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Darfur, Prosecutor s Ninth Address to UNSC: CICC, Member, OTP Media Statements; Links to Ninth OTP Address and Report

05 June 2009

Dear all,

On 5 June 2009, ICC Prosecutor Luis Moreno-Ocampo briefed the United Nations Security Council on the Court's investigation in Darfur, Sudan. In advance to his presentation, the CICC organized a press briefing at the UN Headquarters, with the participation of prominent human rights activists who called for cooperation with the Court's investigation.

In compliance with UN Security Council Resolution 1593, through which the situation in Darfur was referred to the Court, the ICC prosecutor is required to report to the Council every six months regarding progress in the investigation.

This is the prosecutor's ninth report to the Council and updates progress in the Darfur investigation since the prosecutor's last report to the Council on 3 December 2008.

In this digest you will find the CICC media advisory; a press release from the ICC Office of the Prosecutor; links to the ICC prosecutor's statement to the Council and his ninth report, and CICC member statements.

On Monday, 8 June 2009, we will send out a digest of media coverage of the prosecutor's briefing.

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.


CICC Secretariat
[email protected]<mailto:[email protected]>

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I. CICC ADVISORY AND PRESS CONFERENCE

i. "Global Coalition for the ICC Urges Security Council to Support the Enforcement of the ICC Judges' Decision Calling for the Arrest of President Al-Bashir, Ahmed Harun and Ali Kushayb," CICC Advisory, 4 June 2009, http://www.coalitionfortheicc.org/documents/CICC_Advisory_4_June_09_Briefing.pdf

"WHAT: The Coalition for the ICC (CICC) will be hosting a media briefing in advance of the ninth address by the Prosecutor of the International Criminal Court Luis Moreno-Ocampo to the United Nations Security Council regarding his investigation in Darfur, Sudan.

The prosecutor's briefing is scheduled for 10 a.m. Friday, 5 June 2009. Afterward, the prosecutor is expected to field questions from the press at the UN Media Stakeout Point outside the Security Council Chamber.

This is the prosecutor's first briefing following the ICC judges' issuance of an arrest warrant for Omar Hassan Ahmad Al-Bashir, the president of Sudan, as well as the recent voluntary appearance before the Court of Bahr Ibriss Abu Garda in response to allegations of his involvement in the Haskinita attacks.

To follow the Coalition's briefing via live UN Webcast, visit www.un.org/webcast

WHO: Panel participants will include:

>> Omer Ismail: Native of El-Fashir, Sudan; Adviser, ENOUGH Project and
>> Vice President of Advocacy, Darfur Peace and Development

>> Richard Dicker, Director, International Justice Program, Human Rights
>> Watch

>>CICC Program Director Tanya Karanasios will moderate the discussion

WHY: There have been strong public indications that, following the International Criminal Court's 4 March 2009 arrest warrant for President Al-Bashir, the Sudanese government has grown increasingly more uncooperative with the Court and has reportedly retaliated against innocent civilians. Anything less than full cooperation with the ICC threatens to undermine the authority of the Security Council, which referred the situation in Darfur to the Court through UNSC Resolution 1593 in March 2005.

Accordingly, the CICC calls on all ICC member states, the government of Sudan, and other relevant parties to fulfill their obligations under the UN Charter and the Rome Statute and thereby cooperate with the Court to ensure that President Al-Bashir, Ahmad Harun and Ali Kushayb are brought before the Hague-based ICC to face justice.

