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Darfur I: Prosecutor's Presentation; Reports of the Briefing at the UN Media Stakeout; Editorials

07 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 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.

This digest includes media coverage on the Prosecutor's presentation, reports of the briefing at the UN Media Stakeout- outside the UNSC's room- published by the UN and editorials, including one by Ms. Angelina Jolie, co-chair of the Jolie-Pitt Foundation and a refugee advocate on Al-Bashir's case at the ICC and the role of the UN Security Council.

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
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I. ICC MORENO OCAMPO: 'ARREST FUGITIVES'

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

"The Prosecutor of the International Criminal Court (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 Court, which is based in The Hague, issued an arrest warrant for Mr. Al-Bashir on 4 March for alleged war crimes and crimes against humanity committed in Darfur, where estimated 300,000 people have died since 2003 due to fighting between Government forces and allied Arab militiamen, known as the Janjaweed.

'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.

It was through resolution 1593 that the Council referred the situation in Darfur to the ICC in March 2005.

'The judges have issued decisions on those most responsible of the most serious crimes in Darfur,' he stated. 'There will be no impunity in Darfur.'

......'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...."

ii. "ICC prosecutor urges Sudan to arrest Beshir," AFP, 5 June 2009, http://www.google.com/hostednews/afp/article/ALeqM5hDianASyakRNr2BytJVrAkOqf16g

"International Criminal Court (ICC) prosecutor Luis Moreno-Ocampo on Friday pressed the Sudanese government to arrest President Omar al-Beshir who stands accused of Darfur war crimes and crimes against humanity.

'The government of Sudan has the responsibility to arrest him (Beshir),' Moreno-Ocampo told the UN Security Council, citing a legal obligation stemming from the UN Charter and UN resolutions.

..... But Sudan's UN Ambassador to the UN Abdalmahmood Abdalhaleem Mohamad once again made clear that 'We are not going to cooperate with this politically-motivated court (the ICC).'..."

iii. "ICC prosecutor presses Khartoum over Bashir," Gulf Times, 5 June 2009,
http://www.gulf-times.com/site/topics/article.asp?cu_no=2&item_no=295329&version=1&template_id=37&parent_id=17

"International Criminal Court (ICC) prosecutor Luis Moreno-Ocampo yesterday pressed the Sudanese government to arrest President Omar Hassan al-Bashir who stands accused of Darfur war crimes and crimes against humanity. 'The government of Sudan has the responsibility to arrest him,' Moreno-Ocampo told the UN Security Council, citing a legal obligation stemming from the UN Charter and UN resolutions. ..."

iv. "ICC: Al-Bashir will be brought to justice, arrest may take time," DPA, 5 June 2009, http://www.earthtimes.org/articles/show/271918,icc-al-bashir-will-be-brought-to-justice-arrest-may-take-time.html

"Sudanese President Omar al-Bashir will eventually be brought to justice even though it may take time to arrest him, the prosecutor of the International Criminal Court (ICC) said Friday. While Luis Moreno Ocampo admitted the difficulty of apprehending a head of state like al-Bashir, he said that other former leaders had been brought to court, including former Liberian president Charles Taylor and Serbian president Slobodan Milosevic.

'The arrest warrant concerning President al-Bashir has been sent to the Sudanese authorities,' Ocampo told the United Nations Security Council, which convened to review the ICC's work in the past six months.

'The government of Sudan has the responsibility to arrest him,' Ocampo said.

Sudan has not signed the Rome Statute, which would make it a party to the ICC, and has rejected the warrant issued by the ICC on March 4 to arrest al-Bashir. [Moreno] Ocampo said judicial decisions against heads of state are 'a process that can take time, months or years. In the end, however, they all face justice'...."

v. "Court to intensify efforts to arrest Sudan leader," AP, 6 June 2009, http://www.etaiwannews.com/etn/news_content.php?id=969003&lang=eng_news

"The chief prosecutor of the International Criminal Court said Friday he plans to intensify efforts in the next six months to arrest Sudan's president and two other fugitives accused of war crimes in Darfur.

Luis Moreno-Ocampo told the U.N. Security Council that arresting President Omar al-Bashir is 'first and foremost' the responsibility of the Sudanese government.

But he said the 108 countries that ratified the statute creating the world's first permanent war crimes tribunal are also required to arrest al-Bashir and two other fugitives _ a government security official and a militia leader. And he noted that the council, which referred the Darfur conflict to the court in 2005, has urged all countries to cooperate.

