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Darfur: ICC Prosecutor's Tenth Report to UN Security Council on Darfur; Related CICC Advisory; Relevant Links and News Coverage

04 Dec 2009

Dear all,

On 4 December 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 tenth report to the Council in the Darfur investigation since the prosecutor's last report to the Council on 5 June 2009.

In this digest you will find the CICC media advisory, links to both the ICC prosecutor's statement to the Council and his tenth report as well as related news articles.
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
www.coalitionfortheicc.org

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I. CICC ADVISORY

i. “GLOBAL COALITION URGES SECURITY COUNCIL TO SUPPORT ICC INVESTIGATION IN DARFUR,” CICC Media Release, 4 December 2009, http://www.coalitionfortheicc.org/documents/CICC_Media_Advisory_ICC_Prosecutor_10th_Report_to_UNSC_Dec09.pdf

“WHAT: On 4 December 2009, the Prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo will present his tenth report to the Security Council of the United Nations on the situation in Darfur, Sudan. The Coalition for the ICC - a global network of civil society organizations in 150 countries advocating for a fair, effective and independent ICC - 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 in ensuring that President al-Bashir, Ahmad Harun and Ali Kushayb are brought before the Hague-based ICC to face justice.
WHY: While three ICC arrest warrants are still outstanding in the Darfur situation, the Sudanese Government has openly defied and consistently refused to cooperate with the Court and the international community. Anything less than full cooperation with the ICC threatens to undermine the authority of the UN Security Council, which itself referred the situation in Darfur to the Court.

HOW: Under UNSC Resolution 1593, which referred the situation in Darfur to the ICC, the prosecutor is required to report to the Council every six months on the progress of his investigation in Darfur. The prosecutor’s tenth report is expected to outline national regional and international efforts to promote accountability in Darfur, to address the status of state cooperation as regards the enforcement of arrest warrants, and to reemphasize the Prosecutor’s commitment to cooperate with other relevant bodies, such as the African Union. The report is also expected to provide an outline of crimes allegedly committed in Darfur during the last 6 months.
BACKGROUND:
“We must not let the Security Council forget its initial intentions when referring the situation in Darfur to the ICC Prosecutor” said Tanya Karanasios, Program Director of the Coalition for the ICC. “We therefore call on the Security Council not to lose sight of what is really at stake here: justice for the victims in Darfur, and the peace that justice will contribute to.”

The situation in Sudan was referred to the Court by the United Nations Security Council through Resolution 1593 on 31 March 2005. The investigation into the situation in Darfur, Sudan was officially opened by the ICC prosecutor on 6 June 2005. On 2 May 2007, Pre-Trial Chamber I issued arrest warrants against Ahmad Muhammad Harun and Ali Kushayb for war crimes and crimes against humanity allegedly committed in Darfur between 2003 and 2004. On 4 March 2009, an arrest warrant for crimes against humanity and war crimes was issued against President Omar Hassan Ahmad al-Bashir of Sudan. To date none of the three outstanding warrants have been executed. Further, in response to summons issued by the Court on 17 May 2009, rebel leader Abu Garda voluntarily appeared in Court to respond for war crimes allegedly committed during the attacks in Haskanita.
The ICC is the first permanent international court capable of trying individuals accused of war crimes, crimes against humanity and genocide. To date, it has publicly issued twelve arrest warrants and one summons to appear for investigations in four situations: the Central African Republic; Darfur, Sudan; Uganda; and the Democratic Republic of Congo. A Judges decision is pending on a request by the OTP to open a fifth ICC investigation in Kenya. Four suspects are currently in custody. The ICC Office of the Prosecutor (OTP) has allegedly analyzed or is analyzing at least eighth other situations on four continents.”

II. OTP-ICC REPORTS TO THE UNSC

i.” Sudan's President 'will face justice'; 'power does not provide immunity', International Criminal Court Prosecutor stresses in Security Council,” 4 December 2009, United Nations Security Council, December 4 2009, SC/9804 , http://www.reliefweb.int/rw/rwb.nsf/db900SID/EGUA-7YETWE?OpenDocument

“[…] Briefing on his tenth report to the Council, he [ICC Prosecutor] said that, since his last report in June, there had been positive developments. Judicial proceedings in relation to Darfur were progressing and cooperation with other international bodies had been fruitful. States and international organizations had maintained consistent support for the execution of the International Criminal Court's arrest warrants. He noted that rebel leader Bah Abu Garda, allegedly responsible for killing and injuring peacekeepers during the September 2007 attack of the African Union Mission in the Sudan in Hakanita, had voluntarily appeared before the Court.

