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Darfur III: Arbia's Visit to Chad; Interview with Head of Sudanese Bar Association; Statements from ICC Prosecutors on Cooperation; Local Tribunals in the Sudan

24 Apr 2009

Dear all,

This is the final of a three-part message on the International Criminal Court's investigation in Darfur, Sudan.

This message contains information on the visit to Chad by ICC Registrar Silvana Arbia; excerpts of an interview with the head of the Sudanese Bar Association; statements from the ICC prosecutor on the importance of cooperating with the Court by isolating Omar Hassan Ahmad Al-Bashir, the president of Sudan; information on the local tribunals in the Sudan and information on women's involvement in the peace talks.

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]
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I. ARBIA'S VISIT TO CHAD

"Sudan downplays ICC registrar's visit to Chad," Al-Khartoum, 5 April 2009 [link not available]

"The President of the Republic's press secretary, Mahjub Fadl Badri, has reaffirmed that the government does not recognize the legitimacy of the International Criminal Court or any of its decisions and further described the court as a political tool whose decisions were not founded on laws or ethics.

Fadl told Al-Khartoum that the visit by the court's rapporteur, Silvana Arbia, to camps in eastern Chad was not surprising because Ocampo himself had previously visited these camps to rally witnesses from among the armed groups that resided there.

He added that although the government would not have welcomed a visit by Ocampo or any other person from his side, it could take advantage of this opportunity to at least point out the court's lack of impartiality. ...."


II. THE ICJ TO RULE ON THE ICC ARREST WARRANT?

"Sudan said likely to use International Court of Justice over ICC warrant," Republic of Sudan Radio, 4 April 2009 [link not available]

"Sudan has raised the possibility of resorting to the Hague-based International Court of Justice to counter the decision by the International Criminal Court to issue an arrest warrant for President Umar al-Bashir on war crimes charges.

Asked by state-owned Omdurman Radio today whether Sudan is considering to resort to International Court of Justice, the head of the Sudan Bar Association, Fathi Khalil, answered 'There are options currently being studied and all of them are on the table. The legal approach; however; is not separate from other approaches. There are political matters to be taken under consideration. Therefore, It is not a remote possibility to resort to the International Court of Justice directly or file a complaint against one of the member states which breached its commitments...."

III. THE ICC SAYS ISOLATE SUDAN'S PRESIDENT AND HASKANITA CASE

i. "Court prosecutor: isolate Sudan's president," Associated Press, 7 April 2009,
http://news.yahoo.com/s/ap/20090407/ap_on_re_eu/eu_international_court_sudan_1;_ylc=X3oDMTB0czVicmVnBF9TAzIxNTExMDUEZW1haWxJZAMxMjM5MTI0MDE3

"The International Criminal Court's deputy prosecutor urged world leaders on Tuesday to cut ties with Sudanese President Omar al-Bashir, who is wanted by the court for alleged war crimes in Darfur.

The U.N.-backed tribunal issued an arrest warrant for al-Bashir last month on charges including genocide for allegedly orchestrating efforts to wipe out three African tribes in his oil-rich country's Darfur region.

.... The court's deputy prosecutor, Fatou Bensouda, urged nations to 'deny Omar al-Bashir any form of support.'

'States should implement a consistent diplomatic campaign to support the court's decision,' she told diplomats in The Hague. 'Nonessential contacts with Omar al-Bashir should be severed.'..."

ii."ICC judges may soon rule on Darfur rebel case: prosecution," Sudan Tribune, 13 April 2009, http://www.sudantribune.com/spip.php?article30865

"The prosecutors at the International Criminal Court (ICC) say that they expect a ruling on the case against Darfur rebels in April.

