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Darfur, part II: Sudanese jailed for ICC support; decision said to be imminent; AU, China, US position on ICC

10 Feb 2009

Dear all,

Please find below the second of our two-part message on the
International Criminal Court's investigation in Darfur, Sudan. This
media digest focuses on the upcoming decision by ICC judges regarding
the prosecutor's requested arrest warrant for Sudanese President Omar
Hassan al-Bashir.

In this message, you will find excerpts from key media reports about the following topics: the jailing of a Sudanese man on charges of assisting the ICC (I); reaction from President al-Bashir (II); African Union Summit and Darfur (III); China's Hu Jintao support for Sudan (IV); decision said to be imminent (V); US Administration on the ICC (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. SUDANESE JAILED FOR 'SPYING'FOR THE ICC

i. "Sudanese jailed for 'spying' for war crimes court," AFP, 28 January 2009, http://www.google.com/hostednews/afp/article/ALeqM5i1r1shB0rc31de2YEdr9f
RVe7GNA

"A Sudanese man was jailed for 17 years on Wednesday on charges of
trying to help the International Criminal Court investigate a minister
suspected of war crimes in Darfur. Mohammed el-Sari is the first person to be convicted by a Sudanese court of trying to assist the ICC, a body which Khartoum does not recognise, and had faced a possible death sentence. He was arrested in June accused of trying to solicit information about special police in Darfur, men trained and paid by the government and supervised by current Minister of Humanitarian Affairs Ahmed Haroun. Last year, the ICC issued an arrest warrant for Haroun on 51 charges of war crimes and crimes against humanity allegedly committed in Sudan's western Darfur region in 2003 and 2004. Among the charges, which Haroun denies, were the alleged murder and rape of civilians in Darfur while he served as minister of state for the interior. The judge at the court in Khartoum North also found Sari guilty of spying and threatening national security.

.... Sari, who remained silent as the verdict was read out, has two
weeks to appeal. His three sisters who attended the hearing burst into
tears as the verdict was read out.

In July, ICC chief prosecutor Luis Moreno-Ocampo asked the court for an arrest warrant for President Omar el-Beshir himself on 10 counts of
genocide, crimes against humanity and war crimes in Darfur..."

ii. "Sudan convicts man of spying for war crimes court," International
Herald Tribune, 28 January 2009,
http://www.iht.com/articles/ap/2009/01/28/africa/AF-Sudan-War-Crimes.php

"A Sudanese man was convicted Wednesday of spying for the International Criminal Court ahead of its expected decision on whether to seek President Omar al-Bashir's arrest on charges of war crimes in Darfur.

Mohammed al-Sirri was convicted Wednesday of collecting and intending to leak police records and documents to the Netherlands-based court and was sentenced to 17 years in prison, Sudan's state-run news agency reported.

'If the international community needed one more proof that the Sudanese will not investigate and prosecute massive crimes committed in Darfur, this is it,' she said. 'Instead of collecting evidence, they intimidate, torture or convict anyone they suspect might be willing to give information on the crimes.'

The spokeswoman spoke on condition of anonymity, citing court
procedures.

The SUNA news agency said al-Sirri was linked to the international
court's case against Ahmed Harun - a Sudanese official who faces an
arrest warrant on charges of crimes against humanity for leading a local Arab militia against ethnic Africans in Darfur...."

iii. "Seventeen-year jail sentence for helping international court,"
RFI, 28 January 2009,
http://www.rfi.fr/actuen/articles/109/article_2759.asp

"A court in Sudan has sentenced a man to 17 years in prison for trying
to help the International Criminal Court (ICC) prosecute a minister
accused of war crimes in Darfur. Mohamed el-Sari, who escaped the death sentence, was the first person to be convicted for collaborating with the court, which Sudan refuses to recognise....'