The prosecutor's ninth report is expected to urge the Security Council to push states to cooperate with the Court and define a framework by which UNSC 1593 can be implemented without further delay. The report is also expected to urges states to sever all non-essential contact with ICC suspects."

ii. "Press conference by the Coalition for the international criminal court," UN Department of Public Information, 4 June 2009, http://www.un.org/News/briefings/docs//2009/090604_CICC.doc.htm
"The Coalition for the International Criminal Court (CICC) called on the Security Council to press for the surrender and trial of President Omar al-Bashir of Sudan and others wanted for serious crimes committed in Darfur, at a Headquarters press conference this morning.
Speaking to the press in advance of tomorrow's briefing of the Security Council by the Prosecutor of the International Criminal Court, Luis Moreno-Ocampo, were Richard Dicker, Director, International Justice Programme, Human Rights Watch, and Omer Ismail, Vice-President, Advocacy, Darfur Peace and Development, and Advisor for the Enough Project. The briefing was moderated by CICC Programme Director Tanya Karanasios.
Opening the discussion, Ms. Karanasios recalled that, on March 4, Court judges had issued an arrest warrant for President al-Bashir on charges of crimes against humanity and war crimes. Arrest warrants had also been issued for the former State Minister for Humanitarian Affairs, Ahmed Haroun, and a Janjaweed militia leader Ali Kosheib. On 17 May, the Court had charged a rebel leader, Bahar Idriss Abu Garda, with war crimes stemming from an attack on an African Union base in South Darfur that had killed 12 peacekeepers and civilian police officers from the African Union Mission in Sudan. Abu Garda had voluntarily made his initial appearance before the Court on 18 May. The judges were still examining allegations in relation to two other rebel suspects, whose names had not been publicly released.
'These facts demonstrate that, in many respects, the Court has done its job, and now the United Nations Security Council States parties, the UN and regional bodies must do their job to pursue their commitment to end impunity for genocide, war crimes and crimes against humanity,' she said. Although some African leaders had criticized the Court's arrest warrant for al-Bashir, many civil society groups in Africa had reaffirmed their strong support for the work of the Court.
'There is no peace without justice,' said Omer Ismail, a native of El Fashir in western Sudan, characterizing the arrest warrant against al-Bashir as the most remarkable development for bringing real peace to Darfur since the crisis had started in 2003. President al-Bashir was the head of Sudan's Government and must be responsible for what had happened in Darfur. The international community must help the people of Darfur to bring him to justice. 'Regardless of the position of the Government of the United States on the [Court]", the Darfurians had also asked President [Barack] Obama for his support for the international community's efforts to help them bring the perpetrators to justice.
The Government of the Sudan was trying everything in its power to either 'kick the can up the road' by invoking Chapter 16 of the Rome Statute, which enables the Security Council to defer an investigation or prosecution for a year, or to cancel the arrest warrant, he continued. The world should say no to such efforts. It was important for the international community to 'stop this nonsense by the Government of Sudan' and support the Court. The truth regarding Darfur had been established by the investigation by the Court and 'millions of pages of reports', and there was no way the world could say it did not really know what had happened there. It had been established that atrocities, crimes against humanity, war crimes and genocide were taking place. The Government of Sudan had been clearly established as the culprit. Also clearly defined had been the victim. It was the people of Darfur.
Mr. Dicker said that it was essential to 'scrape away the diplomatic double speak"'and really get down to the essence of the matter....The effort to bring those most responsible to justice was the framework for everything that was going to be discussed in connection with Darfur today and tomorrow. His expectation for the Security Council's meeting tomorrow was that the great majority of its members would make clear their views that, although not a State party to the Court, Sudan was obligated to cooperate with the court under Security Council resolution 1593 (2005), which had referred the situation in Darfur to it. It was unfortunate that the Council meeting following the Prosecutor's report would take place behind closed doors. While there was a time and place for private diplomacy, those discussions required a public airing. It was important to enforce 1593.
'Let us not be surprised or draw the wrong conclusions from the fact that three months after the issuance of the arrest warrant the accused is still at liberty,' he said. The fact that Omar al-Bashir remained at large hardly rendered the investigation and arrest warrant by the Court a meaningless exercise. Among several important recent developments, he mentioned the failure of the efforts to suspend proceedings against al-Bashir, and last month's appearance of a rebel leader before the Court. It was also important that the efforts to make the Court appear as if it was driven by an "anti-African agenda" had been set back in recent days. He was confident that justice would be done for the victims in Darfur.
To a question about the African Union, Mr. Dicker responded that the Union's position was to ask the Security Council for a one-year suspension, and he expected a forthcoming meeting in Addis Ababa to reiterate that request. However, such a postponement was not before the Council, because of the "'absolute intransigence and obstruction' from the Government of Omar al-Bashir in making any changes or concessions.
Asked what action could be expected from the Security Council, Ms. Karanasios said that the Prosecutor's Office was asking the Council to think about creating a framework to address non-cooperation issues. She understood that part of the reason why the Council was going into closed consultations tomorrow was that it intended to hold a discussion on those issues.
Mr. Dicker added that the Council needed to begin considering such issues as travel bans and asset freezes, as well as ways of minimizing all but the most essential diplomatic contacts with the accused, including the President of Sudan. In that connection, he highlighted a statement by South Africa not long ago, advising President al-Bashir not to come to that country to attend the inauguration of its President. Indeed, it was necessary to develop a framework to begin implementation of 1593...."
II. THE OFFICE OF THE PROSECUTOR-BRIEFING TO THE UNSC