The deputy ICC prosecutor Fatou Bensouda speaking at the diplomatic hearing last week said in The Hague said that her office hopes 'to have a decision from the Judges this month'. Bensouda said that given the public stances by the Darfur rebels in which they committed to cooperating with the ICC 'judicial proceedings could start soon'.
The ICC prosecutor Luis Moreno-Ocampo's third case on Darfur, opened in late 2007, investigates an alleged rebel attack on the Haskanita military base that left 10 African Union (AU) soldiers dead and one missing...."

iii. "ICC prosecutor adds new name(s) to case against Darfur rebels," Sudan Tribune, 19 April 2009, http://www.sudantribune.com/spip.php?article30922

"The prosecution at the International Criminal Court (ICC) submitted a new application for the issuance of a summons to appear against rebel leaders suspected of leading an attack on African peacekeepers in 2007.

According to documents published on the court's website the ICC prosecutor Luis Moreno-Ocampo makes reference to a previously unpublicized request filed on March 27 to ICC judges under Article 58 of the Rome Statute which deals with arrest warrants and summons to appear.

The redacted filing by the prosecutor last week provides the judges with additional information on questions they raised regarding the initial application against the rebels submitted last November. The ICC's third case on Darfur, opened in late 2007, investigates an alleged rebel attack on the Haskanita military base that left 10 African Union (AU) soldiers dead and one missing...."

iv. "ICC prosecutor calls for isolating Sudan president," Sudan Tribune, 18 April 2009,
http://www.sudantribune.com/spip.php?article30914

"The prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo urged the international community degrade contacts with Sudanese president Omer Hassan Al-Bashir.

...'On practical terms the states must sever non-essential contacts with Bashir and degrade diplomatic relations with his country and avoid attending any event with him [Bashir]' Ocampo told the London based Al-Sharq Al-Awsat newspaper in an interview.

'His personal assets should be tracked and exposed imposing a state of isolation and marginalization on him paving the way for his arrest' he added...."


III. EXPRESSIONS OF SUPPORT TO AL-BASHIR

i. "Syrian leader describes ICC arrest warrant against Sudan's Al-Bashir as 'unjust,'" SUNA News, 5 April 2009 [Link not available]

"Syrian President Bashar Al-Asad has described the decision by the so-called International Criminal Court (ICC) against President of the Republic Field Marshal Umar Al-Bashir as politicized, unjust and has nothing to do with the real situation in Darfur where Sudan's government has been working tirelessly to achieve peace...."

ii. "Minister invites Sudanese president to visit Djibouti," Al-Ra'y al-Amm, 5 April 2009 [link not available]

"The Djibouti government, which is a member of the International Criminal Court, has extended an invitation to President Al-Bashir to visit, saying that it would not abide by the court's charter and hand him over. 'We would welcome a visit by President Al-Bashir any time' the Djibouti minister of justice, Muhammad Barkat, told al-Ra'y al-Amm...

He further said that Djibouti would be committed to safeguarding the visit with no negative impact on Sudan...."

iii."Sudan: Government Lobbies Nass Against ICC," All Africa, 8 April 2009, http://allafrica.com/stories/200904070892.html

"Sudan has commenced lobbying the National Assembly to withdraw Nigeria's recognition of the International Criminal Court (ICC) in solidarity with the authorities in Khartoum presently embattled with the ICC indictment of President Omar Bashir.

Sudanese legislators solicited the demand during an interactive session with their Nigerian counterparts on the fringes of the ongoing Inter-Parliamentary Union (IPU) conference holding in Addis Ababa, Ethiopia just as they accused the United States of waging a war of calumny on the country because of its close economic ties with China...."

iv. "Egyptian official calls Sudanese factions to support al Bashir," Qatar News Agency,
15 April 2009 [link not available]

"Director of Sudan's affairs department at the Egyptian Foreign Ministry Ambassador Mohammed Qassim on Wednesday urged all the Sudanese factions to support President Omar al Bashir against the International Criminal Court (ICC)'s arrest warrant.

During a meeting of the national assembly's Arab affairs committee today, Qassim said the new US administration is handling the situation in Sudan in a more delicate way than the previous Bush administration did...."

v. "Egypt FM challenges ICC to execute warrant against Sudan's Bashir," Sudan Tribune, 15 April 2009, http://www.sudantribune.com/spip.php?article30886

"The Egyptian foreign minister Ahmed Aboul-Gheit again criticized the International Criminal Court (ICC) over the arrest warrant issued for Sudanese president Omer Hassan Al-Bashir last month.

