Follow Us:

Darfur Part I: Public Statement by the CICC and Members; Expulsion of NGOs from Sudan; French Ambassador Summoned; More Reactions to Al-Bashir's Indictment; Interview with Ahmad Harun; Interview with Luis Moreno-Ocampo

03 Apr 2009

Dear all,

This is the first of a four-part message on the International Criminal Court’s investigation in Darfur, Sudan. On 4 March 2009, Pre-Trial Chamber I of the International Criminal Court (ICC) issued an arrest warrant for Omar Hassan Ahmad Al-Bashir, the president of Sudan, for war crimes and crimes against humanity.

This message contains links to public statement by the Coalition and its members responding to the backlash following the issuance of the warrant; media reports regarding the expulsion of NGOs from Sudan; reports of the French Ambassador being summoned to explain to Sudanese authorities an alleged plan to intercept a plane carrying Omar Hassan Al-Bashir; governmental reactions to the ICC arrest warrant; interviews with Ahmad Harun, state minister of Humanitarian Affairs and a current indictee by the ICC and with Luis Moreno Ocampo, OTP Head; and related information.

We encourage you to participate in our blog discussion on Darfur by visiting www.coalitionfortheicc.org/ blog

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 Secretariat
[email protected]

*********

I. CICC AND MEMBERS PUBLIC STATEMENTS

i. “Letter to Ban Ki-moon on Occasion of Arab League Summit in Qatar,” William Pace (CICC), 27 March 2009, http://coalitionfortheicc.org/documents/2009_03_27_CICC_Letter_to_UNSG_Ban_Ki-moon-_edited[1].pdf

“Dear Mr. Secretary-General,

The Coalition for the International Criminal Court (CICC) has received conflicting reports that you may attend the Arab League Summit in Doha, Qatar on 30 and 31 March, and that you may be meeting with Sudanese President Omar Hassan Ahmad Al-Bashir if he decides to attend the Summit. As you know, on 4 March 2009, the International Criminal Court (ICC) issued an arrest warrant for President Al-Bashir. President Al-Bashir has consistently and persistently challenged the ICC and refused to cooperate with it. Since the arrest warrant was issued, he has again defied international justice by refusing to surrender to the Court, thus becoming a fugitive. In recent days, the leaders of both Eritrea and Egypt deemed it acceptable to meet with President Al-Bashir, in spite of the arrest warrant, thereby bolstering Sudan’s defiance of international law and the global community.

We believe that meeting President Al-Bashir does nothing but strengthen him. As the Secretary General of the United Nations, you have played a key role in supporting the system of international justice and accountability for the most serious crimes. For this reason, we urge you first and foremost not to meet with a fugitive from justice. We cannot stress enough how important it is for you not to send the government of Sudan a message they could then use to promote impunity for the crimes committed in Darfur. If by circumstances out of your control, you end up being in the presence of President Al-Bashir, it is of the utmost importance that you reiterate to him and to all those present your strong support for international justice and accountability for the crimes committed in Darfur, and encourage him to surrender to the ICC.

In their 4 March decision, the judges of the Pre-Trial Chamber found that according to UNSC Resolution 1593 and Articles 25 and 103 of the UN Charter, the Government of Sudan has an obligation to fully cooperate with the Court which prevails over any other international obligation. While the issues surrounding Sudan are complex, international obligations to arrest and surrender suspects of grave international crimes must be respected and implemented. We hope you continue to deliver a message in support of the millions of voiceless victims of grave crimes in Sudan who count upon highly placed international officials like you to support them in their struggle for justice.

Sincere regards,

William Pace
Convener, Coalition for the International Criminal Court

cc: Mr. Vijay Nambiar”

ii. “The Arab Coalition appeals to the Arab States at the Summit conference to respect its treaty obligations,” The Arab Coalition for the International Criminal Court, 30 March 2009, http://coalitionfortheicc.org/documents/ACIJLP_30March09_en.pdf

“The Arab Coalition for the International Criminal Court appeals to the Arab States signed the Rome Statute establishing the International Criminal Court, which will meet at the Arab summit, Qatar, from 30-31 March 2009, to respect its international obligations resulting from these signatures.

