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Darfur Media Digest, Part I: Reporting on Imminent Decision by ICC Judges regarding OTP Arrest Warrant Request for Sudanese President al-Bashir

10 Feb 2009

Dear all,

Please find below the first of a two-part message on the International
Criminal Court's investigation in Darfur, Sudan. This media digest
focuses specifically on the decision, expected soon, by ICC judges
regarding the prosecutor's request for an arrest warrant for Sudanese
President Omar Hassan al-Bashir.

This first message includes excerpts from key media reports on the
following topics: the reaction of Security Council members, the European
Union (I); the potential impact of an ICC warrant on peacekeeping
operations (II); efforts to avoid an ICC indictment (III); rebels to
help execute ICC warrant if needed (IV); Kushayb allegedly transferred
to Khartoum, opposition leader al-Turabi detained in Khartoum (V);
opinion articles and analysis (VI).

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,

CICC Communications

[email protected]

*********

I. REACTION OF SECURITY COUNCIL MEMBERS, EUROPEAN UNION

i. "Russia advises Sudan to continue dialogue with ICC even if Al-Bashir
is indicted," BBC News, 26 January 2009,

http://www.sudantribune.com/spip.php?article29973
<http://www.sudantribune.com/spip.php?article29973>

"Sudan must not close doors of dialogue even if the International
Criminal Court (ICC) issues an arrest warrant for President Umar Hasan
al-Bashir, a senior Russian official said today.

The newly appointed Russian envoy to Sudan Mikhail Margelov on his first
visit told reporters that to overcome the ICC row 'all doors must be
open'. Margelov met with a number of Foreign Ministry officials today to
discuss the Darfur conflict. He also received a briefing from Sudan
Justice Minister Abd-al-Basit Sabdarat on the situation in Darfur and
the Comprehensive Peace Agreement (CPA)...."

ii. "France's position on Sudan issues is 'fluctuating': official,"
Sudan Tribune, 19 January 2009,

http://www.sudantribune.com/spip.php?article29918
<http://www.sudantribune.com/spip.php?article29918>

"The Sudanese government today reiterated its criticism of France and
urged it to pressure a rebel leader residing on its territory.

Describing France's stance as 'seesawing' the Sudanese foreign ministry
spokesperson Ali Al-Sadiq said that Paris should force rebel leader
Abdel-Wahid Al-Nur to attend any upcoming peace talks.

.... Sudanese officials including president Omer Hassan Al-Bashir have
been frequently criticizing France particularly after failing to
convince the latter to support a suspension of charges made by the
International Criminal Court (ICC).

Al-Bashir has accused France of having a hidden agenda aiming at
toppling his government.

In December French president Nicolas Sarkozy warned Al-Bashir that he
has 'little time' to take bold steps that brings peace to the war
ravaged region of Darfur.

'Either he changes his attitude and the international community can hold
discussions with him, or he does not change his attitude and will have
to face up to his responsibilities, including before the International
Criminal Court' Sarkozy said in an address to mark 60 years since the
adoption of the UN rights declaration...."

iii. "China will respond 'appropriately' to ICC decision on Bashir
warrant: Official," Sudan Tribune, 18 January 2009,

http://www.sudantribune.com/spip.php?article29914
<http://www.sudantribune.com/spip.php?article29914>

"The Chinese government will respond appropriately to an arrest warrant
issued by the International Criminal Court (ICC) for Sudanese president
Omer Hassan Al-Bashir, its ambassador said today.

'China is in contact with all parties particularly since the UN Security
Council (UNSC) has a responsibility to preserve peace and political
solution in Darfur' the Chinese ambassador told reporters Li Chengwen at
the embassy.

'The P-5 members at the UNSC seek Sudan stability and solving the root
problems of Darfur' he said.

Asked whether his country will seek to block ICC indictment of Bashir
Lee said that China wants a political and peaceful settlement to the
Darfur conflict.

