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Darfur (I): Remarks by Officials from France, Botswana, Ethiopia, Chad, Egypt and South Africa

20 May 2009

Dear all,

This is the first of a two-part message regarding the International Criminal Court's investigation in Darfur, Sudan.

This message includes recent remarks made by officials from France, Botswana, Ethiopia, Chad, Egypt and South Africa.

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

i. "Remarks by French Ministry Of Foreign Affairs Spokesman," Fed News service, 19 May 2009 (link not available)

" Q: Bahar Idris Abu Garda, leader of the United Resistance Front (URF), a Darfur rebel group, will voluntarily appear before the International Criminal Court (ICC) on Monday. Do you think it is also possible that President al-Bashir will voluntarily appear before the court?

SPOKESMAN: Bahar Idris Abu Garda is one of the Darfur rebels summoned to appear in relation to the attack on the African Union base in Haskanita on September 30, 2007, which resulted in the death of 12 soldiers from the AU force (AMIS). He will voluntarily appear before the International Criminal Court on May 18 in response to accusations against him, in particular a 'deliberate attack against peacekeeping personnel.'

This willingness to voluntarily cooperate with the Court is a positive development.The African Union had demanded that those guilty of attacking Haskanita be brought before international justice.The investigation carried out against the perpetrators of this attack demonstrates the impartiality of the International Criminal Court proceedings. We affirm our support for and confidence in the Court.France takes this opportunity to reiterate the demand that the international peacekeeping forces, the humanitarian workers and all those helping to protect the civilian populations be adequately protected. All those that deliberately attack these workers must answer to their crimes before a court.

With regard to the Sudanese authorities, we are expecting them to cooperate fully with the ICC.."

II. BOTWSWANA

i. "Botswana president supports ICC warrant against Sudan's Bashir," Sudan Tribune, 5 May 2009,
http://www.sudantribune.com/spip.php?article31084

"The president of Botswana Ian Khama dissented from African Union (AU) position on the arrest warrant issued by the International Criminal Court (ICC) for Sudanese president Omer Hassan Al-Bashir.

The prosecutors at the Hague based court accused Bashir of masterminding a campaign to exterminate African tribes in Sudan's Western region of Darfur. The AU along with Arab and Islamic countries criticized the arrest warrant and called on the UN Security Council (UNSC) to halt the indictment.

The independent Mmegi newspaper said that Khama made his stance during a meeting with visiting Tanzanian President Jakaya Kikwete last month. Khama told Kikwete that his government supported the arrest warrant and suggested that the AU was taking wrong positions on other African issues.

'We however note with regret that Africa is lapsing into the dark days of coups and unconstitutional changes as was the case in Mauritania, Guinea-Bissau and Madagascar' the newspaper quoted him as saying.

Following the case submitted against Bashir last year the ICC deputy prosecutor Fatou Bensouda travelled to Botswana and met with its president Festus Mogae at the time.."

ii. "Khama wants Bashir at ICC, AU differs," Mmegi Online, 5 May 2009,
http://www.mmegi.bw/index.php?sid=1&aid=2&dir=2009/May/Tuesday5

"A recent remark made by President Ian Khama that Sudanese President, Omar El Bashir, should be sent to the International Criminal Court in the Hague was in contravention of the African Union resolution adopted during a recent summit.

The summit resolved that the warrant of arrest for the Sudanese president should be suspended until next year to give it a chance to deal with the problem in Darfur.

The summit expressed its 'deep concern at the indictment made by the Prosecutor of the International Criminal Court (ICC) against the President of the Republic of Sudan, Omar Hassan Ahmed El Bashir'.."

See also: "Sudan: Sudanese Ask Khama to Go Easy On Al-Bashir," All Africa, 8 May 2009, http://allafrica.com/stories/200905100033.html

III. ETHIOPIA

"Ethiopia, Sudan push towards closer ties," Ethiopia Review, 7 May 2009,
http://www.ethiopianreview.com/articles/ethiopia-sudan-push-towards-closer-ties/

"Sudan's president Omar al-Bashir was here in Addis Ababa, his sixth foreign trip following an indictment by the International Criminal Court (ICC). President Bashir was leading a high level delegation from Sudan to participate in the Ethiopia-Sudan Second High-Level Joint Commission Meeting- the committee is chaired by Bashir and Ethiopian Prime Minister Meles Zenawi.

President Bashir was accompanied by some 32 senior high-ranking officials who had singed over 12 agreements with their Ethiopian counterparts in the areas of trade and investment, security, customs, capacity building and other sectors. The joint committee discussed also on ways to enhance bilateral relations and tackle ways to reactivate the implementation of previously signed agreements

..Ethiopian Prime Minister Meles Zenawi also echoed his government's support of president Bashir calling Sudan a close neighbor and that relations between the two countries have not been affected by the ICC indictment.

'This is a position that we will continue to stand by not as a favor to president Beshir but as a matter of principle and because the opposite course of action is neither in the interest of peace, nor in the interest of justice.'.."

