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Darfur (II): HRW Call on the UNSC; News on Sima Samar s Visit to Khartoum; Sudanese Supreme Court on Ali Kushayb; Harun Appointed Governor; Interview with Al-Bashir; Media Statements from ICC Prosecutor; Editoraisl and Analysis

28 May 2009

Dear all,

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

This message contains information on Human Rights Watch's call on the UN Security Council to challenge those in the African Union "who claim that peace efforts in Sudan are being undermined by the ICC warrant to arrest President Omar al-Bashir (I);" news reports on the alleged visit to Khartoum by UN Human Rights' Rapporteur for Sudan, Sima Smar (II) and the decision by Sudanese Supreme Court with regard to Ali Kushayb as well as reports on the appointment of Ahmed Harun to the governorship of South Kordofan province (III); transcript excerpts of a BBC interview with President Al-Bashir (IV); media statements from ICC Prosecutor Moreno-Ocampo (V); and several editorials and analysis including a brief excerpt from a 'New African' special report on the ICC (VI).

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. HRW URGES UNSC TO CHALLENGE AU

i. "HRW challenges AU on ICC warrant against Omar al-Bashir," Afrique en Ligne, 12 May 2009,
http://www.afriquejet.com/news/africa-news/hrw-challenges-au-on-icc-warrant-against-omar-al-bashir-2009051227440.html

"Human Rights Watch (HRW) Tuesday urged UN Security Council 'to challenge those in the African Union who claim that peace efforts in Sudan are being undermined by the ICC warrant to arrest President Omar al-Bashir,' the rights body said in a communique.

The call was made by Georgette Gagnon, Africa director at Human Rights Watch ahead of UN Security Council's 15-member-county's visit to four African nations including Ethiopia, where the envoys will hold a meeting with AU officials.

Human Rights Watch also pressed the council to make clear that - even though it has the authority - it will not consider any deferral of the ICC arrest warrant for al-Bashir. According to HRW, peace has eluded Darfur 'for years and the region is no closer now to a durable peace for the victims of the violence.'

Given the al-Bashir government's responsibility for the deaths of more than 300,000 Africans, such a decision would set an appalling precedent in international justice...."

II. UN RAPPORTEUR EXPECTED IN SUDAN

i. "UN human rights rapporteur expected in Sudan 24 May," BBC Monitoring, 24 May 2009 [link not available]

"The Special Rapporteur on the situation of human rights in Sudan, Sima Samar is expected to arrive in Khartoum today [Sunday 24 May] for a few days visit.

This visit comes within the framework of a 'tug of war' with the government after it refused her entrance into the country last month.

This was after Samar apologized for not visiting Sudan in March after the International Criminal Court (ICC) issued an arrest warrant for President Umar al-Bashir...."

ii. "Human rights rapporteur to arrive in Khartoum on Sunday," SUNA News, 21 May 2009, http://www.sunanews.net/english-latest-news/1273-human-rights-rapporteur-to-arrive-in-khartoum-on-sunday-.html

"The human rights rapporteur for Sudan, Sima Samar, would arrive in Khartoum on Sunday to meet with a number of officials and visit Darfur and south Sudan, prior to submiting her final report to the Human Rights Council in next June. In a statement to SUNA, the Rapporteur of the Consultative Human Rights Council, Dr. Abdul-Moniem Mohamed Taha, said that Sima Samar would meet with the Council and the National Team Monday at the Ministry of Justice. He said that Sima Samar will be provided with a report on the positive developments in the human rights field in Sudan."

III. SUDAN ON PROSECUTING KUSHAYB, APPOINTING HARUN

i. "Sudan says investigation underway with Darfur militia leader," Sudan Tribune, 6 May 2009,
http://www.sudantribune.com/spip.php?article31093

"A Darfur war crimes suspect wanted by the International Criminal Court (ICC) since 2007 is still undergoing investigation to determine if he can be criminally charged.

The judge at the Sudan's Supreme Court and head of technical office and scientific research in the forum of judiciary, Abdel-Rahman Sharfi told reporters that suspected Janjaweed leader Ali Kushayb will stand trial 'when there is enough evidence'.

Sharfi stressed that the investigations are going in the right direction 'in light of evidence' saying that the judiciary is 'independent and fair'.

He revealed that more than 36 members of the armed forces have been prosecuted in crimes relating to murder and looting and some have received death sentences...."

ii. "Sudan war crimes suspect to head disputed province," AFP, 8 May 2009,
http://www.google.com/hostednews/afp/article/ALeqM5imP9tDm4Z1RC38o5kIcZvcG3lYZg

"Sudanese President Omar al-Beshir has named Ahmed Harun, who is wanted for war crimes in Darfur, as governor of disputed south Kordofan province, transferring him from his post as a state minister.