He further said that the right step is to encourage voluntary
repatriation of Darfur displaced through improving security and
development as well as creating a constructive environment through
dialogue to solve it the crisis...."

iv. "Sudan First VP pleads case against ICC arrest warrant for Bashir,"
Sudan Tribune, 14 January 2009,
http://www.sudantribune.com/spip.php?article29859
<http://www.sudantribune.com/spip.php?article29859>

"The Sudanese First Vice President Salva Kiir issued a stark warning of
the possible fallout from the indictment of president Omer Hassan
Al-Bashir by the International Criminal Court (ICC).

Kiir was speaking at the Saint Teresa Cathedral Kator in Juba last
Sunday revealed that he brought up the issue with US officials during
his visit earlier this month and with the UN Secretary General Ban
Ki-Moon.

....This is the first time Kiir speaks out strongly in public against
the ICC move. Southern Sudanese officials have in the past focused on
advising the ruling National Congress Party (NCP) to deal legally with
the court.

.... Kiir said that US officials turned down his plea for intervention
in stalling the ICC move telling him that 'they have influence' over The
Hague based court...."

v. "Al-Bashir indictment will affect Sudan's stability - charge d'
affaires," BBC News, 26 January 2009, [link not available]

"The Charge d'Affaires of Sudan's in Belgium, Hamdi Hasabal-Rasul
Uthman, warned of consequences if the International Criminal Court (ICC)
issued a decision against President of the Republic Field Marshal Umar
Al-Bashir.

This came when the Charge d'Affaires met Sunday [25 January] in Brussels
with the EU Special Representative for Sudan, Ambassador Torben Brylle.
Hamdi explained to the EU Ambassador that such decision will affect the
stability and security of the Sudan and would be of chaotic result and
would halt the development process...."

II. PEACEKEEPING OPERATIONS IN DARFUR AND THE ICC

"UN denies evacuation of its staff from Sudan," Sudan Tribune, 26
January 2009, http://www.sudantribune.com/spip.php?article29966
<http://www.sudantribune.com/spip.php?article29966>

"The United Nations Mission in Sudan has vehemently dismissed reports
published today by the local press speaking UNMIS decision to evacuate
its foreign staff if the International Criminal Court decide to issue an
arrest warrant for the Sudanese president.

The report which originally emanated from the Sudanese Media Service, a
news service sponsored by the security and intelligences services says
that the UNMIS Security coordinator had told the Sudanese staff they
would be evacuated with the foreign personnel outside the country if the
ICC decides to indict Al-Bashir.

'The UN Mission in Sudan is disappointed that some Sudanese daily
newspapers on Sunday reported that the Mission intends to evacuate
international and national staff members in reaction to a possible
decision from the CC,' worded a statement released today.

'These reports are inaccurate and misleading.'

The UNMIS reminded that it will continue to perform its mandate related
to the implementation of the Comprehensive Peace Agreement (CPA)
'regardless of any ICC decision'....."

III. EFFORTS TO AVOID ICC INDICTMENT

i. "Sudan to send Darfur traditional elders delegation to Hague over ICC
issue," Sudan Tribune, 26 January 2009,

http://www.sudantribune.com/spip.php?article29962
<http://www.sudantribune.com/spip.php?article29962>

"Sudan would send a delegation of Darfur traditional leaders to ask The
Hague based International Criminal Court (ICC) to not follow prosecutor
request and issue an arrest warrant for the Sudanese president Umar
Al-Bashir for crimes in Darfur.

Husayn Abu Sharati the spokesperson of the Internally Displaced People
[IDP] in Darfur and its Refugees in Chad told Sudan Tribune that the
delegation is composed of 36 people most of them are traditional leaders
from the three states of Darfur. He added they would leave on Sunday to
Khartoum and then they will fly to The Hague.

Abu Sharati, who described the delegation as government emanation, added
that the petition it intends to deliver to the ICC does not reflect the
conviction of Darfur people or represent them. He also accused the
authorities of blackmailing and pressing the people to force them to
sign it..."

ii. "Sudan slams UN envoy's assessment of likely consequences of
indictment", BBC News, 18 January 2009, [link not available]

Text of report by state-owned Sudanese radio on 18 January

"[Presenter] The official spokesman of the Ministry of Foreign Affairs,
Ambassador Ali al-Sadiq has affirmed the government's ability to provide
food, take care of the displaced and compensate for the inability of the
UN to provide humanitarian aid to the displaced and affected persons.