Al-Bashir was charged in March with orchestrating war crimes and crimes against humanity in Darfur, where U.N. officials estimate up to 300,000 people have died and about 2.7 million have been displaced since 2003. He has refused to recognize the tribunal's authority, has since traveled to several countries allied to his regime that refused to arrest him, and has expelled more than a dozen aid agencies from Darfur, accusing them of spying.

... Moreno-Ocampo said the Sudanese government also has the duty to arrest former Cabinet minister Ahmed Haroun and Ali Kushayeb, a janjaweed militia leader, who have been charged by the court with rape, murder and forced expulsion of civilians in Darfur. He said the government's recent appointment of Haroun, a former minister of humanitarian affairs, as governor of South Kordofan, was a violation of Security Council resolutions. Sudan, however, has said it will not hand anyone over to the court.

... Richard Dicker, head of the international justice program at Human Rights Watch, said 'the prosecutor put the council on notice of its obligation to come up with a framework for following through on its commitment to justice for the people of Darfur and detailed Khartoum's complete intransigence in the face of its own obligation to assist.'

'Where the Security Council needs to go is a series of measures that individual members, and perhaps the council itself, would take against individuals accused, such as travel bans and asset freezes,' he said.

Moreno-Ocampo thanked those who aided in the recent surrender of rebel leader Bahar Idriss Abu Garda to the court on war crimes charges stemming from an assault on African Union peacekeepers in September 2007 that left a dozen dead. He said the court's judges have not yet decided on the cases of two other individuals he recommended for prosecution in the same incident.

The prosecutor said he doesn't plan to open a new investigation during the next six months, but will look at new information about ongoing crimes. He said he will focus on decisions affecting the displaced, in particular the role played by Sudan's Humanitarian Aid Commission, the spillover of the Darfur conflict into neighboring Chad, and the use of child soldiers by different parties including some rebel movements...."

vi. "ICC Prosecutor: Sudan's Government Must Arrest Bashir," Voice of America, 7 June 2009, http://www.voanews.com/english/2009-06-07-voa3.cfm

"The chief prosecutor of the International Criminal Court says in the coming months his office will continue to monitor crimes committed in the Darfur region of Sudan while stepping up efforts to arrest fugitives -- including Sudanese President Omar al-Bashir. From United Nations headquarters in New York, VOA's Margaret Besheer reports.

....Moreno-Ocampo said every effort will be made to have regional organizations, such as the African Union and Arab League, influence the Sudanese to try such grave crimes in their own national courts. He added, "should regional organizations succeed in promoting national accountability mechanisms for the victims of other crimes, and stop new abuses, we would not need to further intervene."

Speaking to reporters with the prosecutor standing next to him, Sudanese Ambassador Abdalmahmood Abdalhaleem Mohamad made clear the Khartoum government does not plan to arrest its own president.

Ambassador Mohamad stated, 'we are not going to cooperate in any way with it. And indeed, the record is very clear to everybody - that it is politically motivated and that it will not deliver justice to anybody. So we are not going to cooperate and this is the message to the man on my left -- that he will be dreaming if he thinks that in any way Sudan is going to cooperate with his court.'

Unfazed by the ambassador's remarks, Moreno-Ocampo said in many countries presidents have been arrested. He pointed out that they are often marginalized first and then held accountable. He said the court is a permanent body and could wait for Mr. Bashir's arrest. But he stressed that the people who are suffering in Darfur do not have the luxury of time on their side...."

See also: "International Criminal Court Prosecutor, in briefing to Security Council, says Sudan has responsibility for arresting President, other indicted citizens," 5 June 2009 http://www.reliefweb.int/rw/rwb.nsf/db900SID/EGUA-7SQQYJ?OpenDocument

II. REACTIONS FROM SUDAN AT UN MEDIA STAKEOUT

i. "Sudan says ICC prosecutor 'messenger of destruction', Sudan Tribune, 6 June 2009,
http://www.sudantribune.com/spip.php?article31399

"The Sudanese government lashed out at the prosecutor of the International Criminal Court (ICC) following his semi-annual report to the UN Security Council (UNSC).

The ICC prosecutor Luis Moreno-Ocampo told the UNSC that he has no plans to open any new investigations in the next six months but said that his office is monitoring any developments in the war ravaged region of Darfur.

Ocampo urged the international community to sever or reduce ties with the indicted individuals which include Sudanese president Omer Hassan Al-Bashir, former state minister for humanitarian affairs Ahmed Haroun and militia leader Ali Kushayb.