"Arrest of Sudanese fugitives' priority for ICC, Prosecutor tells Security Council," UN News Centre, 5 June 2009, http://www.un.org/apps/news/story.asp?NewsID=31040&Cr=darfur&Cr1=court

"The Prosecutor of the [ICC] said today that his priorities over the next few months include continued monitoring of crimes in Sudan's war-torn Darfur region and the arrest of fugitives, including the country's leader, President Omar Al-Bashir.

...'The arrest warrant concerning President Al-Bashir has been sent to the Sudanese authorities. The Government of the Sudan has the responsibility to arrest him,' Prosecutor Luis Moreno-Ocampo told the Security Council, stressing the country's legal obligations under the UN Charter and Security Council resolution 1593.

...'We are at a crossroads. The next six months will be crucial,' he added. 'There is a generation of victims faced with two options: they can leave the camps and die the same day; they can remain in the camps and die the day after.'

...'Violence will bring no victory. For the sake of the Darfur civilians, all parties to the conflict have to stop resorting to violence. This is the absolute priority.'

...'While the peacekeepers monitor fighting between the parties to the conflict, while the humanitarian workers monitor the physical plight of the civilians, the International Criminal Court monitors individual behaviour that can constitute crimes within our jurisdiction.'

...'Arresting the persons sought by the Court is a process. It is first and foremost the responsibility of the Government of the Sudan,' he stated. He added that States parties to the Rome Statute, which created the ICC, have the responsibility to arrest and surrender any indictee travelling to their territory; there is no immunity under the Rome Statute. While States not party to the Statute have no such legal obligation, he pointed out that resolution 1593 urges them to cooperate fully with the Court.

...The Prosecutor informed the Council that he does not plan to open a new investigation during the next six months but will continue to review new information of ongoing crimes. Among other things, he will focus on the spill over of violence from Darfur into neighbouring Chad, as well as the use of child soldiers by different parties, including some rebel movements."

See also:


1. "Ninth report of the Prosecutor of the International Criminal court to the UN Security Council pursuant to UNSC 1593/2005," http://www.icc-cpi.int/NR/rdonlyres/B97B3A9C-0C83-4884-881C-70C1C1EEEA53/280448/9th_UNSCReport_Eng.pdf


1. "Statement to the United Nations Security Council on the situation in Darfur, the Sudan, pursuant to UNSCR 1593 (2005)- New York, 5 June 2009," http://www.icc-cpi.int/NR/rdonlyres/8A4EAC94-694F-4365-90E4-862438D1731D/280453/OTPSpeech05062009_Eng.pdf