The Coalition notes that, although it is true, that the signatories of the International Criminal Court - which has not yet ratified or acceded - do not take their legal obligations effectively, however, that the signature indicates the intention of these countries to take steps to express their consent to be bound by the treaty at a later date.

The signing of the Convention creates an obligation for the signatory States in the period between signature and ratification, acceptance or approval, and in good faith to refrain from acts of behavior that would disrupt the subject and purpose of the treaty, in accordance with article 18 of the Treaty of Vienna of 1996…”

iii. “FIDH letter to the Arab leaders in view of the Arab Summit to be held in Doha,” International Federation of Human Rights (FIDH), 24 March 2009, http://www.fidh.org/Sudan-FIDH-letter-to-the-Arab
“…Your Excellencies, representatives of the Arab League, were among the first to ring the alarm bells concerning the humanitarian and human rights situation in Darfur by organizing the first fact-finding mission there in 2004. You will also not fail to note that the Sudanese government itself has not denied that wide-ranging crimes have in fact occurred in Darfur. Although it questions the alleged number of victims, the authorities have admitted on more than one occasion that 10,000 victims have fallen in Sudan- oblivious to the fact that the cited number surpasses the one recorded during the war in Bosnia, for which a tribunal of war crimes was convened. The recent ICC decision against the Sudanese President comes in a context and background specific to the pursuit of justice; the Sudanese government itself, from the earliest stages of the crisis, formed a national committee for collecting information about Darfur, as well as established a special court and appointed a Prosecutor General specifically for Darfur on more than one occasion. However, in all cases, this was not a genuine effort for justice as much as it was a means to gain time and from there, more victims….
Excellencies, Your efforts for peace and justice in Darfur must come hand in hand. There is no peace without justice: they are inseparable. Inasmuch as the millions of victims of Darfur await stability and security and peace, their wounds cannot ever heal without seeing the perpetrators of these crimes submit to the law and justice. The decision of the ICC and what it champions from principles of justice and accountability is also an opportunity to break the cycle of violence and revenge; thus presenting an opportunity for social peace and transitional justice in the region. We therefore address you, fervently supporting international justice and the recent arrest warrant against the Sudanese president. We believe in your faith in and solidarity with, the rights of the victims in facing such crimes and the importance of accountability. We call on your distinguished summit, your Excellencies; kings, princes and presidents, to support in all possible means the last decision of the ICC. The support of the League of Arab States for the work of the ICC in Darfur is an important message coming at a time where it is critical for Arab leaders to abide – morally before politically- to the necessity of investigating the serious crimes and holding those responsible accountable. Your support, your Excellencies, of the arrest warrant and restraint from suspending the court’s procedures is a historical and ethical stance that establishes and promotes the legitimacy of your work and ours towards ending violations and impunity and affirming the rule of law.
Your support and the support of the League of Arab States for international justice will be a clear expression of your commitment to putting a decisive end to the crises in Darfur and achieving peace. Your action urging Sudan to cooperate with the ICC will strengthen and increase the credibility of your current peace-making efforts. In this light we urge you to continue your efforts towards a real peace process in Darfur; one that focuses on recognizing the legitimate rights of the people of that region, in the heart of which of course is the issue of justice. The latest discussions that occurred in Doha between the Sudanese government and the Justice and Equality movement (JEM) can be seen as a chance to widen Arab participation in the peace process, including their readiness to communicate with the armed groups and work towards their unification and the unification of their negotiation perspectives in order to achieve peace. Considering that your initiatives would abide by principles of transparency, objectivity and comprehensiveness, as well as ensure the involvement of civil society and their reflection of cases of women survivors from Darfur….”
iv. “Humanitarian Assistance Must Not Be Made Hostage to Arrest Warrant against President al-Bashir,” Amnesty International, 27 March 2009, http://www.amnestyusa.org/document.php?id=ENGPRE200903279969&lang=e&rss=recentnews

