLM [Sudan People's Liberation Movement] called on the Government of National Unity to deal calmly and wisely with any decision made by the [ICC] ... While speaking to Miraya FM, the SPLM secretary-general, Pagan Amum, said that the current political situation makes it imperative for everyone, to deal calmly with the courts decision. Amum reiterated his urge for the government to cooperate with the International Criminal Court."

vi. "Rebels say Sudan militias to wreak chaos in Khartoum on Wednesday," Sudan Tribune, 03.01.2009, http://www.sudantribune.com/spip.php?article30337

"... [JEM] said yesterday [2 March] that the Sudanese paramilitary Popular Defence Force (PDF) plans to spread chaos in the capital and attack families of alleged supporters of the [ICC] on Wednesday, March 4. JEM said it received reliable information about plans by the PDF to target the families supporting ICC in reprisals for the expected arrest warrant of the Sudanese president.... According to the rebel movement, the decision was taken during a meeting of the PDF held this weekend in Khartoum. 'Mr. Kamal Abd-al-Latif, State Minister of the Ministerial Council ... vowed to repeat what he called 'Black Monday' in reference to the carnage that followed the tragic death of Dr Garang in 2005.'"

III. UN ANTICIPATES ANNOUNCEMENT

i. "UN fears violence if el-Bashir is charged," Peter Fabricius (Cape Argus), 03.01.2009, http://www.iol.co.za/index.php?set_id=1&click_id=68&art_id=vn20090301072258366C741470

"The UN is bracing itself for the Sudanese reaction to the arrest warrant.... In UN circles it is being said that the judges have already decided to press charges of war crimes and crimes against humanity but not genocide. The UN fears that, because the ICC is a sister body, Sudanese forces will wreak revenge against UN peacekeepers in Darfur as well as humanitarian aid workers... The tribunal has indicted 79 leaders of the genocide and has, or is, trying 55 of them. But 13 are still fugitives and Ban said he suspects that they are at large mainly in central and eastern Africa. He urged the governments and people of countries in these regions to hand them over to the ICC."

ii. "Media report about UN envoy in Sudan 'complete fabrication,' declares mission," UN News Center, 03.01.2009, http://www.un.org/apps/news/story.asp?NewsID=30053&Cr=Qazi&Cr1=

"The United Nations Mission in Sudan (UNMIS) has strongly protested a report in today's Al-Raed newspaper alleging that Special Representative Ashraf Qazi admitted that the Mission provided information about the country to the International Criminal Court. 'The report is a complete fabrication,' the Mission said in a statement issued in Khartoum, referring to the report headlined 'Qazi admits UNMIS provided information to the ICC about Sudan.'"

IV. VOICES ON THE EVE OF THE ANNOUNCEMENT

i. "US views the ICC warrant for Sudan's Bashir as his 'last chance'", Sudan Tribune, 1 March 2009, http://www.sudantribune.com/spip.php?article30329.

"The US is willing to consider supporting a suspension of International Criminal Court (ICC) move against Sudan president but views it his last chance according to a news report....A US official speaking to Los Angeles Times on condition of anonymity said that Washington plans to leverage on the expected arrest warrant for Bashir. 'They are going to use the arrest warrant like a loaded gun, but not fire it' the official said. 'It's a way to say, 'Here is your last chance'' he added.

...The US official told LA Times that if Sudan was to replace Bashir or agree to unspecified reforms then they will not block an Article 16 resolution...."

ii. "US evangelist to visit Sudan ahead of ICC decision," Sudan Tribune, 03.01.2009, http://www.sudantribune.com/spip.php?article30320

"The president of the international Christian relief organization Samaritan's Purse, Franklin Graham arrives Sunday in Sudan where he will meet US embassy officials and pastors in Khartoum, travel to an IDP camp in Darfur, and visit Juba for talks with Salva Kiir Mayardit, the president of Southern Sudan.... Graham and his father, evangelist Billy Graham, had personal access to former President George W. Bush and played a key role in urging Bush to engage in the peace process that led to Sudan's 2005 peace deal."

iii."Gulf council issues final communiqué on Sudan," BBC Monitoring Middle East, 03.02.2009, http://mohavestbank.portalvault.com/default.aspx?pageMode=control&pageModeType=NewsArticleControl&pageModeParam=&storyId=127093550

The GCC backs the efforts being made by the Arab League and the African Union
(AU) to defuse the crisis over the possible ICC arrest warrant," said a leading delegate.
Minister of Foreign Affairs Bin-Alawi cautioned that "the possible warrant could set a precedent in dealing with incumbent Arab leaders." The council stated its appreciation of Qatar's efforts to broker the deal between the Sudanese Government and the Justice and Equality Movement on February 17.