III. MEDIA STAKEOUTS FOLLOWING THE OTP BRIEFING

i. "Informal comments to the Media by Mr. Luis Moreno-Ocampo, Chief Prosecutor of the International Criminal Court on the situation in Sudan," UN Webcast Archives, 5 June 2009, http://webcast.un.org/ramgen/ondemand/stakeout/2009/so090605am.rm?start=00:10:44&end=00:26:01

ii. "Informal comments to the Media by the Permanent Representative of Sudan, H.E. Mr. Abdalmahmood Abdalhaleem Mohamad on the situation in Sudan," UN Webcast Archives, 5 June 2009, http://webcast.un.org/ramgen/ondemand/stakeout/2009/so090605am.rm?start=00:00:00&end=00:10:44

iii. "Informal comments to the Media by Ms. Mia Farrow on the situation in Sudan," UN Webcast Archives, 5 June 2009, http://webcast.un.org/ramgen/ondemand/stakeout/2009/so090605am.rm?start=00:26:10&end=00:33:06

IV. NGO STATEMENTS

i. "Sudan Continues to Disrespectfully Disregard Victims of International Crimes in Darfur: The Security Council must face up to its responsibility and ensure that its resolutions are implemented," FIDH, 5 June 2009, http://www.coalitionfortheicc.org/documents/sd0506a.pdf


"FIDH welcomes the report presented today by the Prosecutor of the International Criminal Court (ICC) to the United Nations (UN) Security Council, on the activities carried out by his Office since his previous report to the Council submitted in December 2008. FIDH calls upon the Security Council to follow up on the report by recalling UN Member States' obligation to cooperate with the Court on the Darfur situation.

In his report, the Prosecutor highlights the blatant refusal of the Government of Sudan to cooperate in any way with the Court and the Prosecutor, in violation of UNSC 1593 and Presidential Statement 21. The report also cites numerous quotes from Sudanese officials showing complete disrespect for the ICC, and thus the victims of the crimes it investigates, as well as UNSC Resolutions.

'It is absolutely unacceptable that the Sudan continues to disregard victims' suffering and to protect alleged criminals. The Government of Sudan cannot possibly get away with that. The Security Council is being mocked and it cannot remain silent in this context,' said Souhayr Belhassen, FIDH President.

FIDH has expressed particular dismay at the reaction of the Sudanese government following the issuance of an arrest warrant for President Omar Al-Bashir on 4 March 2009. In a renewed attempt to defy the international community, the Government of Sudan closed down national human rights organisations and expelled international humanitarian organisations, leaving millions of victims without material, medical, or legal assistance. FIDH is also particularly concerned about the continued harassment faced by human rights defenders, and those helping the victims, under the excuse that they would support the ICC.

Our organisation stresses the fact that Sudanese rebels, the other party to the conflict, have taken a very different approach. In compliance with UNSC Resolution 1593, rebel leaders for which the Office of the Prosecutor has sought summons to appear, have pledged to fully cooperate with the ICC. In this regard, FIDH commends rebel commander Bahr Idriss Abu Garda's voluntary appearance before the Court on 18 May 2009.

FIDH is aware of the objections expressed by some African and Arab leaders in respect of the work of the ICC, which they accused of unfairly targeting African or Arab States. FIDH firmly believes that such comments indicate a misreading of the ICC's goals and operations. FIDH has noted with satisfaction that a number of African and Arab states have firmly stood up for the ICC. FIDH encourages those states to continue to support the cause of victims of massive crimes, and to speak out so that their arguments are also given proper consideration in the debate.

FIDH calls upon the UN Security Council:
- To take immediate action following the ICC Prosecutor's report and set up a framework for the execution of UNSC Resolution 1593 and the judicial decisions which have followed. The Council must face up to its responsibility for its actions.
- To emphasize that all States Parties and UN Member States must cooperate with the ICC, by arresting the indictees and also by providing any other kind of cooperation that the Court might require in order to carry out its investigations and prosecutions.