'The current situation [in Sudan] is one where everything has stopped' Aboul-Gheit said in an interview with Russia Today Arabic TV. 'The ICC will not be able to force on the government in Sudan to cooperate with its decision and this clear' he added.

Egypt has been one of the lead countries to object to the Judges' decision on the Bashir and have also been one of half a dozen countries to receive the Sudanese president after the indictment.

...'There are powers that refuse the move of the ICC or its prosecutor against president Bashir' he added...."



vi. "Sudanese President receives a letter from President of Congo Brazzaville," Qatar News Agency, 19 April 2009, http://www.qnaol.net/QNAEn/Foreign_News/Politics/Pages/SudanesePresidentreceivesaletterfromPresidentofCongoBrazzaville.aspx

"Sudanese president Omar Hassan al Bashir has received a letter from President of Congo Brazzaville Denis Sassou-Nguesso reiterating the latter's country's support to Sudan's position vis-a-vis the International Criminal Court's (icc) arrest warrant for president al bashir. The letter which was handed over on Sunday by the Special Adviser to the President of the Republic of Congo Brazzaville, Al-Sharif Abbas Haider, stressed the non-acceptance by the African continent and its states of any violations to sovereignty of any African state and its national symbol. ..."


IV. AL-BASHIR TO TRY WAR CRIMINALS?

i ."Sudan's Bashir vows to try Darfur war criminals," Reuters, 7 April 2009,
http://www.reuters.com/article/worldNews/idUSTRE5363UN20090407

"Sudan's embattled president told a rally Tuesday that his own officials would track down war criminals in Darfur, dismissing Western attempts to bring justice to the region. Sudanese President Omar Hassan al-Bashir -- who is himself wanted on charges of masterminding atrocities in Darfur -- addressed a crowd of thousands in Zalingei, one of the most politically charged towns in Darfur.

The International Criminal Court has issued an arrest warrant for Bashir to face charges of alleged war crimes carried out during almost six years of fighting in Sudan's violent west, but he has refused to deal with the court

'We know about justice between us and we know how to solve our problems. We have a committee for tribal reconciliation,' Bashir told the crowd...."

See also:
"Beshir promises 'justice' in Darfur," by AFP on 7 April 2009 at http://www.google.com/hostednews/afp/article/ALeqM5h_uf0coUnA9nf4CejirNncFOr3pw

ii. "Sudan president says reconciliation to precede justice," Sudan Tribune, 7 April 2009, http://www.sudantribune.com/spip.php?article30804

"The Sudanese president Omer Hassan Al-Bashir today promised to investigate and prosecute those suspected of committing war crimes in the conflict ridden region of Darfur. However Bashir warned that any trials can only be commenced after reconciliation is achieved.

'After the reconciliation we will investigate those who are criminals and those who committed crimes and those who were killed and those who were killers. This is all guaranteed. Compensation will be paid. Everyone will get their right. This is justice' he told a rally in at the town of Zalengi in West Darfur.

.... 'Judgment, it is not here [in this world]. It is not with Ocampo [ICC prosecutor] or others. Our judgment is before God' Bashir said. He also praised the African Union (AU) panel headed by former South African leader Thabo Mbeki that is tasked with looking into ways to balance accountability with bringing peace into Darfur...."

iii. "Darfur rebels reject Bashir's call for reconciliation," Sudan Tribune, 8 April 2009,
http://www.sudantribune.com/spip.php?article30813

"Darfur rebel groups slammed the Sudanese President's call for reconciliation in Darfur and asked him to cooperate with international justice.

President Omer Hassan Al-Bashir - who is wanted by the International Criminal Court - pledged yesterday in a speech delivered in Zalingei, West Darfur, to investigate and prosecute those who committed war crimes in the region. However, he said that trials and compensations can only be commenced after reconciliation is achieved.