IV. CHAD

"Chad will cooperate with ICC on Darfur crimes - Deby," Sudan Tribune, 13 May 2009,
http://www.sudantribune.com/spip.php?article31161

"Chad will cooperate openly with the International Criminal Court (ICC) on war crimes in Darfur, said President Idriss Deby to express his anger for Sudan's support to the rebels.

The ICC judges last March issued an arrest warrant against President Al-Bashir for Darfur war crimes. Last year the court also issued two arrest warrants for the former state minister of humanitarian affairs. The African Union rejected the ICC decision and seeks to suspend the ICC jurisdiction.

Chad, which is a State Party to the Rome Statute, also last week beat back an invasion launched from Sudan by an estimated three to five thousand fighters.."

V. EGYPT

"Bashir defies war crimes process," The Washington Times, 7 May 2009,
http://washingtontimes.com/news/2009/may/07/bashir-defies-court-about-war-crimes/

"Sudanese President Omar al-Bashir, the only head of state ever indicted by the International Criminal Court, is using foreign travel to flaunt the court's main weakness -- it can't arrest anyone.

As a result, its indictments can have unintended consequences, especially in this case, by possibly extending the suffering in Darfur.

'The ICC decision complicates matters more than it solves,' said Karim Haggag, a spokesman for the Egyptian Embassy in Washington. 'It certainly does not contribute to fostering the peace process, which we are trying to put forth.'

..None of the nations visited by Gen. Bashir has signed the 1998 statute that created the ICC as the world's first permanent war crimes tribunal, although 108 other countries have done so.

Aid workers and human rights activists blame regional leaders who have hosted Gen. Bashir for continued misery in Darfur.

'They say they are supporting Sudan, but they are not supporting the country; they are supporting one person, one criminal,' said Gabriel Stauring, director of Stop Genocide Now, a grass-roots organization working to end the killing in Darfur.

A statement issued by the Save Darfur Coalition, the Enough Project, Genocide Intervention Network, Refugees International, Physicians for Human Rights, Stop Genocide Now, Africa Action and the American Jewish World Service, underlined the role of international leaders in promoting justice.

'At a minimum, countries should not allow [Gen. Bashir] to travel to their territory and should limit diplomatic interaction with him in Khartoum to efforts to end the crisis in Darfur and bring peace to all of Sudan,' the coalition said. 'A regime led by an indicted war criminal cannot possibly be treated as a full member of the community of nations..'

VI. SOUTH AFRICA

i. "Sudan: Facing Arrest, Bashir Stays Away From South Africa," All Africa, 7 May 2009,
http://allafrica.com/stories/200905070644.html

"Sudanese President Omar al-Bashir will not attend South African President-elect Jacob Zuma's inauguration Saturday, a top South African official said at a media briefing Thursday.

According to Johannesburg's Business Day, a government spokesman said earlier this week that Bashir had been invited to the ceremony. However, a presidential source told Business Day, 'If he does [attend], that will create a situation, and we would be forced to arrest him, and we don't want that.'

The International Criminal Court has issued a warrant for Bashir's arrest on charges of war crimes and crimes against humanity. South Africa is a signatory to the Rome Statute, which established the court, which would compel authorities to arrest Bashir were he to visit the country.

South Africa's Department of Foreign Affairs director-general Ayanda Ntsaluba said at the Thursday briefing that although Bashir will not be attending, Sudan was sending a government delegation for the inauguration ceremonies.

Even without Bashir, South Africa is grappling with a few sticky issues in diplomatic protocol.."

ii. "Arresting Sudan's Beshir not a solution: SAfrican FM,' AfricaAsia, 14 May 2009,
http://www.africasia.com/services/news/newsitem.php?area=africa&item=090514174111.88srjibe.php

"South Africa's new foreign minister Maite Nkoana-Mashabane said Thursday Sudanese President Omar al-Beshir should not be arrested for war crimes, as this would not solve that country's problems.

'We know of many other not so democratic leaders around the world who are not being taken to The Hague. We don't think that will solve Sudan's problems, taking him there,' she said in an interview with public television.

SABC television reported her as saying attempts by the International Criminal Court (ICC) based in the Netherlands to arrest the leader for crimes against humanity were not constructive.

In her first engagement with media on Thursday, Nkoana-Mashabane signalled no major shift in foreign policy.."

iii. "South Africa maintains stance against ICC warrant for Sudan's Bashir," Sudan Tribune, 14 May 2009
http://www.sudantribune.com/spip.php?article31169

"The Sudanese president Omer Hassan Al-Bashir should not be hauled to the International Criminal Court (ICC) to face charges related to alleged war crimes committed in Darfur, the top diplomat in South Africa said today.

South Africa newly appointed foreign minister Maite Nkoana-Mashabane said that Bashir's arrest would not solve problems in Sudan and also hinted at double standards by the ICC.."

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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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