Sudan has refused to cooperate with the court in the extradition of the suspects. The UNSC despite a chapter VII resolution in March 2005 mandating Khartoum's cooperation has taken little steps in the direction of forcing compliance.

The ICC prosecutor took note of his case against a Darfur rebel commander Bahr Idriss Abu Garda who is accused of masterminding attacks on African peacekeepers in October 2007.

Abu Garda appeared in mid-May voluntarily before the judges and a conformation of charges hearing is scheduled for next October.

Following the ICC prosecutor's report no public statements were made by the UNSC members and instead went into a closed session.

A UN diplomat who attended the meeting said the most outspoken critic of The Hague based court came from the Libyan delegate who said resolution 1593 referring the Darfur case to the ICC 'was a disaster'.

The Russian and Chinese delegations were mostly silent but the former said while his government respects the judicial mandate of the court he warned against the impact on peace process.

The delegates of Burkina Faso and Uganda said they support the court and noted that they are members but suggested that deferring the Bashir's case.

The US, UK, France, Mexico, Croatia and Japan expressed their objection to any suspension of the indictment.

Today's briefing witnessed near-clash between Ocampo and the Sudanese envoy at the UN Abdel-Haleem Abdel-Mahmood during the press stakeout.

The Sudanese official was waiting outside the council and when Ocampo came out walking to microphone he jumped to talk, an journalist at the press stakeout told Sudan Tribune today.

Ocampo stood right next to Abdel-Mahmood as the latter sharply lashed at him describing him as a "liar" who is working to propagate destruction.

He also described Ocampo 'the man on his left' as a 'fugitive from Sudanese justice' and said that the ICC prosecutor is practicing 'Criminal tourism' with his backers around the world.

The Sudanese official called on the UNSC to put an end to Ocampo's mandate saying that his government appointed a special prosecutor to look into Darfur crimes.

Ocampo refused to respond to Abdel-Mahmood saying he will speak about the 'crimes going on Darfur'...."

ii. "Sudanese ambassador to UN lashes at Ocampo," Xinhua, 6 June 2009, http://news.xinhuanet.com/english/2009-06/06/content_11499221.htm

"Sudanese ambassador to the United Nations condemned statements made by the International Criminal Court (ICC) prosecutor Louis Morino Ocampo on Darfur during an open session of UN Security Council, pan-Arab Al-Arabiya TV reported Saturday.

.... In a statement to the press following the session, the Sudanese ambassador harshly condemned Ocampo's statements, describing him as a criminal, a liar and a mercenary of death and destruction.

'Once again the mercenary of death and destruction, the so called ICC prosecutor is spreading lies and carries forward a message of destruction and sabotage peace in Sudan," the ambassador said.

The diplomat accused Ocampo of dishonesty, saying that 'he exposed his professional lack of honesty because he said everything in the report but not the position of the regional, international organizations that deplored and rejected his submission.'

The Sudanese ambassador added that Sudan is not going to cooperate with the ICC, saying that Ocampo 'will be dreaming' if he thought any way that Sudan is going to cooperate with his court which he described as a court of European justice that killed and enslaved many Africans in the past.

Moreover, he termed Ocampo as 'a fugitive of Sudanese justice ... one day the people of Sudan will give you a lesson about justice...."


III. EDITORIAL BY JOLIE AND ON THE SUDAN TRIBUNE

i. "The Case Against Omar al-Bashir," by Angelina Jolie, co-chair of the Jolie-Pitt Foundation and a refugee advocate, Time.com, 5 June 2009, http://www.time.com/time/world/article/0,8599,1903006,00.html?xid=rss-topstories

"Friday is a defining moment in the history of justice. The members of the United Nations Security Council will be presented with the results of the International Criminal Court's Darfur investigation - an investigation that they requested. Their response will determine whether there is going to be an international standard of justice that holds perpetrators accountable for the worst crimes in the world.

The evidence the prosecutor has presented is clear and compelling. Millions of people have been displaced; hundreds of thousands have been killed; and at the center of it all stands Sudanese President Omar Hassan al-Bashir, who has been indicted on seven counts of war crimes and five counts of crimes against humanity. (See pictures of Darfur in crisis.)

