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Darfur II: Position of France, The Netherlands, UK, Russian Federation, USA, African Union on the investigation in the Sudan

24 Apr 2009

Dear all,

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

This message contains information on the positions of France, The Netherlands, UK, Russia, USA and the African Union and Sudan on the Court's investigation in Darfur.

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. FRANCE, THE NETHERLANDS AND UK STANCE ON DARFUR

i. "US, France unhappy about Arab & African support to Sudan's Bashir: report," Sudan Tribune, 4 April 2009,
http://www.sudantribune.com/spip.php?article30763

"The US and French government have agreed that the support lent by Arab states to embattled Sudanese president is 'regrettable', according to a news report.

The Saudi owned Al-Hayat newspaper quoting a source familiar with talks said that the US president Barack Obama and his French president Nicolas Sarkozy discussed the indictment of Sudanese president Omer Hassan Al-Bashir by the International Criminal Court (ICC) last month. Obama is visiting France for the summit of the North Atlantic Organization (NATO).

The source said that both Obama and Sarkozy were disappointed at the backing of the Arab League and African Union (AU) to Bashir. Both organizations have expressed dissatisfaction at the ICC move against Bashir and alleged double standards in dealings with crimes worldwide. The Arab League leadership summit held this week in Qatar issued a resolution rejecting of the ICC warrant and called on its members not to cooperate with the court...."

ii. "No peace in Darfur without justice - French official," Sudan Tribune, 11 April 2009, http://www.sudantribune.com/spip.php?article30842

"The French Secretary of State for Human Rights, Rama Yade, said Saturday during a visit to Ethiopia, that there 'is no peace without justice'. Yade was referring to the arrest warrant issued by the Court International Criminal against Sudanese President Omer Al-Bashir. The ICC issued on March 4, an arrest warrant against President Omer Al-Bashir for war crimes and crimes against humanity in Darfur, where the government conducts since 2003 a counter-insurgency campaign leading to the death of some 300.000 people, according to the UN.

'There will be no peace in Darfur, no peace without justice in Sudan,' said the minister at the end of a two-day visit to Ethiopia. The ICC arrest warrant 'will help the victims to support justice. We consider this arrest warrant as an important step forward in the fight against impunity,' the French official underscored...."

iii. "Sudanese officials visit France for talks on ICC row," Sudan Tribune, 10 April 2009, http://www.sudantribune.com/spip.php?article30836

"Sudan will send a high level delegation to France for talks on the row with the International Criminal Court (ICC), according to a news report. The London based Al-Sharq Al-Awsat quoting French sources said that the delegation will arrive in ten days to discuss the Darfur crisis.

The delegation will consist of presidential assistant Nafi Nafi, presidential adviser Mustafa Ismail and Abdel-Basit Sanoosi chief of bilateral relations at the Sudanese foreign ministry. The newspaper said that the delegation will meet the French foreign minister Bernard Kouchner, and Bruno Joubert. Relations between the two countries are strained over the support of France to the ICC arrest warrant against Sudanese president Omer Hassan Al-Bashir issued last month..."

iv. "Dutch envoy supports the arrest of Sudanese president," APA News, 15 April 2009,
http://www.apanews.net/apa.php?page=show_article_eng&id_article=95768

"Dutch ambassador Karel van Kesteren on Wednesday expressed support of the International Criminal Court (ICC)'s intention to arrest Sudanese President Omar al Bashir for his part in committing human rights abuses in his country's western region of Darfur.



Speaking during an interview with APA in Dar es Salaam on Wednesday, the envoy said the international court was justified to issue an arrest warrant for the Sudanese leader. Bashir is accused of war related crimes in Sudan, particularly in Darfur where thousands of Sudanese have died and hundreds of thousands others displaced from their homes by the government backed Janjaweed Arab militia. The envoy said given contradicting arguments on the innocence of Bashir, it would be better for the court to try him so that it could be determined whether or not he was guilty of the charges leveled against him...."

v. "Sudan to hold joint talks on Darfur with French and British officials," Sudan Tribune, 17 April 2009,
http://www.sudantribune.com/spip.php?article30911

"Senior Sudanese officials will hold talks with French and British officials in Paris next week to discuss the Darfur crisis and the International Criminal Court (ICC) arrest warrant for President Omer Al-Bashir.

Sudan seeks to persuade France, United Kingdom and the United States to not veto any future African and Arab demand to the United Nations Security Council to suspend the ICC jurisdiction on Darfur war crimes.