II. AL-BASHIR REACTION TO ICC

i. "Sudan's Bashir calls ICC 'a mosquito in the ear of an elephant',"
Earthtimes, 29 January 2009,
http://www.earthtimes.org/articles/show/253365,sudans-bashir-calls-icc-a
-mosquito-in-the-ear-of.html

"Sudanese President Omar al-Bashir likened the International Criminal
Court to 'a mosquito in the ear of an elephant' in an interview
published Thursday in London's pan-Arab daily al-Sharq al-Awsat. 'We
have dismissed the claims of the court,' President Bashir told the
daily. 'These charges and this court can best be described as a mosquito in the ear of an elephant.'

Luis Moreno-Ocampo, chief prosecutor for the international court, has
accused President Bashir of genocide, crimes against humanity, and war
crimes committed in Darfur.

Three weeks ago, Ibrahim Gandour, a leading figure in Sudan's ruling
party, told al-Sharq al-Awsat that he believed the court's judges would issue an arrest warrant soon.

'This is not a judicial case, but a political one,' Bashir told al-Sharq al-Awsat. 'Sudan refuses this court warrant? The International Criminal Court has no authority over Sudan. This court, by nature, is a supplement to our judicial system and does not substitute it'....."

ii. "Sudanese president dismiss speculations on divisions over ICC,"
Sudan Tribune, 5 February 2009, www.sudantribune.com/spip.php?article30073

"The Sudanese president Omer Hassan Al-Bashir today denied the existence of any divisions within the ruling National Congress Party (NCP) over dealing with the International Criminal Court (ICC).

.... 'Ocampo's allegations proved to the world that the Sudanese people are united in confronting conspiracies' Al-Bashir said. 'It is targeting the country not one of the NCP leaders'.

The ICC judges currently reviewing the charges made against Al-Bashir
that include three counts of genocide, five of crimes against humanity
and two of murder."

III. AFRICAN UNION SUMMIT AND DARFUR

i. "Sudan may accept hybrid courts to try Darfur war crimes," Sudan
Tribune, 2 February 2009,
http://www.sudantribune.com/spip.php?article30037

"A Sudanese official expressed his government's willingness to accept a hybrid court consisting of African judges to look into Darfur right
abuses.

The deputy Sudanese ambassador to Ethiopia Akoy Bona Malwal told
reporters that a committee formed by the African Union (AU) will
evaluate the ability of Sudanese courts to look into crimes committed in the Sudan's western region since 2003.

.... The remarks signify a change in positions by Khartoum regarding the participation of non-Sudanese judges in Darfur trials..."

ii. "AU backs Sudan president in ICC row; Khartoum rejects hybrid
court," Sudan Tribune, 3 February 2009,
http://www.sudantribune.com/spip.php?article30042

"The African Union (AU) has issued a statement calling on the UN
Security Council (UNSC) to defer an indictment by the International
Criminal Court (ICC) against Sudanese president Omer Hassan Al-Bashir.

The regional body has also vowed to lobby the UNSC for a resolution
under Article 16 of the ICC Statute which allows the council to suspend the ICC prosecutions in any case for a period of 12 months that can be renewed indefinitely.

'The AU is seeking to mobilize support from the international community to suspend for 12 months the process launched against President al-Bashir, to give a greater chance to the peace process' AU Commission chief Jean Ping said during the summit meeting in Addis Ababa.

'At the same time, we encourage the Sudanese authorities to continue
their efforts to find a definitive solution to the problem of impunity' he added..."

iii. "African Union Seeks To Delay Sudan War Crimes Charges," Dow Jones Newswires, 2 February 2009,
http://news.morningstar.com/newsnet/ViewNews.aspx?article=/DJ/2009020207
05DOWJONESDJONLINE000218_univ.xml

"Sudan's President Omar el-Beshir won backing from his peers Monday to
postpone a war crimes trial amid complaints that Africans appear to be
the sole targets of the global war crimes court.

The African Union has agreed to lobby for a one-year suspension in the
case against Beshir, saying a trial at the International Criminal Court could threaten Sudan's peace process.

The 53-nation bloc is seeking to 'mobilize support from the
international community to suspend for 12 months the process launched
against President Al- Beshir, to give a greater chance to the peace
process,' African Union Commission chief Jean Ping said during a summit meeting here.