“…President al-Bashir has visited several countries in the past two weeks, including Egypt and Libya, where he was received by government leaders at the highest level, despite an arrest warrant against him by the International Criminal Court (ICC).
The LAS declared on 4 March, in response to the ICC arrest warrant, that President al-Bashir is considered to have immunity against prosecution as a serving head of state. This assertion runs contrary to international law.
In an attempt to obstruct international justice, the African Union and the LAS have requested the UN Security Council to invoke Article 16 of the Rome Statute, which would require the Prosecutor to suspend the case for one year.
“That the Arab League has been at the forefront of calling for international justice in the recent Gaza conflict makes it all the more incomprehensible that it should now actively assist President al-Bashir in his efforts to escape justice,” said Irene Khan. “The LAS should apply the same standard to crimes committed in Sudan as those they are demanding for war crimes and other serious violations of international law committed during the recent conflict in Gaza. They cannot have it both ways.”
Amnesty International said that the US government and European Union states have also applied double standards by actively supporting the ICC arrest warrant against President al-Bashir, while thwarting so far the establishment of a comprehensive UN inquiry into war crimes and other violations in Gaza and southern Israel.
Amnesty International urged the government of Sudan to allow unimpeded access for emergency humanitarian assistance following its expulsion of 13 international humanitarian organizations and the closure of many others in reaction to the ICC arrest warrant. This has left more than 2.4 million people at risk of starvation and serious illnesses unless they receive immediate access to humanitarian assistance….”
v. “Arab States: Press Sudan on Darfur Aid,” Human Rights Watch, 29 March 2009, http://www.hrw.org/en/news/2009/03/29/arab-states-press-sudan-darfur-aid

“…‘The Sudanese leadership has sunk to a new low by ousting humanitarian organizations from Darfur in retaliation for the ICC's warrant against al-Bashir,’ said Richard Dicker, director of Human Rights Watch's International Justice Program. ‘The League of Arab States could help save thousands of lives by pressing Khartoum to reverse the expulsions.’
…ICC member states have a legal obligation to arrest persons under ICC warrant. The UN Security Council has urged states that are not party to the court, such as Qatar, to cooperate with its work.
…Neither the League of Arab States nor the African Union has commented publicly on the expulsion of aid agencies. Both have raised suspension of the ICC prosecution of al-Bashir based on article 16 of the ICC's statute. This article allows the Security Council to defer an ICC investigation or prosecution for renewable 12-month periods under the council's Chapter VII authority to preserve international peace and security.
‘The Arab League should not reward Sudan's behavior by supporting a suspension of al-Bashir's case, which would only encourage further abuses,’ said Dicker.
A deferral of the ICC's case against al-Bashir would risk fuelling more crimes and impunity for atrocities, Human Rights Watch said. Once a deferral took effect, the Sudanese government could threaten violence and offer empty promises to secure continued suspensions of al-Bashir's case. Human Rights Watch noted that the Arab League proposed that Sudan conduct national trials of serious crimes in the summer of 2008, but that no such trials have taken place.
Some nations have argued that the ICC's actions threaten peace efforts in the region. Human Rights Watch noted that the peace process in Darfur has long been stalled because of lack of political will to end the conflict, a factor unrelated to the ICC arrest warrants.
Some African and Arab governments have argued that the ICC is unfairly targeting African states. While the court's first four investigations are in Africa, three of these were voluntarily referred by African governments where the crimes were committed. The fourth, Darfur, was referred by the UN Security Council.
The League of Arab States has called for an investigation of crimes committed in the recent Gaza conflict. Human Rights Watch has also called for an impartial, international investigation of crimes by all sides in the Gaza conflict as a first step toward ensuring justice. The Palestinian Authority has asked the ICC to investigate crimes committed in Gaza and the ICC is currently assessing whether it has the authority to investigate.
‘The International Criminal Court is pro-victim, not anti-African or anti-Arab,’ said Dicker. ‘The pursuit of justice for serious international crimes wherever they are committed is vital.’”
vi. “NGOs express their solidarity to Sudanese victims and Human Rights defenders and support the ICC as an essential element to peace and justice in Darfur,” International Federation of Human Rights (FIDH), 20 March 2009, http://coalitionfortheicc.org/documents/sdicc1903a.pdf

“…we deplore the continuing state of impunity in Darfur and in Sudan as a whole. Since the conflict started, six years ago, the government of Sudan has not made any credible effort to bring the perpetrators of serious international crimes to justice. In this context, the decision of the International Criminal Court (ICC) of 4 March 2009 to issue a warrant of arrest for Sudanese President Omar Al-Bashir together with previous warrants of arrest issued against Ahmed Harun and Ali Kushayb, as well as the request made by the Prosecutor for arrest warrants to be issued for rebel leaders responsible for the killing of African peacekeepers during the Haskanita attack, represent an essential step forward in the fight against impunity and for peace in Darfur.