This came in response to the under-secretary-general for humanitarian
affairs and emergency relief coordinator, John Holmes' statement in
which he said that the government would not be able to feed its people
if the International Criminal Court [ICC] issued an arrest warrant
[against President Umar al-Bashir]. Holmes also expressed his fear on
the ramifications of the ICC decision against Sudan and that it could be
dangerous to the aid workers in Darfur..."

IV. REBELS TO HELP EXECUTE ICC ARREST WARRANT IF NEEDED

"Darfur peacekeepers: Government planes bomb town," Associated Press, 26
January 2009,

http://www.google.com/hostednews/ap/article/ALeqM5ieEEyf6_vAsXN8wcGI2JHc
FYn_iQD95U8RC00
<http://www.google.com/hostednews/ap/article/ALeqM5ieEEyf6_vAsXN8wcGI2JH
cFYn_iQD95U8RC00>

"Sudanese government planes have bombed a rebel-held town in southern
Darfur, killing a child, burning homes and sending civilians fleeing to
a peacekeepers compound, the peacekeeping force said Sunday.

The bombing on Saturday destroyed eight homes in the town of Muhajeria,
home to 30,000 residents, many of whom were displaced from previous
fighting, said Noureddine Mezni, spokesman for the U.N.-African Union
peacekeeping mission in Darfur.

...Darfur's many rebel groups and government troops have been vying for
control in the vast region before an expected decision by the
Netherlands-based International Criminal Court on whether to issue an
arrest warrant for President al-Bashir.

A prosecutor for the court has accused the president of orchestrating a
genocide campaign in Darfur. A Justice and Equality Movement official
said Sunday that the group would help arrest al-Bashir if a warrant is
issued.

'We, as a responsible movement, will try by all means to help the ICC
and international community by arresting al-Bashir and handing him over'
if he refuses to cooperate with the court, said Tahir al-Faki, a JEM
official in exile in Britain...."

V. KUSHAYB ALLEGEDLY TRANSFERRED TO KHARTOUM; OPPOSITION LEADER
AL-TURABI DETAINED IN KHARTOUM

i. "Darfur war crimes suspect transferred to Khartoum," Sudan Tribune,
18 January 2009,

http://www.sudantribune.com/spip.php?article29898
<http://www.sudantribune.com/spip.php?article29898>

"A Darfur war crimes suspect wanted by the International Criminal Court
(ICC) has been transferred to Khartoum according to a pro-government
newspaper.

The Akhir Lahza newspaper quoting sources at the justice ministry
sources said that militia commander Ali Mohamed Ali Abdel-Rahman, also
know as Ali Kushayb underwent investigation. However the sources said
that the outcome of the interrogation 'is inconclusive since they have
not been completed'.

The sources did not say why Kushayb was moved to the Sudanese capital
from the town of Nyala in South Darfur where he is believed to have been
held in custody.

The newspaper said that the Darfur special prosecutor Nimr Ibrahim
Mohamed will continue to hear witnesses' testimonies after returning
from Cairo where he will take part in a conference on crime prevention.

.... Sudan has appeared to be backing away from pledges made last August
to prosecute Kushayb soon...."

ii. "Sudan opposition leader accused of Darfur rebel links," Reuters, 19
January 2009,

http://news.yahoo.com/s/nm/20090119/wl_nm/us_sudan_opposition_darfur_1
<http://news.yahoo.com/s/nm/20090119/wl_nm/us_sudan_opposition_darfur_1>

"A detained Sudanese opposition leader could be tried over accusations
of supporting a Darfur rebel movement, state media reported Monday.

Hassan al-Turabi, an influential Islamist, was arrested last week after
calling on Sudan's president to surrender himself to the International
Criminal Court to face charges of orchestrating genocide in Darfur.

The Sudanese Media Center quoted an unnamed security source as saying
Turabi and his aides were supporting Darfur's insurgent Justice and
Equality Movement financially and logistically.

.... Members of his opposition Popular Congress Party said he was
arrested to silence him in the build up to a ruling from the
International Criminal Court on whether to issue an arrest warrant
against President Omar Hassan al-Bashir for alleged war crimes in
Darfur.