...Beshir's foreign affairs adviser Mustapha Osman Ismael told AFP that his country would follow any decision taken by the summit, which wraps up Tuesday.

'Whatever decision the AU is going to take, we are definitely going to
back it. As they have showed solid support to the Sudan in the past, we are expecting their backing to resume this time as well,' he said on the sidelines of the summit.

The legal move against an African president has drawn concern at the
summit, where some officials say it appears the ICC is only targeting
African leaders.'What emerged from the debate that we have, is that we
think there is a problem with ICC targeting only Africans, as if Africa has been a place to experiment with their ideas,' Ping told reporters.

'A judge should be impartial,' he said. 'The law should apply to
everyone and not only the weak.'

IV. HU JINTAO PLEDGES SUPPORT FOR SUDAN

"China's Hu Pledges Support For Sudan - Government," Nasdaq, 4 February 2009,
http://www.nasdaq.com/aspxcontent/NewsStory.aspx?cpath=20090204ACQDJON2
00902040406DOWJONESDJONLINE000219.htm&&mypage=newsheadlines&title=China'
s Hu Pledges Support For Sudan - Government

"Chinese President Hu Jintao on Wednesday pledged his country's
continuing support for Sudan, whose President Omar al-Beshir is
currently being investigated on suspicion of genocide.

'Sino-Sudanese relations have withstood the test of international
vicissitudes, and have developed smoothly,' Hu said in a message to
Beshir, according to a statement on the foreign ministry's Web site.

'China respects Sudan's sovereignty and territorial integrity and
supports its efforts to realize national reconciliation.'

.... China's relationship with Sudan has come under fire from rights
groups, which accuse Beshir of supporting militias in Darfur in western Sudan...."

V. DECISION ON BASHIR SAID TO BE IMMINENT

i. "ICC judges appear close to ruling on Sudan president case," Sudan
Tribune, 4 February 2009,
http://www.sudantribune.com/spip.php?article30056

"The judges of the Pre-Trial Chamber I at the International Criminal
Court (ICC) met today with the prosecutor regarding his application
requesting the issuance of an arrest warrant for Sudanese president Omer Hassan Al-Bashir.

Last week the judges issued a decision scheduling a closed hearing with prosecutor Luis Moreno-Ocampo, the court's Registrar Silvana Arbia along with representatives from the Victims and Witnesses Unit (VWU).

The decision was in response to a notification filed by the prosecutor
with the Pre-Trial Chamber I last week. The contents of the notification were not disclosed.

The judges have attached a confidential annex to their decision on the
hearing containing the items that were to be discussed today...."

ii. "Sudan Envoy: UN Peacekeepers Will Be Safe if ICC Issues Warrant
Against Bashir," Voice of America, 5 February 2009,
http://www.voanews.com/english/2009-02-05-voa64.cfm

"A senior Sudanese diplomat says the safety of United Nations'
peacekeepers in his country will not be in jeopardy, if the
International Criminal Court, or ICC, grants a request for an arrest
warrant for Sudanese President Omar al-Bashir. A decision from the
pre-trial judges at The Hague is expected later this month.

Sudan's U.N. Ambassador, Abdalmahmood Abdalhaleem, said Thursday that
Khartoum would abide by its international obligations.

'The safety of the peacekeepers is not at all an issue here. The issue
is the safety and security of the entire people of Sudan,' he said. 'So the people should not look to the issue like isolated islands or
separate islands. We know, as I said before, the obligations of Sudan
towards the U.N. presence in Sudan. But equally, the U.N. should
demonstrate its commitment to safeguard their own personnel as well as
the lives of the Sudanese.'

.... Following closed-door consultations on Thursday, British Ambassador John Sawers said he does not believe the support for an Article 16 deferment currently exists within the Security Council...."

iii. "ICC judges issue an arrest warrant for Sudan president," Sudan
Tribune, 7 February 2009, http://www.sudantribune.com/spip.php?article30087

"The Judges of the International Criminal Court (ICC) will soon release a decision in which they agree to issue an arrest warrant for Sudanese president Omer Hassan Al-Bashir, Sudan Tribune has learnt.