Beshir, who himself is wanted for war crimes in Darfur, issued a decree late Thursday appointing Harun to take charge of south Kordofan, the oil-rich region which lies on the disputed north-south border.

Harun had remained as minister of state for humanitarian affairs despite an arrest warrant issued against him by the International Criminal Court in 2007, accusing him and militia leader Ali Kosheib of war crimes in Darfur.

The ICC issued the warrant for Harun on 51 charges of war crimes and crimes against humanity allegedly committed in Sudan's western Darfur region in 2003 and 2004.

Among the charges, which Harun denies, were the alleged murder and rape of civilians in Darfur while he served as minister of state for the interior.

Beshir has repeatedly refused to handover Harun and Kosheib, saying the ICC had no jurisdiction over his country. The president's decision to appoint Harun as governor of the sensitive region could be seen as a further act of defiance against the ICC, which in March issued an arrest warrant for Beshir himself on charges of war crimes and crimes against humanity in Darfur.

.....The region Harun is to head, south Kordofan, lies in the heart of the country and on the border with Darfur, scene of a war between the government and rebels since 2003 that the United Nations estimates has left 300,000 people dead and 2.7 million homeless. Sudan says 10,000 people died in the war.

South Kordofan also includes the contested border town of Abyei, the political and administrative status of which remains one of the most contentious outstanding issues in the implementation of a north-south peace deal in Sudan...."

iii. "Sudan's president removes ICC-wanted minister in a mini cabinet reshuffle," Sudan Tribune, 7 May 2009,
http://www.sudantribune.com/spip.php?article31103

"Sudanese President Omer Hassan Al-Bashir today has reshuffled his cabinet appointing two new ministers and removed the ICC-wanted state minister for humanitarian affairs from his position.

Ahmed Mohamed Haroun was the first Sudanese official indicted by the International Criminal Court (ICC) for war crimes in Darfur. The ICC issued its first arrest warrant in May 2007 for Haroun together with a militia commander Ali Mohamed Ali Abdel-Rahman, also known as Ali Kushayb.

In a presidential decree issued this evening Bashir appointed Dr. Abdel-Bagi Al-Jailani as the State Minister at the Ministry of Humanitarian Affairs. Haroun is designated as the governor of South Kordofan State.

ICC's prosecutor Luis Moreno-Ocampo accused Haroun of being the minister in charge of attacks on the villages and the camps. After his appointment at the ministry of humanitarian affairs, Ocampo said he had been appointed in this position to hinder the humanitarian assistance.

iv. "Sudan's Haroun to head key region," Reuters, 8 May 2009,
http://tvnz.co.nz/world-news/sudan-s-haroun-head-key-region-2720883

"Sudan has chosen Ahmed Haroun, wanted by the International Criminal Court on Darfur war crimes charges, as governor of a sensitive north-south border province that contains key oil fields, state media said.

State news agency SUNA said President Omar Hassan al-Bashir had named Haroun to lead the province of South Kordofan, which includes the contested border town of Abyei, site of clashes between northern and southern armies last year.

IV. AL-BASHIR INTERVIEW WITH BBC 'HARD TALK' PROGRAM

i. "President Omar Al-Bashir speaks to the BBC's HARDTalk," BBC News, 12 May 2009, http://news.bbc.co.uk/2/hi/africa/8046516.stm

"Sudan's President Omar al-Bashir has denied that his armed forces have targeted civilians in Darfur, in an exclusive interview with the BBC.

'I challenge anybody to bring me evidence that proves the Sudanese armed forces attacked and killed citizens in Darfur,' he told the BBC's HARDtalk.

In his first TV interview since being indicted on war crimes charges, he dismissed talk of crimes as propaganda. Mr Bashir was indicted by the war crimes court on 4 March.

He has poured scorn on the International Criminal Court charges, which were the first issued by The Hague-based body against a sitting president.

...'What happened in Darfur was an insurgency. The state has the responsibility to fight the rebels.' He added: 'We have never fought against our citizens, we have not killed our citizens.'

The ICC has accused President Bashir of two counts of war crimes - intentionally directing attacks on civilians and pillage - as well as five counts of crimes against humanity, including murder, rape and torture.

..... The UN estimates 300,000 people have died in Darfur's six-year conflict and millions more have been displaced.

