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Darfur: Invitations Extended to Sudanese President; Reactions from NGOs; AU and Brazil to Rule on the ICC AW; Related Information

25 Nov 2009

Dear Colleagues,

Please find below information related to the International Criminal Court's investigation in Darfur, Sudan.

This digest includes information on several invitations reportedly extended to Sudanese President Omar Al-Bashir and various reactions from NGOs in Uganda, Nigeria and Denmark, and CICC members in particular. In addition, we include information on a proposal from the African Union as well as information on an anticipated ruling from Brazil on enforcing the ICC arrest warrant against Al-Bashir.

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
Coalition for the ICC
www.coalitionfortheicc.org

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I. UGANDA AND SUDAN

i.”Museveni: Sudan's President Bashir can visit Uganda,” Daily Monitor, 15 October 2009, http://www.monitor.co.ug/artman/publish/news/Museveni_Sudan_s_President_Bashir_can_visit_Uganda_92996.shtml

“Uganda will not execute an international arrest warrant issued against Sudanese leader Gen. Omar El Bashir in the event he attends next week’s African Union (AU) meeting in Kampala, President Museveni said yesterday.
Mr Museveni made the revelation while addressing a news conference at State House Entebbe where he confirmed that President Bashir had been invited, and was free to attend the AU’s special summit on refugees, returnees and internally displaced persons in Africa slated for October 19 in Kampala, without the apprehension of a possible arrest.
‘Yes, we invited him, he is a head of state of an African country,’ said Mr Museveni…”

|ii. “Uganda must arrest Gen. Bashir, says ICC,” Daily Monitor, 16 October 2009, http://www.monitor.co.ug/artman/publish/news/Fire_breaks_out_at_State_House_93033.shtml

“The International Criminal Court yesterday insisted that Uganda must arrest Sudanese President Gen. Omar El Bashir if he dares visit Uganda next week.
The statement comes a day after President Museveni said Uganda will not execute the international arrest warrant in the event that Gen. Bashir attends next week’s African Union meeting in Kampala.
But according to Ms Maria Kamara, the ICC country coordinator, the ICC stand has not changed regarding the indicted Sudan President. She said not all African Union (AU) countries are signatories to the ICC statute and therefore the responsibility of arresting Gen. Bashir lies solely with ICC member countries like Uganda….”

iii.”Sudan’s Bashir not attending Uganda summit,” Sudan Tribune, 18 October 2009, http://www.sudantribune.com/spip.php?article32824

“The Sudanese government is dispatching two junior ministers to Uganda to attend the Special Summit of Heads of State and Government on Refugees, Returnees and Internally Displaced Persons in Africa, state media reported.
Sudan official news agency (SUNA) said that state minister at the Interior Ministry Abbas Goma’a and the refugee commissioner Mohamed Ahmed Al-Agbash will represent Sudan at the conference.
A new controversy has erupted this week after Ugandan president Yoweri Musievini said he invited Sudanese president Omer Hassan Al-Bashir to attend the summit saying this was done in his capacity as an African head of state.
Bashir faces an arrest warrant issued by the International Criminal Court (ICC) for his alleged role in Darfur crimes committed since 2003 which means that Uganda as a state party has an obligation to apprehend him. However, Musievini said that Bashir will be safe from arrest if he visits.
In response Amnesty International criticized Musievini’s remarks and called on Uganda to respect its international obligations under the Rome Statute….”

See also:
iv. “Uganda must arrest Gen. Bashir, says ICC,” Daily Monitor, 16 October 2009, http://www.monitor.co.ug/artman/publish/news/Uganda_must_arrest_Gen_Bashir_says_ICC_93090.shtml
v. “Bashir’s absence is good for Uganda,” Daily Monitor, 20 October 2009, http://www.monitor.co.ug/artman/publish/opinions/Bashir_s_absence_is_good_for_Uganda_93220.shtml

II. NIGERIA AND SUDAN

i.”Nigeria: Rights Groups Urge Yar'Adua to Arrest, Extradite Al Bashir,” Nigeria Vanguard, 26 October 2009, http://allafrica.com/stories/200910260596.html

“Four human rights groups in Nigeria have written President Umaru Yar'Adua, urging him to use his position and leadership to order the arrest and extradition of his Sudanese counterpart, President Omar al Bashir, should he step his foot in Nigeria to attend the forthcoming African Union Peace and Security Council meeting in Abuja, October 29.
President al Bashir is wanted by the International Criminal Court on charges of war crimes and crimes against humanity. The groups include the Economic Rights & Accountability Project (SERAP), Committee for the Defence of Human Rights (CDHR), Women Advocates Research and Documentation Center (WARDC) and Partnership for Justice (PFJ), whose managing partner is Itoro Eze-Anaba.
In the letter entitled, ‘Request for the arrest of Sudanese President Omar al Bashir during his planned visit to Nigeria, addressed to President Umaru Yar'Adua, dated October 25, the rights groups said they concerned that Nigeria invited President Bashir for the meeting, despite its obligations to the ICC….”