The Pre-Trial Chamber I which is assigned the Darfur case has been
reviewing an application submitted by prosecutor Luis Moreno-Ocampo last July requesting an arrest warrant for Bashir on three counts of
genocide, five of crimes against humanity and two of murder

There was no confirmation on which counts the warrant was issued for,
but one source suggested that it will include the charges of genocide,
which is considered the gravest crime in international law...."

iv. "Sudan Retains Clout While Charges Loom," Washington Post, 8
February 2009, http://www.washingtonpost.com/wp-dyn/content/article/2009/02/08/AR200902
0802191.html

"In the coming weeks, judges from the International Criminal Court will decide whether to issue a warrant for the arrest of Sudan's President Omar Hassan al-Bashir on charges of genocide and other war crimes in a military campaign that has led to the deaths of hundreds of thousands of civilians in Darfur since 2003. But Bashir's government is hardly being treated like an international pariah.

African Union leaders last week backed Sudan's appeal to have the
warrant suspended, with some portraying the court as unfairly targeting African states. U.N. Secretary General Ban Ki-moon met with Bashir in Ethiopia last week and sought his assurances that international peacekeepers and aid workers would not be attacked if charges were filed.

Even the Obama administration, which has vowed to increase pressure on
Khartoum to stem the bloodshed in Darfur, has reached out to Sudan.
Susan E. Rice, the U.S. ambassador to the United Nations, invited
Sudan's U.N. ambassador, Abdalmahmood Abdalhaleem Mohamad, on Wednesday to a reception for senior African diplomats at her official residence at the Waldorf-Astoria. She also has scheduled a meeting with the Sudanese envoy this week.

Indeed, Sudan's diplomatic standing has hardly been diminished by the
allegations...."

v. "Security Council Divided As Darfur Indictment Decision Looms at
International Criminal Court," CNS News, 6 Feb 2009
http://www.cnsnews.com/public/content/article.aspx?RsrcID=43158

"United States leadership is being put to the test at the U.N. Security Council, where there are growing calls to block an anticipated International Criminal Court (ICC) arrest warrant for the president of Sudan, who is accused of war crimes relating to the conflict in Darfur.

U.N. officials are warning that Khartoum's reaction to the ICC move -
which is expected this month - may have a negative impact on the
security situation in Darfur, the safety of peacekeepers, and
implementation of a crucial 2005 comprehensive peace agreement that
ended a separate 21-year north-south civil war.

Briefing the Security Council on Thursday, a U.N. special envoy to
Sudan, Ashraf Qazi, said the government had pledged continuing
cooperation with the U.N. and protection for peacekeepers, but had
qualified those assurances by warning that an indictment would provoke
'public outrage.'

The Washington Times, citing a spokesman for national security adviser
Gen. James Jones, reported that the Obama administration supports moving ahead with the indictment.

.... The new ambassador to the U.N., Susan Rice, signaled that position earlier when she told a council meeting late last month that the ICC 'looks to become an important and credible instrument for trying to hold accountable the senior leadership responsible for atrocities committed in ... Darfur.'...."

VI. THE US AND DARFUR

i."Obama signals war crime tribunal support," Market Watch News, 5 February 2009, http://www.marketwatch.com/news/story/obama-signals-war-crime-tribunal/s
tory.aspx?guid=

"U.S. President Barack Obama indicated he supports proceeding with a war crimes indictment against the leader of Sudan and the international court issuing it.

Obama's view of the International Criminal Court is warmer than that of his predecessor, President George Bush, who refused to join the
international body, The Washington Times reported Thursday.

'We support the ICC and its pursuit of those who've perpetrated war
crimes,' said Ben Chang, a spokesman for national security adviser James Jones. 'We see no reason to support deferral' of the indictment against Sudanese President Omar Bashir.'

Obama supports an arrest warrant -- which could be executed in days --
despite concerns that pursuing charges against Bashir could provoke his retaliation against humanitarian groups and plunge Sudan further into deadly chaos.