The U.S. Embassy in Khartoum Monday said it was 'concerned' about the
arrest of Turabi and another senior official from his party, adding
Sudan needed to respect freedom of expression in the build up to
elections planned in 2009...."

iii. "Sudan to try opposition leader within days," Sudan Tribune, 19
January 2009,

http://www.sudantribune.com/spip.php?article29905
<http://www.sudantribune.com/spip.php?article29905>

"The leader of the opposition Popular Congress Party (PCP), Hassan
Al-Turabi, detained without any charge since last Wednesday, will go on
trial within days.

Al-Turabi was taken into custody two days after a call to the Sudanese
president to assume his political responsibility on Darfur crimes and to
face the charges of genocide, crimes against humanity and war crimes
filed against him by the ICC prosecutor.

However since his arrest the security services didn't make a statement
indicating why Turabi, 76, has been detained.

According to the Kuwait news agency, the opposition leader is held on
charges of inciting JEM rebels to continue the escalation of violence in
Darfur and to incite members of his party to join the group...."

Also available at:

a. "Head of opposition brought to trial within days", Borgloble January
18 2009

http://www.borglobe.com/200901181953/politics-1/Head-of-opposition-broug
ht-to-trial-within-days-Sudan/menu-id-125.html?5e29647c293977af965708edc
8f8cba4=f46d6a40da8fc178a0b606eacb640add
<http://www.borglobe.com/200901181953/politics-1/Head-of-opposition-brou
ght-to-trial-within-days-Sudan/menu-id-125.html?5e29647c293977af965708ed
c8f8cba4=f46d6a40da8fc178a0b606eacb640add>

b. "Opposition leader accused of rebel links", IOL, January 19 2009

http://www.iol.co.za/index.php?set_id=1&click_id=136&art_id=nw2009011909
2803139C439011
<http://www.iol.co.za/index.php?set_id=1&click_id=136&art_id=nw200901190
92803139C439011>

iv. "Sudan arrests opposition leader Turabi," Agence France Presse, 14
January 2009,

http://www.google.com/hostednews/afp/article/ALeqM5g6Q-7G_wSxRRiHNfQL1vR
RD0j0uA
<http://www.google.com/hostednews/afp/article/ALeqM5g6Q-7G_wSxRRiHNfQL1v
RRD0j0uA>

"Sudanese security officers arrested iconic opposition leader Hassan
al-Turabi on Wednesday two days after he urged the head of state to
surrender to the International Criminal Court, family and staff said.

Although officers were not reachable for comment and relatives said no
reason was given for detaining Turabi and one of his chief lieutenants,
his son said he had been expecting arrest after his explosive statement.

Tensions are mounting in Sudan, with the government braced for a
decision from the International Criminal Court on whether to issue an
arrest warrant for President Omar al-Beshir over alleged crimes in the
Darfur region...."

Also available at:

a. "Sudan opposition leader detained", AP, January 15, 2009

http://iht.nytimes.com/articles/ap/2009/01/15/africa/AF-Sudan-Detained-D
issident.php
<http://iht.nytimes.com/articles/ap/2009/01/15/africa/AF-Sudan-Detained-
Dissident.php>

b. Deutsche Presse-Agentur, Sudanese opposition leader detained over war
crimes call, January 15 2009

http://www.earthtimes.org/articles/show/250682,sudanese-opposition-leade
r-detained-over-war-crimes-call.html
<http://www.earthtimes.org/articles/show/250682,sudanese-opposition-lead
er-detained-over-war-crimes-call.html>

c. REUTERS. "Political Foe of President in Sudan Is Arrested, His
Family Says", January 14, 2009

http://www.nytimes.com/2009/01/15/world/africa/15sudan.html?_r=1&ref=wor
ld
<http://www.nytimes.com/2009/01/15/world/africa/15sudan.html?_r=1&ref=wo
rld>

VI. OPINION ARTICLES AND ANALYSIS

i. "War crimes charges rattle Sudan," by Heba Aly (Christian Science
Monitor), 16 January 2009,
http://www.csmonitor.com/2009/0116/p07s01-woaf.html
<http://www.csmonitor.com/2009/0116/p07s01-woaf.html>

"The arrest late Wednesday night of veteran Sudanese opposition leader
Hassan al-Turabi, days after he called on Sudan's President Omar
al-Bashir to turn himself in to face war crimes charges, is an
indication of what may lie ahead in the capital, Khartoum.