But President Bashir said figures for casualties in Darfur were 'less than one tenth of what has been reported'.

'Any talk about crimes committed inside Darfur is a hostile and organised media propaganda to tarnish the reputation of the government and is a part of the declared war against our government,' he added.

Mr Bashir has denounced the ICC warrant as part of a neo-colonial Western plot to take over Sudan...."

ii. "Bashir denies targeting civilians in Darfur -BBC," Reuters, 12 May 2009,
http://www.reuters.com/article/africaCrisis/idUSLC807775

"Sudan's President Omar Hassan al-Bashir, facing an international arrest warrant for suspected war crimes, has denied targeting civilians in Darfur and challenged the courts to back up the allegations.

Bashir told the BBC he had a responsibility to send troops to fight a rebel uprising in Darfur and that any other leader would have done the same.

'I challenge anybody to bring me evidence that proves the Sudanese armed forces attacked and killed citizens in Darfur,' the BBC quoted him as saying on its website.

'We have never fought against our citizens, we have not killed our citizens. They came to the government for protection.'

.... The court's chief prosecutor Luis Moreno-Ocampo told Reuters on Monday that he was confident the court's judges will soon charge Bashir with genocide.

...'I assume full responsibility for what has happened to my citizens,' Bashir said in a brief excerpt of the interview shown on BBC television on Tuesday. The full interview is due to be broadcast on Thursday. 'However, what has been reported to have happened in Darfur did not actually take place. What happened in Darfur was an insurgency...."

V. ICC PROSECUTOR STATEMENTS TO MEDIA

i. "Bashir sure to face genocide charges: prosecutor," Interview with ICC's Chief Prosecutor, Louis Moreono-Ocampo, Reuters, 12 May 2009,
http://thestar.com.my/news/story.asp?file=/2009/5/12/worldupdates/2009-05-12T084011Z_01_NOOTR_RTRMDNC_0_-395593-1&sec=Worldupdates

"The chief prosecutor of the International Criminal Court said on Monday he is confident the court's judges will soon charge Sudan's president with genocide and three Darfur rebels with war crimes.

A three-judge panel at The Hague-based court in March issued a warrant for the arrest of President Omar Hassan al-Bashir on suspicion of war crimes and crimes against humanity for deportations and mass killings in Sudan's western Darfur region.

While they charged Bashir on seven counts of crimes in Darfur, two of the three judges deemed the evidence insufficient to support genocide. In an interview with Reuters, the prosecutor, Luis Moreno-Ocampo, said he had clarified the case to the point that it should meet the judges' high evidence threshold.

'It's more than enough for the arrest warrant phase,' he said.

Moreno-Ocampo said that the judges had required that he go beyond the normal criteria for an arrest warrant -- sufficient grounds for belief of guilt -- and remove any doubt that Bashir had tried to exterminate at least one specific group of people, normally the threshold for a guilty verdict.

.... The Sudanese government has rejected Moreno-Ocampo's charges and is refusing to cooperate with the court. Khartoum has retaliated by expelling 13 foreign and three domestic humanitarian aid agencies, accusing them of collaborating with the ICC.

....Despite an international arrest warrant hanging over his head, Bashir has made a point of visiting several countries that have voiced opposition to the ICC indictment, including Qatar, Ethiopia, Eritrea and Egypt.

But Moreno-Ocampo expressed satisfaction that Bashir would not be able to attempt Jacob Zuma's presidential inauguration in South Africa this weekend. Pretoria has warned Khartoum that the Sudanese leader could be arrested.

'That's the point, the law is there,' he said. 'Bashir is trying to show how he can travel to different countries. For me he's just showing his desperation.'..."

ii. "Britain failing to make Bashir's arrest a priority, says ICC's chief prosecutor," The Guardian, 24 May 2009, http://www.guardian.co.uk/world/2009/may/24/moreno-campo-uk-sudan-al-bashir

"The UK's 'complex agenda' is preventing it from doing more to ensure the arrest of the Sudanese president, Omar al-Bashir, for war crimes and crimes against humanity, the world's most powerful prosecutor said yesterday, claiming that Bashir 'continues to commit crimes every day'.

Speaking at the Hay literary festival, the chief prosecutor of the international criminal court, Luis Moreno-Ocampo, below, singled out the UK as one of a number of permanent members of the UN security council that should show 'unity and leadership' in taking a tough line on Sudan.

'Bashir must be stopped,' he said. 'The destiny of Bashir is to face justice - it's a matter of time. If China, the US, the UK and Europe acted together, we would stop him'. But he added: 'What's the advantage for UK to be tough with Sudan when they have so much else on the agenda?'