Ahmed Hussein Adam, the spokesperson of the rebel Justice and Equality Movement downplayed Bashir's offer saying such statement are 'nonsense' because they had been repeated in the past but never been implemented.

Abdelwahid Al-Nur, the leader of the Sudan Liberation Movement added that tribal reconciliation is a process well known by Darfur people to settle traditional conflicts but 'genocide and crimes against humanity committed by the regime should be tried by the ICC because they were committed by the government....."

See also:
Communique de presse of the Embassy of Sudan "Sudan president says reconciliation to precede justice: The Sudanese president Omer Hassan Al-Bashir today promised to investigate and prosecute those suspected of committing war crimes in the conflict ridden region of Darfur," 8 April 2009
http://search.globescope.com/sudan/index.php?mact=News,cntnt01,detail,0&cntnt01articleid=331&cntnt01returnid=15

iv. "Sudan says unable to go after Darfur war crime suspects," Sudan Tribune, 12 April 2009, http://www.sudantribune.com/spip.php?article30854

"Judicial prosecutions in the Western region of Darfur against war crimes suspects will not be possible under current circumstances, the Sudanese justice minister said today.

'Yes definitely there are war crimes in Darfur and when conflict erupts it has its consequences....no one can deny it. Whoever commits the crime and is unidentified should be investigated' Abdel-Basit Sabdarat told the Kuwait based Al-Rayaam newspaper in an interview.

'If you are able to know the person who committed the crime and able to pursue him, collect evidence that incriminate him but if you are unable to arrest [suspect] then you have undermined justice' Sabdarat said.

..... The commission concluded that Khartoum and government-sponsored Arab militias known as the Janjaweed engaged in "widespread and systematic" abuse that may constitute crimes against humanity.

They further said that Sudanese judiciary is 'is unable or unwilling' to prosecute those crimes and thus recommended referring the situation to the International Criminal Court (ICC). Sudan dismissed the commission's evaluation of its judicial system, saying that several individuals have been prosecuted and sentenced in connection with Darfur crimes...."

V. PANEL DEMANDS WOMEN TO BE PART OF PEACE TALKS

i. "Sudan: Nobel Laureates Demand Women Be Part of Peace Talks," All Africa,
14 April 2009, http://allafrica.com/stories/200904150002.html

"The international community must act immediately to resolve the political and humanitarian crises facing Sudan, said a panel of leading Sudan experts at a briefing here Tuesday, and ensure that any peace process formally include women's input.

'We were heartened by the Qatar process, and the efforts of Arab leaders to advance progress on peace talks between the government of Sudan and the main rebel group,' said Jody Williams, chair of the Nobel Women's Initiative. 'However, these peace talks are now disintegrating, and (President) Bashir is not being held accountable for the further suffering of the Sudanese people.'

'What Sudan needs now are real brokers for peace, instead of support for leadership that is wreaking yet more havoc in the region,' she said.

Last month, the International Criminal Court (ICC) issued an indictment of Sudanese President Omar al-Bashir on charges of war crimes and crimes against humanity in the war-torn Darfur region. The U.N. estimates the Darfur conflict has cost 300,000 lives, while over 2.7 million people have been displaced over the last six years.

Bashir rejected the decision, calling it a Western ploy to gain access to Sudan's resources. In retaliation for the ICC's arrest warrant, he forced 13 major humanitarian organisations out of Darfur, citing the need to protect the sovereignty and security of the country.

.... 'It is not acceptable that Bashir is not only travelling in defiance of his arrest warrant, but more gravely, has expelled humanitarian agencies from the area around Darfur,' said Dr. Wangari Muta Maathai, a former Sudanese parliamentarian and Nobel Peace laureate. 'Sudan must allow these groups back in, or we are looking at more lives lost due to starvation and lack of basic services.'

The African Union has called for a postponement of the ICC warrant, saying it puts a damper on already shaky peace talks and attempts to implement the Comprehensive Peace Agreement (CPA)...."



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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.
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