- To uphold the Prosecutor's call for UN Member States not to support the indictees and cut all non-essential contacts with them....."

ii. "Sudan: Security Council should support ICC prosecutions," AI, 4 June 2009, http://www.coalitionfortheicc.org/documents/AI_Public_statement_ICC_Prosecutor_4june09.pdf

"On the eve of the report of the Prosecutor of the International Criminal Court (ICC) to the United Nations Security Council on the situation in Darfur, Amnesty International urges the Council to reject calls to block prosecutions of persons charged with crimes against humanity and war crimes and to take immediate, concrete steps to ensure that all persons named in ICC arrest warrants are arrested and surrendered to the ICC.

Despite its obligations under Security Council resolution 1593 of 2005, Sudan does not cooperate with the ICC and has taken no serious step to investigate and prosecute anyone suspected of crimes against humanity and war crimes committed in Darfur, as the Prosecutor reported in the past. Instead of heeding the Security Council's request to cooperate fully with the ICC, some states and organizations have invited a fugitive from international justice, President Omar al Bashir, for official visits and meetings with complete impunity.

Four years ago the Security Council used its powers under Chapter VII of the UN Charter to refer the situation in Darfur to the ICC; now it is its duty to use the same powers to direct Sudan to hand all persons named in ICC arrest warrants over to the ICC and direct all other states to arrest and surrender them promptly to the ICC, as Brazil announced it would do. They must face a fair trial in an independent court without the possibility of the death penalty.

In addition, Amnesty International believes that the Security Council should define a framework to ensure the implementation of resolution 593 and ICC decisions concerning the situation in Darfur. Such a framework could include using the existing sanctions committee established pursuant to resolution 1591(2005) to cover those named in ICC arrest warrants or establishing some other body to oversee the implementation of measures intended to enforce the ICC arrest warrants. Such a body could direct each member state to provide reports on what steps they have taken to ensure that they have the legislation and procedures in place to arrest persons named in ICC arrest warrants and to implement ICC requests concerning their arrst, when such persons visit their countries.


iii. "Letter to AU President Jean Ping" by Tawanda Hondora, Deputy Programme Director, Africa, Amnesty International, 5 June 2009, http://www.coalitionfortheicc.org/documents/Letter_to_H_E_Ping_-_Meeting_of_African_State_Parties_to_the_Rome_Statute.pdf


"I am writing to request that at the meeting of African states parties to the Rome Statute of the International Criminal Court (Rome Statute) which is scheduled to take place on Monday and Tuesday you reaffirm your country's commitment to ending impunity for crimes under international law.

I am especially requesting you to support international justice initiatives on the continent, including the work of the International Criminal Court.

The meeting has been convened pursuant to a decision adopted by the Assembly of the African Union in February 2009[1]<https://exchange.wfm-igp.net/owa/?ae=Item&a=New&t=IPM.Note#_ftn1>. In that decision, the Assembly expressed its concern about the arrest warrant issued by the International Criminal Court (ICC) for the President of the Republic of Sudan, H.E. Mr. Omar Hassan Ahmed El Bashir, who was accused of committing crimes against humanity and war crimes, and it requested African Commission to convene a meeting of African countries that are parties to the Rome Statute 'to exchange views on the work of the ICC in relation to Africa, in particular in the light of the processes initiated against African personalities, and to submit recommendations thereon taking into account all relevant elements.'

Africa played a leading - indeed, decisive - role in 1998 in the establishment of the ICC. Thirty African states have ratified the Rome Statute and three other African states have signed it. In addition, 17 states parties have enacted or drafted legislation implementing the Rome Statute.

African states strongly supported the creation of the ICC as a court of last resort to ensure that African victims of genocide, crimes against humanity and war crimes receive justice and reparations whenever states were unable and unwilling to investigate and prosecute such crimes. Three African states, the Central African Republic, the Democratic Republic of the Congo and Uganda referred situations in their own countries to the ICC on the ground that they were not able to investigate and prosecute such crimes. A fourth country, Côte d'Ivoire, has recognized the ICC's jurisdiction to investigate and prosecute crimes in its territory or by its citizens abroad.