A Sudanese delegation led by Presidential Assistant Nafi Ali Nafi will discuss the Darfur conflict and the ICC arrest warrant in a joint meeting with French foreign minister Bernard Kouchner and British Foreign Office Minister for Africa Lord Malloch Brown next week. Speaking to the official SUNA, Ambassador Abdel Bassit Al-Sanossi, the director of the bilateral relations department at the foreign ministry added that the delegation will also tackle the implementation of the Comprehensive Peace Agreement...."

vi. "France says arrest warrant for Darfur suspects must be executed," Sudan Tribune, 21 April 2009,
http://www.sudantribune.com/spip.php?article30958

"The French government said today that Sudan must cooperate with the International Criminal Court (ICC) in executing all arrest warrants issued against individuals in connection with war crimes committed in Darfur. The deputy spokesperson of the French Ministry of Foreign Affairs Frederic Desagneaux told reporters today that Sudan must 'fulfills its obligations towards the ICC and the Security Council. The applications of the ICC must be satisfied. Three arrest warrants have been issued by the Court, they must be implemented and we urge the full and unambiguous cooperation of Sudan with the ICC,' Desagneaux said.

The French official's remarks come on the eve of a visit by a high level Sudanese delegation to discuss a number of issues including the ICC arrest warrant against president Omer Hassan Al-Bashir. Khartoum has long sought to convince Paris to support a deferral of Bashir's indictment through a UN Security Council (UNSC) resolution. So far these efforts have yielded little success...."

vii. "Beshir arrest warrant threaten Sudan peace: envoys," AFP, 23 April 2009,
http://news.yahoo.com/s/afp/20090423/wl_africa_afp/sudanunrestdiplomacywarcrimes_20090423125753

"Sudanese envoys urged the West Thursday to forget about the war crimes arrest warrant issued against their president and said Khartoum wanted to normalise ties with the international community.

'If we can't have cooperative and friendly bilateral ties, that will have an effect on the Darfur question and the peace deal with the South,' Nafie Ali Nafie, a senior adviser to President Omar al-Beshir, warned in Paris. Prosecutors at the International Criminal Court accuse Beshir of war crimes and crimes against humanity in Sudan's western region of Darfur, where the United Nations says six years of conflict has killed 300,000 people.

... Nafie and fellow senior Beshir aide Othman Ishmael have spent three days in Paris meeting diplomatic officials, including French Foreign Minister Bernard Kouchner and Britain's junior foreign minister Mark Malloch Brown.

French officials said they told them that Sudan must cooperate with the ICC arrest warrant and lift a ban on international aid workers in Darfur. Beshir's envoys told reporters Sudan hoped to normalise its relations with Western capitals, but they did nothing to moderate Beshir's harsh language and dismissed the ICC arrest warrant as dangerous and impractical...."

viii. "Sudan, France & UK conclude talks without agreement," Sudan Tribune, 22 April 2009,
http://www.sudantribune.com/spip.php?article30967

"The Sudanese delegation ended their talks last night with French and British officials in Paris with neither sides appearing to reach common grounds on issues discussed.
Khartoum dispatched a high level delegation to the French capital consisting of presidential assistant Nafi Nafi, presidential adviser Mustafa Ismail and Abdel-Baset Sanoosi chief of bilateral relations at the Sudanese foreign ministry.

The French side was represented by foreign minister Bernard Kouchner and British side by Mark Malloch-Brown, Foreign Office Minister for Africa. The deputy spokesperson of the French Ministry of Foreign Affairs Frederic Desagneaux said that the meetings "covered all the issues concerning the Sudan, whether in the humanitarian situation, security, stability or the dynamics of peace"

.... On the arrest warrants issued by the International Criminal Court (ICC) against Sudanese officials, the French and British delegations 'reiterated their commitment to international criminal justice and cooperation with the ICC', the French diplomat said..."

See also:
"It is time for Beshir to appear in court - Dutch Ambassador," The New Sudan Vision, 15 April 2009
http://www.newsudanvision.com/index.php?option=com_content&view=article&id=1638:it-is-time-for-beshir-to-appear-in-court-dutch-ambassador&catid=1:sudan-news-stories&Itemid=6


II. RUSIA AND SUDAN

i. "Russia presidential representative for Sudan arrives in Egypt," Hot News, 6 April 2009, http://hotnews.hughpages.com/tell_10302_id_905.php

"Russian presidential representative for Sudan Mikhail Margelov arrived in Cairo on Monday to discuss with the Egyptian leadership the situation in Sudan and bilateral relations. In the Egyptian capital Margelov is to meet with Foreign Minister Ahmed Ali Aboul Gheit, Director of the Egyptian General Intelligence Services, General Omar Suleiman, Arab League Secretary General Amr Moussa.