This historic step is also possible because of strong international, including African and Arab, support for the cause of international justice. The Court's functioning is made possible by the support of its 108 state parties, 30 of which are also members of the African Union. Members of the Arab League participated actively in Rome Conference, which drafted and adopted the ICC Statute. The Court's investigations in Darfur was opened after the United Nations Security Council referred the situation to the ICC in its Resolution 1593, which also poses an obligation on the government of Sudan to cooperate with the Court.

We call upon the international community to show solidarity with the victims of the conflict in Darfur. The conflict has already claimed 300,000 lives and forced more than 2.5 million people from their homes. Yet, the victims have not seen any effective response to their repeated call for peace and justice.

Our organisations:
− Urge the Sudanese authorities to reverse their decisions regarding the expulsion of international humanitarian organisations and the closure of national human rights NGOs, in conformity with international instruments, including the African Charter on Human and Peoples' Rights, as well as the Security Council's resolution and presidential statement imposing an
obligation on Sudan to cooperate with the ICC.
− Urge all parties to the conflict to engage in a genuine and inclusive political process.
− Urge the international community to strongly condemn the decisions of the Sudanese government.
− Support the fighting against impunity for the perpetrators of the most serious crimes committed in Darfur, thus opposing any suspension of the ICC proceedings. …”

II. NGO EXPULSIONS FROM SUDAN

i. “Sudan's president orders all foreign aid groups to leave country within a year,” Xan Rice (Guardian), 16 March 2009, http://www.guardian.co.uk/world/2009/mar/16/sudan-aid-agencies-expelled

“…’I ordered humanitarian affairs officials that in one year we don't want any foreign aid organisation working on the ground with our citizens and that Sudanese organisations will fulfil this role,’ said Bashir, who wore military uniform.

…‘The notion of Sudan being able to take over the work of 70 agencies is clearly ridiculous, and Bashir knows that,’ said one aid expert, who has worked in north Sudan for several years. ‘This looks like grandstanding aimed at the military and internal politics, and I doubt he will carry it through.’”

ii. “Clinton Says Bashir Will Be Held Responsible for Darfur Deaths,” by David Gollust (VOA), 17 March 2009, http://www.voanews.com/english/2009-03-17-voa51.cfm

“U.S. Secretary of State Hillary Clinton said Tuesday that… ‘The real question is what kind of pressure can be brought to bear on President Bashir and the government in Khartoum [to get them] to understand that they will be held responsible for every single death that occurs in those camps. Because by their expulsion of the aid workers, who came from all over the world to assist with the health and the sanitation and the security and the education of the refugees, they are putting those 1.4 million lives at risk…’”

iii. “NGO expelled from Darfur considered ICC cooperation,” Louis Charbonneau (Reuters), 16 March 2009, http://www.reuters.com/article/worldNews/idUSTRE52F6SX20090316?pageNumber=2&virtualBrandChannel=0&sp=true

“…IRC spokeswoman Melissa Winkler denied the organization had signed any agreement with the Hague court but acknowledged that the organization had weighed a proposal to assist the ICC.”

III. REACTION TO WARRANT IN SUDAN

i. “Sudan former president advises Bashir to skip Doha summit,” Sudan Tribune, 18 March 2009, http://www.sudantribune.com/spip.php?article30546

“The Sudanese former president Siwar Al-Dahab made a plea to president Omer Al-Bashir not to attend the Arab summit in Qatar scheduled to be held later this month. Al-Dahab in statements to the Qatari daily Al-Sharq urged Bashir to exercise “patience and wisdom” and not risk travelling to Doha “for his safety and the safety of Sudanese people.”

ii. “Statement of the Chairman of SPLM Chapter Washington DC on the ICC Crisis,” Sudan Tribune, 17 March 2009, http://sudantribune.com/spip.php?article30532

“Mr. Deng Deng Nhial Chairman of the SPLM Chapter Washington Metropolitan Area thanked His Excellency Sudan Ambassador to the United States Dr. Akec for inviting Sudanese to his residence on March 8th 2009 to dialogue and offer suggestions to the future of Sudan in the context of the ICC decision on President Bashir.