Bashir's response to the indictments was an insult to the international community and the hundreds of thousands who have died in Darfur. He kicked out of his country 16 international aid groups who were desperately trying to save his citizens. He even appointed one of the suspects, Ahmed Haroun, to a committee supposedly investigating human-rights abuses in Darfur. You'll struggle to find a better illustration of the culture of impunity that reigns in Khartoum.

Darfur has almost disappeared from the news, and experts now call it a "low-intensity" conflict. But the intensity of the crisis has not lessened for those who are struggling to survive. More than 250,000 people from Darfur have lived destitute lives in refugee camps in Chad for six years now. Camps with more than 2 million internally displaced persons inside Darfur are even worse. Thirty percent of those displaced are school-age children. Girls leaving the camps are raped; boys leaving the camps are killed. They want an education; they want to go back to their villages, to their land; they want peace. But they also want justice. (Read TIME's 2004 cover story 'The Tragedy of Sudan.')

..... But none of those words compelled us to intervene.

Today the Prosecutor of the International Criminal Court will stand in front of the U.N. Security Council. With painstaking detail he will report that Omar al-Bashir - a man who should protect his citizens - has attacked Darfuris relentlessly and methodically for five years and continues to do so.

According to the U.N. Charter, the Security Council exists 'to promote the establishment and maintenance of international peace and security.' If the results of the Darfur investigation, which they ordered, don't merit their active engagement, what does?
Today the Security Council member states will be faced with a simple decision: to embrace impunity or to end it. As they are considering Bashir's fate they are also considering their own."

ii. "Watch out there is a Janjaweed inside the UN," by Justin Ambago Ramba for The Sudan Tribune, 7 June 2009,
http://www.sudantribune.com/spip.php?article31408


"The UN this week witnessed one of the funniest and most embarrassing of all dramas coming from the Sudan, a country most famously known for killing its own citizens with the highest degree of impunity, first in the southern part of the country and now in its western province of Darfur.

The prosecutor of the International Criminal Court (ICC) Luis Marino-Ocampo, in his semi-annual report to the UNSC on development on Darfur urged the Sudanese Government to arrest President Omar Al Bashir for crimes he ordered in Darfur.

'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. Their legal obligation stems from the UN Charter and UNSC resolution 1593,' Ocampo told the Security Council in an open meeting.

Ocampo also insisted that the Sudanese Government 'has also the duty' to arrest Ahmed Haroun, a government official, and Ali Kushayb, a Janjaweed leader supported by the Sudanese Government. He also called on all States Parties to the Rome Statute to arrest and surrender any indictee travelling to their territory.

Though many diplomats consider Ocampo's moves as completely naïve, but he strongly supported his stance by giving the cases of Charles Taylor and sobovisc as examples and insisted that the arrest of sitting heads of states though difficult and takes time that may even extend to years, but at the end it is still achievable.

But the most shameful bid came when the Sudanese Janjaweed to the UN after reiterating Khartoum's stance of not ever recognising the ICC and that it would never cooperate, the Janjaweed, supposed to be a diplomat with a wide range of diplomatic options available to him, chose to confront Ocampo in a very rare event in the history of this diplomatic institution of the highest level in the world.

And while Ocampo was giving interviews to journalists the Janjaweed representative, immediately moved and stood besides him interrupting him in whatsoever he said. And he went to tell Ocampo that he has outlived his usefulness if any as well as describing him as a 'lier and mercenary of death.'

'You are not welcome to this organisation. You reduce the image of the UN,' The Janjaweed said while standing close to Ocampo in front of reporters in a rare case of confrontation, with security people in plain clothes hovering around the area.

He warned Ocampo that he is a "fugitive of the Sudanese justice," and if caught, "the Sudanese people will teach him a lesson in Justice". This not a diplomat but rather what the Sudanese commonly call "Fatuwa", an Arabic for a gangster.

To those who have any bit of doubt, all that which took place at the UNSC is typical of the Janjaweed government in Khartoum and their diplomatic representative is but another Janjaweed commander. And all that he lacks is a horse and AK-47 rifle to turn the whole UN Headquarters in New York into another make shift camp similar to what they are currently doing in Darfur.

The UN Security Council should be keen and observant, because the attitude shown by this Janjaweed in suite is as dangerous those being carried by his kinsmen wearing turbans in Darfur. This is a serious precedent and there must be a code of conduct which regulates the behaviour of the participants and other camouflaging Janjaweed.

I am glad that Ocampo did not react to the Janjaweed's charges, telling reporters that he is simply trying to stop the extermination of 2.5 million Darfuris affected by the ongoing fighting...."


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