The mood here has been growing increasingly tense since July, when the
chief prosecutor of the International Criminal Court (ICC) sought an
arrest warrant for Mr. Bashir on charges of genocide, war crimes, and
crimes against humanity for his role in the Darfur conflict, which has
killed up to 300,000 people and displaced close to 3 million others,
according to United Nations estimates.

People here have been bracing themselves for a number of possible
outcomes if the court decides to grant the warrant, as expected, in late
January or February. "Anything is possible," as one Western diplomat put
it.

Among the most pressing concerns is that an indictment of the
notoriously volatile country's sitting president could worsen the war in
the troubled Darfur region and jeopardize the tenuous peace between
Sudan's Arab-dominated north and its Christian and animist south..."

ii. "The ICC versus Sudan's Bashir: Who is winning the game And How
Hassan Al-Turabi Slapped Bashir in the face?" by Peter Kuot Ngong
(Borglobe News), 14 January 2009,

http://www.borglobe.com/200901141927/your-opinions-1/The-ICC-versus-Suda
ns-Bashir-Who-is-winning-the-game-And-How-Hassan-Al-Turabi-Slapped-Bashi
r-in-the-face/menu-id-143.html?5e29647c293977af965708edc8f8cba4=b2093c54
bd108f6a7827e2b6e4979469
<http://www.borglobe.com/200901141927/your-opinions-1/The-ICC-versus-Sud
ans-Bashir-Who-is-winning-the-game-And-How-Hassan-Al-Turabi-Slapped-Bash
ir-in-the-face/menu-id-143.html?5e29647c293977af965708edc8f8cba4=b2093c5
4bd108f6a7827e2b6e4979469>

"The recent release to the media from Mr. Hassan Al-Turabi's tongue has
convinced all the Sudanese and the whole world that Omar el Bashir's own
family members and friends have laid their hands off him. Bashir has at
the final point been forsaken and left for the International Criminal
Court to pick him up anytime they want as confirmed from Al-Turabi's
condemnation of the President (Bashir) in Khartoum.

Following the ICC decision to indict Mr. Bashir in July last year, many
anti-ICC organizations mounted up and condemned the decision. This gave
Bashir courageous nerve to gut out hot avowals condemning the ICC and
those that are behind its actions. Some of those anti-ICC organizations
that cheered Mr. Bashir included the African Union (AU), Oil ally China,
Arab Gulf states, Arab League and some African leaders who committed
them selves like the thrown out former South African President Thabo
Mbeki. All these called for the Security Council invoking of article 16
that dictate the ICC to suspend the case for at least a period of one
year. Now to my surprise all Bashir's backers are trickily performing a
rearward dance.

It is bolt from the blue hearing the way Mr. President (Bashir) has
lost his prime supports; the Arab League that has been seriously backing
Bashir has gone dead. The African Union that was worried about the
future of the country's peace process if ICC continues their aggression
on al Bashir has gone silent. The African leaders that were influenced
by Bashir's envoys to shield him from ICC have been hushed like bribed
police officers with the lead Thabo Mbeki tossed off his influential
position. All these have left Bashir in an outrageous situation.

All the above are less according to my scaling of Mr. Bashir's situation
as per now, but the most abominable action that has been moved against
him is the way his party,the National Congress party (NCP) is treating
him. In September last year, a meeting between the NCP's high ranking
members that included Bashir and Mohammed Taha resolved that the two
implementers of Bashir's Darfur genocide conspiracies who were first
targeted by the ICC be handed over. These included Bashir's state
Minister for Humanitarian Affairs Ahmed Haroun and the ruthless
Janjaweed militia leader Ali Mohamed Ali Abdel-Rahaman also known as Ali
Kushab. These two were to be handed over as sacrificial rams instead of
Bashir. The party sent a delegate to the ICC to query the Chief
Prosecutor Moreno Ocampo whether he will let go the master minder if the
implementers are handed over to him but all ended in vain when the ICC
lion turned down the offer and still insisted that he wants Bashir at
whatever cost...."