…He articulated…that cooperation with the International Community and ICC is paramount in this current ICC crisis.”

iii. “A Darfuri Speaks Out: Sudan's President Treats My People Like Bargaining Chips,” Mohamed Suleiman (The Huffington Post), 18 March 2009, http://www.huffingtonpost.com/2009/03/18/a-darfurian-speaks-out-su_n_176395.html

“…Khartoum is very good in negotiating its way out of troubles. Al-Bashir's bargaining chips here are the lives of 4.7 millions Darfuris. Yes, they are his citizens in the first place, but they also have been his hostages for six years.”

iv. “ICC's Arrest Warrant Would Not Restore Peace in Country – Minister,” Raliat Ahmed (AllAfrica), 16 March 2009, http://allafrica.com/stories/200903161667.html

“…[Sudan Minister of International Cooperation, Eltigani Fedail] said Sudan government under President Al-bashir has allocated $1 billion on infrastructural development in Darfur and he is the only president in Sudan that was able to sign peace agreement on conflict of over 20 years in Darfur but instead of receiving praises, he was rewarded with a warrant of arrest.”

v. “Sudanese students wounded in clashes with government militia over ICC,” Sudan Tribune, 16 March 2009, http://www.sudantribune.com/spip.php?article30524

“Around a dozen students have been wounded by the Sudanese Para-military troops in southern Kordofan during a political meeting they organized to manifest their support for the arrest warrant against Sudanese president Omer Al-Bashir.”

vi. “After chest thumping and defiance, Bashir opts for a ‘friendlier’ court,” Daily Monitor, 18 March 2009, http://www.monitor.co.ug/artman/publish/features/After_chest_thumping_and_defiance_Bashir_opts_for_a_friendlier_court_81696.shtml

“…Reality is fast dawning on Sudanese President Omar al-Bashir. That Khartoum plans to refer the warrant of arrest issued by the International Criminal Court to the “friendlier” International Court of Justice after Mr Bashir’s defiance and scornful chest-thumping, could be a sign of his realisation that the odds are highly against him.”

vii. “Sudan scholars tell president to drop Qatar trip,” Andrew Heavens (Reuters), 22 March 2009, http://www.reuters.com/article/worldNews/idUSTRE52L0JD20090322?feedType=RSS&feedName=worldNews

“…President Omar Hassan al-Bashir risks being detained if he leaves Sudan….The [Ulema Authority] advised Bashir in a fatwa, or Islamic legal ruling, that it was ‘impermissible for you to travel for this mission, which others can do in your place.’”

viii. “Opposition leader rejects trying citizens outside Sudan,” SUNA, 24 March 2009, (Link Not Available)

“…Al-Mirghani [President of the Democratic National Alliance] has renewed his rejection for any foreign intervention in the domestic affairs of the country to try any Sudanese national outside the country. Al-Mirghani has also commended the role being played by the National Assembly.”

ix. “Sudan’s Turabi says Qatar behind his release from detention,” Sudan Tribune, 21 March 2009, http://www.sudantribune.com/spip.php?article30586

“The head of the Popular Congress Party (PCP) Hassan Al-Turabi told the Egyptian Al-Shurooq newspaper said that the Qatari Emir convinced Sudanese president Omer Hassan Al-Bashir to release him during his visit to Khartoum last month. Turabi said he was ‘surprised’ when he was let go but afterwards he realized that it was a result of international pressure on Khartoum.”

x. “Sudan's Taha lauds ties with Syria,” SUNA, 19 March 2009, (Link Not Available)

“Vice-President Ali Uthman Muhammad Taha has expressed appreciation to the support of Syria to Sudan in the face of the allegations of the International Criminal Court (ICC).”