ii. “Human Rights Groups Urge Nigeria to Arrest Sudan's President,” VOA, 26 October 2009, http://www.voanews.com/english/Africa/2009-10-26-voa9.cfm

“A coalition of human rights groups is calling on Nigerian President Umaru Yar'Adua to arrest Sudanese President Omar al-Bashire when he comes to Nigeria this Thursday, October 29 to attend an African Union-sponsored talks on the crisis in Sudan's Darfur region. The International Criminal Court (ICC) has issued an arrest warrant for the Sudanese president for war crimes and crimes against humanity.
Oby Nwankwo, the representative for Africa on the International Coalition for the ICC, said Nigeria must honor its international legal obligation to arrest Mr. Bashir….”

iii. “Sudanese president to stay away from Nigeria summit,” Sudan Tribune, 23 October 2009, http://www.sudantribune.com/spip.php?article32889

“The Sudanese president Omer Hassan Al-Bashir will not attend the African Union (AU) Peace and Security Council session that will be held in Abuja, Nigeria next week. The pro-government Al-Rayaam newspaper said that 2nd Vice President Ali Osman Taha will lead Sudan’s delegation to the summit which will discuss the report of the AU Panel on Darfur led by former South African president Thabo Mbeki.
A controversy erupted this week after it was revealed that Bashir was invited by the Nigerian government to attend with promises that he will not be arrested in light of the International Criminal Court (ICC) arrest warrant for him….”

See also:
iv. “Nigerian Rights Groups Protest Sudanese President’s Visit,” 23 October 2009, http://www.voanews.com/english/Africa/2009-10-23-voa50.cfm
v. “Al-Bashir absent at Abuja parley over Darfur,” Nigerian Guardian, 29 October 2009, http://www.ngrguardiannews.com/news/article03/indexn2_html?pdate=291009&ptitle=Al-Bashir absent at Abuja parley over Darfur

III. AFRICAN UNION AND SUDAN

i.”AU chief hits at ICC indictment of Sudan’s president,” Sudan Tribune, 28 October 2009, http://www.sudantribune.com/spip.php?article32946

“The Chairperson of the African Union Commission, Jean Ping reiterated his position regarding the indictment of the Sudanese president by the International Criminal Court (ICC). Ping questioned at a press conference on the sidelines of the Pan African Parliament in Midrand, South Africa as to why cases in Africa are the focus of international justice….”

ii.” Sudan cool to proposal for special court,” Financial Times, 30 October 2009, http://www.ft.com/cms/s/0/d3218dd6-c4b1-11de-8d54-00144feab49a.html?ftcamp=rss&nclick_check=1

“Sudan has given a cool reception to a proposal from a panel of African leaders that a special court be set up to try those accused of atrocities in Darfur as part of a new plan to end conflict in the region.
The recommendation, from a team of ‘wise men’ led by Thabo Mbeki, the former South African president, is seen as an alternative to the International Criminal Court, where Omar al-Bashir, Sudan’s president, has been indicted….”

iii.”Sudan accuse ICC prosecutor of standing behind AU hybrid court proposal,” Sudan Tribune, 1 November 2009, http://www.sudantribune.com/spip.php?article32978

“The Sudanese government today stepped up its criticism of the African Union (AU) panel headed by former South African president Thabo Mbeki for recommending a hybrid court to try Darfur war crimes suspects.
This week, the 15-member AU Peace and Security Council (PSC) endorsed the report compiled by the high level on Darfur including calls for a special court consisting of non-Sudanese judges.
But Khartoum gave the proposal a cool reception with 2nd Vice president Ali Osman Taha telling the PSC in Abuja that the judicial mechanism requires further discussion and stressing that Sudanese law and competence of judiciary ‘provides the necessary framework to achieve justice’.
… The political bureau officer at the NCP Mandoor Al-Mahdi also accused the International Criminal Court (ICC) prosecutor Luis Moreno-Ocampo of standing behind the hybrid court proposal.
‘After Ocampo failed in furthering his agenda through the ICC he now wants to find another entry though the so-called hybrid court’ Al-Mahdi said….”

IV. INTERVIEW WITH MORENO OCAMPO

i."Beshir is destined to face justice", Africa Report, 28 October 2009, http://www.africanews.com/site/Beshir_is_destined_to_face_justice/list_messages/27686

“The International Criminal Court (ICC) is regularly criticised for being too selective or too slow in the pursuit of war criminals. Here, prosecutor Luis Moreno Ocampo gives his side of the story, explaining how the court goes about its work, and answering his critics on the cases concerning Sudan's President Omer el Beshir, Ugandan rebel Joseph Kony and Congolese former warlord Jean-Pierre Bemba, with a combination of patience and passion for seeing justice done.
Q: Over the past six years, what progress have you made in establishing an international criminal justice system?
A: The court is establishing the idea that there is no more impunity. Before, I was teaching at Harvard and a colleague of mine told me: “It’s an honour [to be appointed ICC prosecutor], but reject it because you will be nine years at the Hague doing nothing. Without US support you cannot investigate, you cannot arrest.” Six years ago, the challenge was – can a court without a state operate? Now the issue is how the states and other organisations will react to the global court….”