Margelov told Itar-Tass that the Cairo meetings would highlight such issues as the results of the Arab League summit in Qatar in the context of a visit to Doha of Sudanese President Omar al-Bashir, as well as the reaction of the Arab world on an arrest warrant issued by the International Criminal Court in The Hague for the Sudanese leader..."

ii. "Russia announces it would cooperate at UNSC to Abort ICC Decision," Sudanese Media Center, 7 April 2009,
http://english.smc.sd/enmain/entopic/?artID=16953

"Russian Soviet Parliament deputy hose speaker Viladiskar Girofiski said his country would exert efforts with friendly countries at UNSC to abort what so called international criminal Court decision issued to indict president Al-Bashir.
Girofiski urges international community to bear responsibility of supporting peace process in Darfur...."

iii."Russia unhappy about Sudan's expulsion of aid groups," Sudan Tribune, 8 April 2009,
http://www.sudantribune.com/spip.php?article30816

"The decision by Sudan to expel aid groups from Darfur is an 'illogical step' a senior Russian official said today. The Russian special envoy to Sudan Mikhail Margelov made those remarks in Cairo where he held talks with Egyptian and Arab League officials focused mainly on the Darfur crisis and the arrest warrant issued by the International Criminal Court (ICC) against president Omer Hassan Al-Bashir.

Margelov said his government rejects the ejection of relief groups by Khartoum but expressed Russia's willingness to help any party wishing to deliver aid to Darfur.
The remarks a rare criticism by Moscow to its African ally. Both countries enjoy strong military ties...."

Sudan accused the expelled groups of collaborating with the ICC in its Darfur investigations. But the court's prosecutor said he received "zero" information from them. The Russian envoy criticized the ICC arrest warrant against Bashir saying that it came at a 'bad timing'. He affirmed however that Moscow will maintain contacts with the embattled president as the 'legitimate and elected' leader in Sudan.

Asked whether Russia would veto any attempts in the UN Security Council (UNSC) to enforce the arrest warrant, Margelov said 'it is too early' to determine a position on the issue...."

III. USA AND SUDAN

i. "US envoy meets with SLM-Nur faction commanders in Darfur," Sudan Tribune, 5 April 2009,
http://www.sudantribune.com/spip.php?article30775

"The US special envoy to Sudan J. Scott Gration met today with commanders of a rebel group in Darfur and discussed their vision on ways to resolve the six years conflict.

Nimir Mohammed Abdul-Rahman, the military spokesperson of Sudan Liberation Army (SLA) headed by Abdel-Wahid Al-Nur told Sudan Tribune by phone from Darfur that the meeting took place east of Jebel Marra Mountains.

The SLA official said they emphasized to Gration that they want the 'unconditional return' of all relief groups that were expelled by Khartoum last month after being accused of collaborating with the International Criminal Court (ICC) in its investigations. He also said that they conveyed that their view of the conflict is comprised of a security, humanitarian and political aspect....

He also said that they stressed to Gration their "firm" position on cooperating with the ICC regarding the ICC arrest warrant against Sudanese president Omer Hassan Al-Bashir issued last month saying the UN Security Council (UNSC) and its P-5 members should throw their full support behind it...."

ii."Obama's envoy in talks with S. Sudan president over fragile peace," Sudan Tribune,
6 April 2009,
http://www.sudantribune.com/spip.php?article30787

"In their first meeting, the US presidential envoy to Sudan and the President of Southern Sudan government discussed at length the outstanding issues facing the Comprehensive Peace Agreement, according to information released by the regional government.

The two men, both of them highly decorated generals, shared a like appearance in their wide-brimmed hats.

General Salva Kiir Mayardit - GOSS president, leader of the region's ruling party and also Vice President of the Republic - met for two hours in his office with the envoy sent last Monday by US President Barack Obama, former Air Force General Scott Gration.

.... The high-level meeting today also discussed a number of issues in regard to the US-Sudan bilateral relations, development and many other important issues related the implementation of the Comprehensive Peace Agreement. They also discussed the census, elections, Darfur and the GOSS and SPLM position on the International Criminal Court arrest warrant of President Al-Beshir...."

iii. "Kerry to discuss peace accord in Sudan," AFP, 6 April 2009 [link not available]

"Democratic US Senator John Kerry will discuss US-Sudan relations and snarled efforts to implement a 2005 north-south peace deal when he visits the country next week, an aide said Monday. But the top lawmaker will not meet with President Omar al-Beshir, who is under an International Criminal Court arrest warrant for alleged war crimes and crimes against humanity during the six-year conflict in Darfur, the aide told AFP...."

iv. "US Senator Kerry endorses peace approach with Khartoum," Sudan Tribune, 17 April 2009, http://www.sudantribune.com/spip.php?article30910

"US Senator John Kerry left Khartoum to visit the capital of the North Darfur state government, El Fasher, where he offered up the possibility of major concessions to the Government of Sudan.