IV. INTERNATIONAL REACTION

i. “Sudan calls in French ambassador over ICC report,” Reuters, 17 March 2009, http://www.reuters.com/article/homepageCrisis/idUSLH623933._CH_.2400

“Sudan called in the French ambassador on Tuesday to demand an explanation of media reports that France would back the interception of any plane carrying Sudan's president abroad, a French diplomatic source said.
…The source said the ambassador, Patrick Nicoloso, made clear that some statements attributed to the French foreign ministry spokesman, Eric Chevallier, were not his. Sudanese foreign affairs spokesman Ali al-Sadig said Sudan was satisfied that the official had been misquoted, and was not planning to take any action.”

ii. “Sudan ready to talk to US envoy, wants normalcy,” Reuters, 18 March 2009, http://www.reuters.com/article/vcCandidateFeed1/idUSN18365895

“Sudan's U.N. ambassador said on Wednesday that Khartoum was ready for constructive talks with a new U.S. special envoy, adding that he hoped Washington was prepared to reciprocate.”

iii. “Sudan's Beshir defies warrant with Eritrea visit,” AFP, 23 March 2009, http://www.google.com/hostednews/afp/article/ALeqM5g-8Ihj9qUU8gS_rs8Xv89sbIR-ww

“Sudanese President Omar al-Beshir arrived in Eritrea Monday on his first foreign trip since the issue of an international arrest warrant for alleged war crimes, Eritrea's information minister said. ‘It is a one-day visit, it's a very normal visit from one president to another. He is responding to an invitation by President Issaias Afeworki,’ Ali Abdu told AFP by phone from Asmara.”

iv. “Eritrean leader dismisses ICC warrant against Sudan's Al-Bashir,” Shabait, 24 March 2009, (Link Not Available)

“....President Isayas pointed out that the Sudanese leader's visit attests to the shared views of both governments and that the verdict given in the name of the so-called "International Criminal Court" against President Umar Hasan al-Bashir is a political decision made under the pressure of those forces seeking to ensure their domination in this region. In this regard, President Isayas elaborated that the verdict not only aggravates the prevailing situation in Sudan but also targets the peace and stability of the countries in the region, and as such Eritrea totally rejects it.”

v. “US says Sudanese president not welcome on its territory, urges his surrender,” Sudane Tribune, 23 March 2009, http://www.sudantribune.com/spip.php?article30618

“Bashir made a brief and previously unannounced trip to neighboring Eritrea in what observers said was a largely symbolic visit. The acting US State department spokesperson Robert Wood said that the decision to receive or arrest Bashir is up to the Eritrean government….‘He would not be welcomed in the United States in any way…we wouldn’t do that here, I can assure you’ Wood said about possible visit by Bashir to the US.”

vi. “Sudanese ambassador briefs Tunisian premier on Darfur crisis,” SUNA, 19 March 2009, (Link Not Available)

“Tunisian Prime Minister Mohamed Ghanouchi received Sudan's Ambassador to Tunis Umar Haydar Abu-Zayd who conveyed to him appreciation of the government and the people of Sudan to the government and people of Tunisia for their support to Sudan against the allegations of International Criminal Court (ICC).”

vii. “Sudan dispatching delegations to UNSC member countries,” Sudan Tribune, 21 March 2009, http://www.sudantribune.com/spip.php?article30589

“The Sudanese government will send high level delegations to countries which sit on the UN Security Council (UNSC), according to [London based Al-Sharq Al-Awsat]. …The diplomatic push is aimed at rallying support against decision by the International Criminal Court (ICC)…”

viii. “Sudanese president receives letter from Comoran counterpart on ICC,” Republic of Sudan Radio, 22 March 2009, (Link Not Available)

“…Bashir has received a letter from the President of the Union of Comoros Ahmed Abdallah Sambi. The letter deals with Comoros total support to Sudan in face of the International Criminal Court [ICC] allegations against Sudan's symbol.”

ix. “Foreign Ministry Spokesperson Qin Gang's Regular Press Conference,” Ministry of Foreign Affairs of the Republic of China, 17 March 2009, http://www.fmprc.gov.cn/eng/xwfw/s2510/t543086.htm