African civil society has recently reaffirmed its strong support for the ICC to bring perpetrators of genocide, crimes against humanity and war crimes committed against African victims to justice and to award reparations when their own courts are unable or unwilling to do so, for example, in statements adopted at meetings in Banjul, Cape Town and Kampala.[2]<https://exchange.wfm-igp.net/owa/?ae=Item&a=New&t=IPM.Note#_ftn2>

It is important to recall that three of the four situations under investigation were referred by African states parties and the fourth was referred by the Security Council, including African members, without a dissenting vote. The Prosecutor is examining situations in other continents, including those in Afghanistan, Colombia, Georgia and the Occupied Palestinian Territories with a view to deciding whether investigations should be opened. Amnesty International strongly supports this initiative, which demonstrates that the ICC is a global court and hopes that decisions will be take in the near future to open investigations.

In conclusion, Amnesty International calls upon African states parties attending the meeting on Monday and Tuesday to issue a statement reaffirming their commitment to ending impunity in Africa, including through supporting international justice initiatives.

Yours sincerely,

Tawanda Hondora,

Deputy Programme Director, Africa"


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[1]<https://exchange.wfm-igp.net/owa/?ae=Item&a=New&t=IPM.Note#_ftnref1> Decision Assembly/AU/Dec. 221 (XII), 12th Ord. Sess., Addis Ababa, Ethiopia, Feb. 2009.

[2]<https://exchange.wfm-igp.net/owa/?ae=Item&a=New&t=IPM.Note#_ftnref2> Forum on the Participation of NGOs preceding the 46th Ordinary Session of the African Commission on Human and Peoples' Rights, Karaiba Beach Hotel, the Gambia, 9 to 11 May 2009; Statement by Representatives of African Civil Society and the Legal Profession on the Implications of the African Union's Recent Decisions on Universal Jurisdiction and the Work of the International Criminal Court in Africa, 11 May 2009; Statement Expressing African Civil Society Support for International Justice, Kampala, 29 May 2009.
iv. "Press for Surrender of Sudanese President: ICC Prosecutor to Brief Security Council on Darfur," HRW, 4 June 2009, http://www.hrw.org/en/news/2009/06/04/un-press-surrender-sudanese-president

"Members of the United Nations Security Council should press for the surrender and trial of President Omar al-Bashir of Sudan and others wanted for serious crimes committed in Darfur, Human Rights Watch said today. On June 5, 2009, the Security Council, which mandated the International Criminal Court (ICC) to investigate crimes in Darfur, will be briefed by the ICC prosecutor on its investigation, including on the Sudanese government's failure to cooperate.

On March 4, ICC judges granted an arrest warrant for President al-Bashir on charges of crimes against humanity and war crimes for his role in Sudan's abusive counterinsurgency campaign in Darfur. Although Sudan is not a state party to the ICC, it is obligated to cooperate with the court under Security Council Resolution 1593, which referred the situation in Darfur to the ICC.

'President al-Bashir is accused of orchestrating heinous crimes - including widespread murder and rape - in Darfur,' said Richard Dicker, International Justice Program director at Human Rights Watch. 'After asking the ICC to investigate the crimes in Darfur, Security Council members owe it to the victims to press for surrender of those wanted by the court, including President Omar al-Bashir.'

The prosecutor's June report finds that Sudan has failed to cooperate with the court. The Sudanese government reacted to the warrant for al-Bashir by expelling 13 international aid agencies and closing three national aid agencies that provided life-saving assistance to more than 1 million people throughout Sudan.

Some African officials have claimed that the ICC is unfairly targeting Africans, noting that the court's first situations under investigation are from Africa. However, three out of four of these situations were voluntarily referred by the states where the crimes were committed: Uganda, Democratic Republic of Congo, and Central African Republic. The fourth, Darfur, came before the court as a result of the UN Security Council referral.
African civil society groups and leaders, in statements signed last month at conferences in Banjul and Cape Town, expressed strong support for the ICC to provide justice when national courts are unable or unwilling to prosecute.

'Despite hostility to the ICC by some African leaders who seem to fear accountability, there is strong backing for the court in Africa,' said Dicker. 'The voices trying to discredit the ICC will not drown out the support for the court from human rights defenders and victims across Africa.'