V. ANALYSIS

i. "Keeping a Lid on ICC Warrant Requests," Katy Glassborow (IWPR), 03.02.2009, http://www.iwpr.net/?p=acr&s=f&o=350604&apc_state=henh

"The ICC prosecutor Luis Moreno-Ocampo may in time regret his decision in July 2008 to ask judges publicly to issue an arrest warrant against the Sudanese president for ten counts of genocide, war crimes and crimes against humanity.... Ocampo might have been better advised to keep this request under wraps, as by alerting the world to his intentions he appears to have made the task of bringing Omar al-Bashir to justice harder than it might have been if an indictment had been prepared confidentially and then unsealed."

ii. "Les présidents poursuivis par la justice internationale," AFP, 03.02.2009, http://www.rtbf.be/info/les-presidents-poursuivis-par-la-justice-internationale-85489.

« The Sudanese President Omar al-Bashir, against whom the International Criminal Court (ICC) will allegedly issue an arrest warrant on Wednesday for war crimes, crimes against humanity and genocide in Darfur, is the fourth president in activity who will face international justice... »

Informal translation by the CICC.

iii. "Uncertainty as Sudan awaits president's arrest," Edmund Sanders (Los Angeles Times), 03.01.2009, http://www.latimes.com/news/la-fg-sudan1-2009mar01,0,2047459.story?track=rss

"The billboard in downtown Khartoum delivers a not-so-subtle message to passing cars: "A real Sudanese never stands against a president during his time of need," reads the text, under a picture of a smiling President ... Bashir.... Former U.S. envoy to Sudan Andrew Natsios questioned whether Sudan's ruling clique would respond to outside pressure. 'We are assuming that they will become more rational,' he said. 'But they become more inflexible, more confrontational and more brutal the more they are cornered.'... 'We could end up with another Rwanda or Somalia or Democratic Republic of Congo in which hundreds of thousands of people could be killed,' he said. 'We could end up with something much worse.'"

VI. OP-EDS

i. "Will Africa Let Sudan Off the Hook?" By Desmond Tutu (New York Times), 03.03.2009, http://www.nytimes.com/2009/03/03/opinion/03tutu.html?scp=1&sq=Will Africa Let Sudan Off the Hook&st=cse.

"THE expected issuance of an arrest warrant for President Omar Hassan al-Bashir of Sudan by the International Criminal Court tomorrow presents a stark choice for African leaders - are they on the side of justice or on the side of injustice? Are they on the side of the victim or the oppressor? The choice is clear but the answer so far from many African leaders has been shameful....

...The issuance of an arrest warrant for President Bashir would be an extraordinary moment for the people of Sudan - and for those around the world who have come to doubt that powerful people and governments can be called to account for inhumane acts. African leaders should support this historic occasion, not work to subvert it."

ii. "Put Peace Before Justice," by Franklin Graham (New York Times), 03.02.2009, http://www.nytimes.com/2009/03/03/opinion/03graham.html?_r=1&scp=1&sq=Franklin+Graham+sudan&st=nyt.

"IN 2001 a hospital operated by my relief organization in the southern Sudanese town of Lui was bombed nine times by forces of President Omar Hassan al-Bashir. Two years later, I had what would be my first of three meetings with Mr. Bashir, now one of the most wanted men on the planet. When I confronted him about these attacks he was fully aware of them. After our meeting they stopped. Mr. Bashir is rightly accused of great cruelty and destruction. But I have been able to deal with him.

...For all his faults, Mr. Bashir has demonstrated that he is able to cooperate. On several occasions he has complied with my requests. When a hospital we operated in eastern Sudan was seized by government forces, Mr. Bashir granted us limited access.

...More important, Mr. Bashir helped make the peace agreement a reality. Now, his arrest could threaten the south's elections and referendum, and hurl the country back into civil war. His removal could also spur retaliation by Bashir loyalists and other forces against civilians, United Nations peacekeepers or international aid workers.

...Ultimately, justice will be served by a power higher than the International Criminal Court. In the meantime, justice without peace would be a hollow victory."

iii. "Africa's 'Obama' School," Nicholas D. Kristof (New York Times), 25.02.2009, http://www.nytimes.com/2009/02/26/opinion/26kristof.html

"In the Djabal refugee camp for Darfuris, the school, once known as School No. 1, was renamed after the U.S. election. Students stand under a sign posted on the school's entrance that reads Obama in Arabic.

...It's a pathetic building of mud bricks with a tin roof, and the windows are holes in the walls, but it's caulked with hope that President Obama may help end the long slaughter and instability in Sudan.

...At the Obama School here in eastern Chad, the refugees are waiting to see if the school's namesake will resolutely back up the International Criminal Court. I'm betting that he will. In the last Congress, three of the strongest advocates for the people of Darfur were Senators Barack Obama, Joseph Biden and Hillary Rodham Clinton, and one of Washington's strongest advocates for action on Sudan was Susan Rice, who is now the ambassador to the United Nations.

...The students at the Obama School have nothing to keep them going but hope. Let's not disappoint them."

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