Moreno-Ocampo's comments come as opinion on the Sudanese president's indictment continues to be divided. The prosecutor called for his arrest in July last year, accusing Bashir of orchestrating a campaign of killings, rape and deportation in the western region of Darfur...."

VI. EDITORIALS AND ANALYSIS

i. "Targeting Africa: The Case for and against the ICC," New African, May 2009, http://www.africasia.com/newafrican/

"Why are African leaders incenses about the indictment of the Sudanese president, Omar al-Bashir, by the International Criminal Court (ICC)? Is Africa asserting itself now because it feels unduly targeted by the ICC? Read it all here, in our 33-page special report."

ii. "ICC Suspect Rewrites Tired Old Script," by Katy Glassborow, 23 May 2009,
http://www.iwpr.net/?p=acr&s=f&o=352717&apc_state=henh

"The International Criminal Court's encounter with its first suspect to voluntarily come to The Hague to face justice has not only given the court a much-needed morale boost, but also rewritten the tired old script of other accused that ICC undermines peace efforts and no good will come from it.

Rebel leader Abu Garda is so far the only suspect to come to The Hague on a summons to appear basis, and volunteer himself with good grace. He is cooperating with the court, seemingly confident he will receive a fair trial, and says justice is desperately needed to bring peace to Darfur. This is music to the ears of the ICC.

All of the court's thirteen other suspects from Uganda, Sudan, the Central African Republic and Congo have been issued with arrest warrants - four of whom have been tracked down and apprehended.

The others have snubbed the ICC and managed to evade capture for years. Some have died since their arrest warrants were issued.

Those remaining fugitives continue to trot out the now predictable 'peace versus justice' mantra, seeking to persuade the international community or victims in their own countries that prosecutions will stymie peace deals.

......In all of the ICC's situation countries, justice has been downplayed in debates over how to achieve peace, and the court has been forced to stand by and listen as suspects vow never to sign peace deals while arrest warrants are on the table.

Doubts have been cast over whether the ICC will ever be able to apprehend suspects like Congolese rebel leader Bosco Ntaganda who has now been integrated into the army - a big snub to the court seeing as Congo is an ICC member state and supposed to help execute arrest warrants...."

iii. "Behind the defiance, a whirr of diplomacy," The Economist, 7 May 2009,
http://www.economist.com/world/mideast-africa/displaystory.cfm?story_id=13610793

"Two months after the International Criminal Court (ICC) at The Hague issued an arrest warrant for Sudan's president, Omar al-Bashir, for alleged war crimes in his country's battered western region of Darfur, he seems to be sitting pretty. He has remained entirely unapologetic for the deaths of some 300,000 of his compatriots...In sum, he has demonstrated that the arm of the ICC's law is embarrassingly short.

But beneath the surface, things have been less simple, less predictable and less easy for Mr Bashir. Many expected his government to lash out at its enemies, real or imagined, even more fiercely. After its initial huff and puff, it has not done so. In truth, Sudan's rulers have been rattled by the indictment. As a result, they have been trying anew to ingratiate themselves with the West and with governments farther afield on a range of issues, all in the hope of persuading the UN Security Council to ask the ICC to suspend its indictment, which it has the power to do, for a year at a time. Despite the Sudanese government's defiant rhetoric and the expulsion of the aid agencies, it has quietly shifted on several points. It can change tack again, as it has before. But it is plainly not immovable.

.... Above all, Sudan's government still craves normal diplomatic ties with America and yearns to be taken off the State Department's list of sponsors of terror. This is the West's strongest lever for persuading Mr Bashir to end his military campaign in Darfur and to meet his obligations under the CPA, such as holding elections.

All these initiatives may lead nowhere. Sudan has long seemed inclined to fragmentation and conflict. No sooner had Chad signed its latest pact with Sudan than it accused Mr Bashir's army of launching an attack across the border, which the Sudanese denied. By the same token, JEM was reluctant to attend the meeting in Qatar, but Mr Gration persuaded it to do so.

Since the turn of the year, fighting-between government forces and the rebels, and between tribes and rebel factions in the ravaged west-has been sporadic. Supplies of food and medicine left behind by the foreign agencies have nearly run out. But at least people are talking. And Sudan's prickly government is giving a little ground, despite-or perhaps even because of-that controversial ICC indictment...."

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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.
Communications to the ICC can be sent to:
ICC
P.O. box 19519
2500 CM the Hague
The Netherlands