“Q: Is there any progress on the [ICC’s] issuance of an arrest warrant for Sudanese President Omar al-Bashir? Has China discussed the issue with relevant countries or international organizations? Did China participate in UN Security Council's discussion to suspend the trial?
A: China has been communicating with parties concerned both inside and outside the UN Security Council…We have noted that many countries… have different views on ICC's decision… [W]e hope parties concerned including the ICC and the UN Security Council could take those countries' views and concerns into full consideration and handle the issue properly…”

x. “France affirms support to ICC after warrant issued for Sudan’s Bashir,” Sudan Tribune, 22 March 2009, http://www.sudantribune.com/spip.php?article30606

“The French Foreign Minister Bernard Kouchner said today that his government remains committed to the International Criminal Court (ICC) which issued an arrest warrant for Sudanese president Omer Hassan Al-Bashir.”

xi. “Jordan dissents from Arab position on ICC warrant for Sudan’s Bashir,” Sudan Tribune, 23 March 2009, http://www.sudantribune.com/spip.php?article30619

“The Jordanian government reiterated that it will fulfill its obligations under the founding treaty of the International Criminal Court (ICC) despite the arrest warrant for Sudanese president Omer Hassan Al-Bashir….Yesterday the Jordanian State minister for media and communication Nabil Al-Sharif said that his government ‘is committed to the international treaties and conventions it signed with international organizations and commissions.’”

VI. INTERGOVERNMENTAL REACTIONS TO THE ARREST WARRANT

i. “New AU panel to advise on Darfur,” Argaw Washine (Daily Nation), 18 March 2009, http://www.nation.co.ke/News/africa/-/1066/547662/-/13qk8mkz/-/

“The African Union has created a special panel on Darfur with the mandate of examining the situation there and identifying ways to end the crisis in the Sudan region. The new panel, chaired by former South African president Thabo Mbeki, was launched Wednesday at the AU headquarters in Addis Ababa….‘A culture of impunity will not be permitted to take root and entrench itself, [Mbeki] said….AU acting chairperson Mrs Elizabeth Tankeu said the international community, including the United Nations Security Council, lacked appropriate understanding on issues concerning Darfur and was very ignorant about the ongoing peace process.”

ii. "AU Darfur panel not to consider ICC evidence,” AP, 19 March 2009, http://www.iht.com/articles/ap/2009/03/19/africa/AF-AU-Darfur.php

“‘It's not in our mandate to assess the ICC or what it's done,’ Mbeki told journalists.”

iii. “Arab League will not arrest Sudan's president,” AP, 17 March 2009, http://www.google.com/hostednews/ap/article/ALeqM5ijrNqGmNTcxE7CE6HWD4U3iGj4mgD96VQIG00

“Arab League countries will not carry out an International Criminal Court request to arrest Sudan's president on charges of war crimes in Darfur, the group's leader said….‘The court asked Qatar and the Arab League at the same time, but our legal position on the matter does not allow what the International Criminal Court is requesting,’ Moussa said Monday during a visit to Syria.”

iv. “No Mercy for Al Bashir,” AllAfrica Editorial, 17 March 2009, http://allafrica.com/stories/200903170843.html

“African Foreign Ministers who attended the NORDIC-Africa summit in Copenhagen, are reported to have condemned the International Criminal Court (ICC) for issuing an international warrant for the arrest of Sudanese President, Omar Al Bashir, describing the decision as wrongly timed….The Chronicle finds the attitude of the Foreign Ministers and the African Union (AU) as a mark of hypocrisy.”

VII. AHMAD HARUN INTERVIEWED

i. “Sudanese official wanted by ICC blasts Darfur prosecutor on probe,” Sudan Tribune, 18 March 2009, http://www.sudantribune.com/spip.php?article30539

“…Ahmed Haroun, state minister for humanitarian affairs told reporters in the Sudanese capital that he ‘regrets’ statements by Darfur special prosecutor Nimr Ibrahim Mohamed. He accused the Darfur prosecutor and the Justice minister Abdel-Basit Sabdarat of taking positions ‘inconsistent with the state position refusing to deal with the ICC’.Last week Mohamed said that he is “paying careful attention” to the ICC case against Haroun and militia commander Ali Mohamed Ali Abdel-Rahman, also know as Ali Kushayb.”

ii. “Sudanese official on ICC arrest warrant, US warning,” Al-Arabiya, 22 March 2009, (Link Not Available)

“…Asked why Sudan does not dismantle the militias accused of perpetrating massacres in Darfur, particularly the Janjawid, and thus defuse the crisis, [Ahmad Haroun] argues that when concessions start they will not end. He adds: ‘… There is nothing called the Janjawid militias.’ He adds that there are only regular Sudanese armed forces, police forces, popular defence forces, and popular police forces.”