... The senator's visit follows that of President Barack Obama's envoy to the country, Scott Gration, and marks another indication that the new administration is inclined to engage with the Sudan government rather than confront it, as had been feared by some Sudanese officials.

.... The former US presidential candidate noted that the International Criminal Court's arrest warrant against the country's president for war crimes and crimes against humanity was no obstacle for the US to deal with the wanted leader.

.... The United States is not a party to the ICC, and therefore has announced it is not faced with any legal constraints stemming from the warrant. However, Kerry did not meet with President Al-Bashir himself, though he did meet with his closest aides, including Second Vice President Ali Osman Taha and the Presidential Assistant Nafi Ali Nafi...."

v. "Interview--Kerry says ICC case no bar on Darfur peace drive," Reuteres, 17 April 2009, http://www.alertnet.org/thenews/newsdesk/LH612957.htm

"U.S. Senator John Kerry said on Friday the International Criminal Court's war crimes charges against Sudanese President Omar Hassan al-Bashir should not stop efforts to resolve the Darfur conflict.

'Of course, there is no question it has complicated matters. We'll just have to see where we go along the road,' Kerry, who heads the U.S. Senate's Foreign Relations Committee, told Reuters in an interview during a visit to Darfur. But he said: 'The humanitarian issue and the issue of governments working together transcends whatever external factors there may be.' Kerry, leading a congressional delegation to Sudan, said there was an urgent need for a peace deal in the western Darfur region, where he met displaced people and senior members of the joint United Nations and African Union peacekeeping force...."

See also:
a."U.S. envoy has 'constructive' talks with Sudanese FM," Borglobe, 9 April 2009
http://www.borglobe.com/index.php?option=com_content&view=article&id=90:-us-envoy-has-qconstructiveq-talks-with-sudanese-fm-&catid=1:general-news&Itemid=99
b. "US Senator Kerry to visit Darfur," Sudan Tribune, 9 April 2009
http://www.sudantribune.com/spip.php?article30824


IV. THE AFRICAN UNION ON DARFUR

i. "Darfur conflict lasting 'too long': Mbeki," AFP, 4 April 2009, http://news.yahoo.com/s/afp/20090404/wl_africa_afp/sudandarfurunrestsafrica

"The conflict in Darfur has dragged on for too long, former South African president Thabo Mbeki said Saturday after talks with Sudanese leader Omar al-Beshir.

'This conflict has lasted too long,' Mbeki told reporters in Khartoum, where he is leading a high-level African Union panel that is looking into the conflict and drawing up recommendations for the AU peace and Security Council.

.... Its visit coincided with one by the US special envoy for Darfur, Scott Gration, who said Saturday in Khartoum that the humanitarian crisis in the vast, arid and impoverished western region is "on the brink of deepening".

.... While the panel is looking into the impact of last month's expulsion of 13 international aid groups from Darfur, Mbeki noted that the African Union has not asked it look into the ICC warrant against Beshir.

Other members of the AU panel include the former Burundi and Nigerian presidents Pierre Buyoya and Abdusalami Abubakar...."

ii. "African peace and security body briefed on Darfur situations," Sudan Tribune, 6 April 2009,
http://www.sudantribune.com/spip.php?article30784

"The African Union Peace and Security Commission (AUPSC) had been briefed today on the impact of the arrest warrant against the Sudanese President on the peacekeeping operation in Darfur as well as the ongoing efforts to reach peace there.

... The rebel Justice and Equality Movement which had agreed to engage peace talks with Khartoum suspended the Doha process saying the expulsion of the aid groups breaches a goodwill agreement it inked with the government three weeks before.

...Rodolphe Adada the AU-UN Joint Special Representative briefed the AUPSC on the impact of the arrest warrant issued at the beginning of last month by the International Criminal Court (ICC) for Sudanese President Omar Al-Bashir.

Adada also briefed the Commission on the current military strength of UNAMID, which stands at more than 12,000 of the 19,555 force authorized by the Security Council over one year ago...."

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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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2500 CM the Hague
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