iii. "ANALYSIS-Sudan's north-south peace deal faces tough tests," by
Andrew Heavens and Skye Wheeler (Reuters), 8 January 2009,

http://www.reuters.com/article/vcCandidateFeed2/idUSL882543
<http://www.reuters.com/article/vcCandidateFeed2/idUSL882543>

"A series of political squalls on the horizon in Sudan this year
threaten to build into a perfect storm with the power to wreck a peace
deal between north and south.

While much attention has focused on the conflict in the western Darfur
region recently, the deal four years ago this Friday to end over two
decades of north-south war looks ever more shaky as promises made at the
time come due to be met.

Elections are scheduled by July ahead of a referendum on southern
independence by 2011. But core issues, such as the position of the
north-south border, have yet to be resolved.

Hanging over everything is whether President Omar Hassan al-Bashir will
face an arrest warrant from the International Criminal Court over
accusations of war crimes in Darfur.

Meanwhile, tumbling world oil prices will cut heavily into official
budgets in north and south, stifling the boom years that both have
enjoyed.

.... There are also pressures from outside the peace deal.

The most immediate is the decision from the International Criminal Court
over whether to issue an arrest warrant against Bashir. A decision by
the court's judges is expected within weeks.

If Bashir is indicted, it could certainly to cause a big flare-up in
fighting between Khartoum and the Darfur rebels, who also complain of
neglect by the central government.

That might mean a shift in the balance of north-south power and forces
too.

Then there is the new U.S. administration under Barack Obama, who has
yet to spell out whether he will continue to negotiate with Sudan as the
outgoing Republican administration has done or follow the more
confrontational lead of President George W. Bush's Democrat predecessor,
Bill Clinton.

Another big disruptive factor could be the economy given the tumbling
prices for the crude oil which accounted for more than 60 percent of
Sudan's exports last year.

Some commentators are still optimistic, saying the fact the deal has
even held this long is an achievement. About two million people are
thought to have been killed in the north-south conflict compared to
estimates of 200,000 dead for the war in Darfur since 2003...."

iv. "Darfur accountability sought; Network keeps track of lawmakers'
actions" by Zoe Sandvig (The Washington Times), 2 January 2009,
http://www.washingtontimes.com/news/2009/jan/01/darfur-accountability-so
ught/

"Four years ago, Mark Hanis 'didn't know if the Janjaweed militia was a
person, place or thing.' Today, the bearded 26-year-old heads the
Genocide Intervention Network (GI-Net), a savvy Washington-based
nonprofit dedicated to fighting genocide, particularly in Sudan.

Although he didn't learn about the Darfur region of Sudan until his
senior year at Swarthmore College, Mr. Hanis' ties to genocide run deep.
Four of his grandparents are Holocaust survivors.

..... GI-Net's Web site highlights Cabinet nominees Sen. Hillary Rodham
Clinton, New York Democrat, and Susan Rice. Mrs. Clinton, the secretary
of state-designate, co-sponsored the Darfur Peace and Accountability Act
of 2006, and Mrs. Rice has been outspoken about Darfur and promises to
make it a priority as the next U.S. ambassador to the United Nations.

The Darfur war began in 2003 in western Sudan and mainly pits the
Sudanese government and the Janjaweed, a militia group of Arab nomadic
tribes, against a variety of rebel groups recruited primarily from the
non-Arab farming tribes.

The Sudanese government and Janjaweed have been widely accused of mass
killings and rapes and of engineering famines in the rebel areas.
Estimates of the death toll by the United Nations and nongovernmental
organizations range from 200,000 to a million, with the U.S. Holocaust
Museum saying that 100,000 people are being killed in Darfur every year.

Sudanese President Omar Bashir had 10 war-crimes charges filed against
him in July at the International Criminal Court in The Hague - three
counts of genocide, five of crimes against humanity and two of murder.
An international arrest warrant could come soon....."

******
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