Some African officials have also criticized the court for not investigating situations outside Africa. The court makes decisions about its investigations on a variety of factors, including whether it has jurisdiction. Some of the worst crimes perpetrated since 2002 around the world have been committed in states that are not parties to the court and are thus outside the court's authority.

Despite its limitations, international justice should not be denied to African victims where it can be achieved because it is not yet possible to ensure justice for all, Human Rights Watch said. Rather, the reach of accountability should be extended to all states where serious international crimes occur. This can be done in part through efforts to expand participation in the ICC.

v. "Darfur: Security Council Should Support the ICC: Campaign calls on Security Council Members to Press Sudan to Cooperate," Justice for Darfur, 4 June 2009, http://www.coalitionfortheicc.org/documents/J4D.PressRelease.ForRelease.2009-06-04.pdf

"(New York, The Hague, June 4, 2009) - United Nations Security Council members should convey strong support for the International Criminal Court's efforts to bring justice to the victims of atrocities in Darfur, Justice for Darfur, a network of African, Arab and international human rights groups, said today. The prosecutor of the International Criminal Court (ICC) is scheduled to present a report on his investigation in Darfur to the Security Council on June 5, 2009.

'The Security Council needs to show resolve to ensure justice for the victims of the terrible crimes in Darfur,' said Dismas Nkunda, Chair of Darfur Consortium. 'Making it clear that justice will be done helps not only the victims in Darfur, but the cause of accountability worldwide.'

In 2005, the Security Council authorized the prosecutor of the ICC to investigate and prosecute international crimes committed in Darfur since 2002. The Court has issued arrest warrants for three individuals: President Omar al-Bashir; Ahmad Harun, formerly minister for humanitarian affairs and recently appointed governor of South Kordofan, a volatile region in Sudan; and a Janjaweed militia leader, Ali Kushayb. The government of Sudan has neither cooperated with the ICC by surrendering any of the suspects, nor has it made any serious attempts of its own to bring those responsible for crimes in Darfur to justice.

The ICC prosecutor has also requested summonses to appear for three Darfur rebel leaders on allegations of war crimes committed against African Union peacekeepers in the town of Haskanita, North Darfur, in September 2007. One of them, Bahar Idriss Abu Garda, appeared voluntarily before the Court on May 18.

Justice for Darfur calls on UN Security Council members to press the Sudanese government to comply with its obligations under international law to execute the pending warrants for Harun, Kushayb and al-Bashir. The campaign emphasized that justice must be a major pillar of the international community's efforts to end the crisis in Darfur.

'Justice is essential for both sustainable peace and security in Sudan", said Osman Hummaida, a Sudanese human rights defender. "Sudan's own history demonstrates that impunity for serious crimes only encourages the perpetrators to repeat them.'

Although some African leaders have criticized the ICC arrest warrant for al-Bashir, civil society groups in Africa have recently affirmed strong support for the ICC's work. Non-governmental organizations attending conferences in Banjul, Cape Town and Kampala adopted statements calling on African Union member states to support victims by ending impunity and cooperating with the ICC to hold suspected perpetrators of crimes under international law accountable.

The Justice for Darfur campaign expressed concerns about the increasing harassment faced by human rights defenders and others in Sudan working on justice issues. In November 2008, Sudanese National Intelligence and Security Services (NISS) agents detained and ill-treated three high-profile human rights defenders who had spoken out in support of international justice. After the warrant against al-Bashir was issued in March, Sudanese authorities closed down the Khartoum Centre for Human Rights and Environmental Development, the Amal Centre for the Treatment and Rehabilitation of Victims of Torture, and the Sudan Social Development Organisation.

The Justice for Darfur campaign also expressed concern over the continued expulsion of aid agencies that had provided nearly half of the humanitarian relief in Darfur, which the Sudanese authorities undertook following the issuance of the arrest warrant for al-Bashir."

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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