VIII. LUIS MORENO-OCAMPO ON DARFUR

i. “The OTP: the future of humankind depends on Darfur,” Terra, 20 March 2009, http://actualidad.terra.es/nacional/articulo/fiscal-cpi-darfur-3138225.htm (in Spanish)

“‘If we let the Sudanese president continue killing million of people, the world will become harder, because the message we’re sending is that in order to gain power you should kill’ [Ocampo said]…The interview was made in the context of a meeting in Washington DC, called ‘Foro de Reconciliación.’”

(Informal translation provided by the CICC secretariat)

ii. “Rocking The Courtroom: The ICC prosecutor on his work, human rights and Sudan,” Arlene Getz (Newsweek), 21 March 2009, http://www.newsweek.com/id/190392

“Luis Moreno-Ocampo doesn't have the name recognition of Angelina Jolie, but he's shared the stage with her, which makes him something of a rock star among prosecutors… [Q]What about their argument that it would be better to have peace before justice?
[A]I'm just the prosecutor. My role is to collect the facts and the evidence; that is what I did. If people don't know how to manage the facts, it's a challenge. But it's not my job to say how to do it. Bashir will keep committing the crimes, whatever we do. He is exterminating millions of people in front of the eyes of the international community. The court is not calling for armies to manage the country. It's a different way to manage global conflict.”

IX. OPINIONS

i. “Arrest warrant too costly for Darfur,” Eric Reeves, 21 March 2009, http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2009/03/21/arrest_warrant_too_costly_for_darfur/

“Efforts to blame the expulsions solely on the ICC's pursuit of justice ignore the broader context: For more than five years, Khartoum has engaged in systematic harassment, obstruction, and intimidation of humanitarian work. Insecurity has been deliberately engineered to become intolerable. Perversely, by attributing Khartoum's long-contemplated actions exclusively to the ICC warrant, a number of commentators are playing straight into the regime's hand.”

ii. “Waltz With Bashir,” Andrew Natsios (Foreign Affairs), 23 March 2009, http://www.foreignaffairs.com/articles/64904/andrew-natsios/waltz-with-bashir

“The ICC's latest move against the Sudanese president will harden Khartoum's stance, push Darfuri rebels to make unreasonable demands, and raise expectations in Sudan -- complicating efforts to secure peace and justice….Justice and peace are noble aspirations, but they cannot both be had in Sudan right now…

iii. “Bashir Warrant Won't Help Resolve Crisis,” Alex de Waal, 20 March 2009, http://allafrica.com/stories/200903200810.html
“The die is cast. Sudan has entered uncharted waters as a result of the ICC (International Criminal Court) arrest warrant against President Omar al-Bashir. And indeed it is a nothing less than roll of the dice, a gamble with unknown consequences. Yesterday marks a turning point. We cannot say for sure in which direction Sudan will turn but there are many reasons to be fearful.”

iii. “A new day dawning, or a setting sun, in Sudan?” Jacqueline Wilson (The Daily Star), 19 March 2009, http://www.dailystar.com.lb/article.asp?edition_id=1&categ_id=5&article_id=100187

“The paradox of Sudan is that while some observers see signs of hope toward sustainable peace, others see no hope at all….Optimists point out that Sudan is largely at peace after decades of civil war ….Many hope the ICC arrest warrant will jump-start real negotiations on Darfur….For pessimists, things could hardly be worse. The ICC arrest warrant will only further destabilize the country.

…The one point of consensus is that Sudan and its people are at a crossroads. At stake is no less than a return to civil war, continued disaster in Darfur, and estrangement from the international community. The arrest warrant presents a real crisis of leadership for Sudan; the NCP's behavior in the coming weeks will telegraph its intentions and show whether a new day is dawning or the sun is setting in Sudan.”

**************************

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 independent 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
The Netherlands