...The Obama administration indicated it is aware of possible violent
backlash if a warrant is issued for Bashir's arrest. U.S. Ambassador to the United Nations Susan Rice said the Sudanese bombing of rebel groups in a Darfuri town was in 'anticipation of an arrest warrant,' and called on Bashir to stop the bombing and permit a joint U.N.-African Union peacekeeping force into the
area...."

ii. "EXCLUSIVE: Obama backs indictment of Sudan leader," Washington
Times, 5 February 2009,
http://washingtontimes.com/news/2009/feb/05/obama-backs-indictment-of-su
dan-leader/

"President Obama supports implementing the war crimes indictment by the International Criminal Court against Sudanese President Omar Bashir, a strong indication of the tough approach the new administration will take toward Sudan as well as its favorable view of an international body the Bush administration refused to join.

'We support the ICC in its pursuit of those who've perpetrated war
crimes. We see no reason to support deferral [of the indictment] at this time,'said Ben Chang, a spokesman for Mr. Obama's national security adviser, retired Marine Gen. James L. Jones.

...Top Obama administration officials such as Susan Rice, the new
U.S. ambassador to the United Nations, have long advocated a hard line
toward the Bashir regime. Ms. Rice, who worked on peacekeeping issues in the Clinton White House and as assistant secretary of state for African affairs during President Clinton's second term, is said to have been scarred by the U.S. and international failure to prevent the 1994 Rwandan genocide, in which nearly 1 million people were killed...."

iii. "Obama's Envoy Voices Support for International Court," Bloomberg
News, 29 January 2009,
http://www.bloomberg.com/apps/news?pid=20601103&sid=aYK_ULgi3Ix0&refer=u
s

"Ambassador Susan Rice signaled a shift in U.S. policy toward support
for the International Criminal Court, a tribunal the Bush administration opposed, in her first speech to the United Nations Security Council.

The International Criminal Court 'looks to become an important and
credible instrument for trying to hold accountable the senior leadership responsible for atrocities committed in the Congo, Uganda and Darfur,' Rice said in a closed council meeting, according to a text provided by the U.S. mission.

President George W. Bush opposed U.S. ratification of the treaty that
created the court out of concern that it didn't include adequate protections against politically motivated prosecutions. The U.S. sought and received UN immunity for its citizens from tribunal prosecution from 2002 to 2004.

...The court's prosecutor last July sought the arrest of Sudanese
President Umar Hasan al-Bashir for war crimes in the Darfur region of
Sudan.

Rice's remarks at the Security Council meeting on international
humanitarian law won praise from envoys used to seeing the U.S. isolated on issues such as the International Criminal Court's jurisdiction.

... Ambassador Jorge Urbina, of Costa Rica, a Security Council member,
said the mere mention of the court by a U.S. envoy 'raises expectations' of support for ratification of the treaty that established it.

The U.S. in 2002 vetoed a Security Council draft resolution extending a peacekeeping mission to Bosnia and Herzegovina because of a reference to the court. The U.S. abstained from a 2005 vote in the council to refer crimes committed in Darfur to the court.
President Barack Obama should move cautiously toward full support of the International Criminal Court, according to Stephen Rademaker, former assistant secretary of state in the Republican Bush administration and now vice president of the Washington consulting firm Barbour, Griffith & Rogers. ..."

ii. Statement by Ambassador Susan E. Rice, US Permanent Representative, on Respect for International Humanitarian Law, in the Security Council, 29 January 2009. Full remarks, visit:
http://www.usunnewyork.usmission.gov/press_releases/20090129_020.html

******

CICC's policy on the referral and prosecution of situations before the
ICC:

The Coalition for the ICC is not an organ of the court. The CICC is an
indepedent NGO movement dedicated to the establishment of the
International Criminal Court as a fair, effective, and independent
international organization.

The Coalition will continue to provide the most up-to-date information
about the ICC and to help coordinate global action to effectively
implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts.

Communications to the ICC can be sent to:

ICC
P.O. Box 19519
2500 CM the Hague
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