See also:
ii. “Nigeria: AU approves Special Court for Sudan,” Africa News, 31 October 2009, http://www.africanews.com/site/Nigeria_AU_approves_Special_Court_for_Sudan/list_messages/27736
iii. ‘Our goal was to find a way out for Sudan president’ says Mbeki panel member,” Sudan Tribune, 1 November 2009, http://www.sudantribune.com/spip.php?article32981
iv. “Sudan will ’conditionally’ accept hybrid courts for Darfur crimes,” Sudan Tribune, 18 November 2009, http://www.sudantribune.com/spip.php?article33172

V. DENMARK AND SUDAN

i. “Sudanese president receives invitation from Denmark for UN conference,” Sudan Tribune, 18 November 2009 http://www.sudantribune.com/spip.php?article33168

“The Sudanese president Omer Hassan Al-Bashir received an invitation from Denmark to attend the UN Climate Change Conference in Copenhagen (COP15), the Copenhagen Post reported today.
A Danish official suggested that Bashir, who is a target of an arrest warrant by the International Criminal Court (ICC), has been invited in his capacity as a head of state.
Thomas Winkler, head of the Danish Foreign Ministry’s legal department, said that as the climate conference is a UN event, Denmark is obliged to invite all heads of government without exception.
‘But at the same time we would point out that Denmark is also obliged to comply with the Security Council’s resolution regarding Darfur,’ Winkler was quoted by the Copenhagen Post.
Denmark is a state party to the founding treaty of the ICC and is obliged to arrest Bashir if he visits….”

ii.”Sudan downplays calls for arresting Bashir in Denmark,” Sudan Tribune, 21 November 2009, http://www.sudantribune.com/spip.php?article33200

“The Sudanese government downplayed calls made by Amnesty International to arrest president Omer Hassan Al-Bashir should he arrive in Denmark for the UN Climate Change Conference to be held in Copenhagen next month.
Denmark sent an invitation to Bashir noting that despite an arrest warrant by the International Criminal Court (ICC) for him, the climate conference is a UN event making it obligated to invite all heads of government without exception.
Thomas Winkler, head of the Danish Foreign Ministry’s legal department, said that his government intends ‘to comply the [UN] Security Council’s resolution regarding Darfur’. Denmark is a state party to the founding treaty of the ICC and is obliged to arrest Bashir if he visits.
But Kamal Obeid the Sudanese ruling National Congress Party (NCP) information Secretary said that the invitation was addressed to the government and not to Bashir personally adding that no decision has been made on the level of participation. He also said that Amnesty International calls ‘is a repetition of the group’s hostile stance towards Sudan….”

VI. FRANCE AND SUDAN

i. “Bashir-Sarkozy summit in Egypt next year: report,” Sudan Tribune, 21 November 2009, http://www.sudantribune.com/spip.php?article33209

“The Sudanese president Omer Hassan Al-Bashir and French president Nicolas Sarkozy will hold a joint summit next year on the sidelines of the France-Africa conference in Egypt, a pro-government newspaper reported.
The newspaper for the ruling National Congress Party (NCP) Al-Raed quoting “informed sources” said that the meeting will be sponsored by the Egyptian president Hosni Mubarak.
The French government has been pressing Cairo to exclude Bashir who is wanted by the International Criminal Court (ICC) for his role in the war crimes allegedly committed in Sudan’s western region of Darfur….”

VII. BRAZIL TO RULE ON LEGALITY OF AL-BASHIR WARRANT

i. “Brazil supreme court deliberating on legality of arresting Sudanese president,” Sudan Tribune, 25 November 2009, http://www.sudantribune.com/spip.php?article33242

“The Brazilian foreign ministry forwarded to the Supreme Federal Court last July the arrest warrant issued by International Criminal Court (ICC) against Sudanese president Omer Hassan Al-Bashir for review.
Brazil which is a state party to The Hague based court has publicly declared last May through its foreign minister Celso Amorim that the Sudanese president would be arrested immediately by authorities there if he entered Brazilian territory.
…The highest legal authority however, rejected the foreign ministry request of handling the matter ‘confidentially’ saying that the existence of the arrest warrant for Bashir and request of ICC member states to cooperate has been made public.
Among the issues raised in the 19-page preliminary assessment by the Supreme Court is the prohibition by Brazilian constitution on the imposition of life imprisonment contrary to the Rome Statute provisions on sentencing suspects. It also points to other procedural matters such as concept of extraditing a suspect to versus delivering them and the status of Bashir as a foreign official who would normally enjoy immunity under international law even though it pointed out that the Rome Statute considers that to be irrelevant.
It is not clear whether or not the Brazilian Supreme Court intends to write a full blown analysis on the matter or it would wait until the need arises for a determination to be made. The Chief Justice Celso de Mello said the court will have to decide whether it has jurisdiction to issue findings on any of the legal questions raised in the preliminary assessment….”

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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