Mr. Moreno-Ocampo said he had cooperated with the African Union High-level Panel on International Criminal Court activities and crimes committed in Darfur, which had adopted a comprehensive solution, combining the current Court cases with the possibility to have other courts for other perpetrators, if and when the conditions for such courts to operate effectively were created.

Pointing out that President Al Bashir, at risk of arrest, had not travelled to the territory of Rome Statute States parties for high-level events, which he had been planning to attend, he said that such marginalization of indicted criminals, if maintained steadfastly, was a way towards the ultimate implementation of the arrest warrants. President Al Bashir had refused cooperation with the Court and had also endeavoured to shift the international community's attention to new issues, such as the conflict with the South. "President Al Bashir will exacerbate such conflict if it can shift your attention from the crimes committed in Darfur", he warned Council members.

His Office continued to review information in such areas as acts against civilians in the camps, including rapes, by the forces of President Al Bashir, and the use of child soldiers both by the Sudanese armed forces and the rebels, he said. His Office was also considering the criminal responsibility of Sudanese officials who actively denied and dissimulated crimes.

‘As the Prosecutor, my mandate is to investigate and prosecute those responsible for crimes to contribute to the prevention of future crimes. I am ready to answer any challenge in Court, but I will need the full support of the Council to contribute to end the current crimes against the people from Darfur’, he said in conclusion.

In the ensuing debate, speakers underlined that the Sudan was under a legal obligation to cooperate with the International Criminal Court, as stipulated by Council resolution 1593 (2005), and called on all parties to provide full cooperation with the Court, including in executing its arrest warrants. The representative of the United States urged all States, including those not party to the Rome Statute, to refrain from providing political or financial support to indicted suspects. She added that her country, although not party to the Rome Statute governing the International Criminal Court, would continue to be supportive of the Court in ways consistent with United States domestic law.

The representative of Burkina Faso, however, expressed concern at the warrant issues against President Al Bashir, a concern echoed by members of the League of Arab States, the African Union, the Organization of the Islamic Conference and the Non-Aligned Movement. Although combating impunity was an indispensable factor for the return of a sustainable peace to Darfur and the whole of the Sudan, he said the objective of justice could not, in and of itself, bring peace in such a complex conflict without a political solution based on consensus. He demanded that the prosecution of President Al Bashir be suspended, in conformity with article 16 of the Rome Statute.

In contrast, the representative of Costa Rica pointed out that any Member State should respect the provisions of the United Nations Charter and Council resolutions adopted under Chapter VII. The Sudanese Government, however, had ignored the decisions of the Council without any consequence, and the Council, through its tolerant attitude, had contributed to eroding trust in international justice.

Echoing other speakers, France's representative stressed that there was no contradiction between justice and peace, but that combating impunity was a condition for lasting peace. Although the Rome Statute allowed for the Council to suspend investigation for one year, that provision should only be used when required by security, and never to allow impunity for crimes before the Court.

Many speakers welcomed the report of the African Union High-level Panel, which aimed to consider the interlinked matters of combating impunity and promoting peace and reconciliation. Uganda's representative said, in that regard, that the report presented a good basis on which to resolve the outstanding impasse between the Sudan and the Court and strike a balance between upholding justice and ensuring peace and security in the Sudan. Welcoming the recommendations that called for the establishment of a hybrid court, he said that such a court should be constituted by Sudanese judges and judges from other nationalities, thereby allowing for independence of domestic jurisdiction in the Sudan.

Statements were also made by the representatives of the United Kingdom, Mexico, Russian Federation, Japan, China, Austria, Turkey, Croatia, Viet Nam and Libya….”

See full report: "Tenth report of the Prosecutor of the International Criminal court to the UN Security Council pursuant to UNSC 1593/2005," Office of the Prosecutor of the International Criminal Court, Statement delivered by Luis Moreno Ocampo, 4 December 2009
http://www.coalitionfortheicc.org/documents/1401_001.pdf


III. MEDIA STAKEOUTS FOLLOWING THE OTP BRIEFING
i. “Informal comments to the Media by the Prosecutor of the International Criminal Court, Mr. Luis Moreno-Ocampo, on the situation in Sudan,” UN Webcast Archives, 4 December 2009
http://webcast.un.org/ramgen/ondemand/stakeout/2009/so091204am1.rm

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, 4 December 2009
http://webcast.un.org/ramgen/ondemand/stakeout/2009/so091204am2.rm


IV. MEDIA ARTICLES

i. “Darfur crimes continue and Sudan still not cooperating with ICC – Prosecutor, “ UN News center, 4 December 2009, http://www.un.org/apps/news/story.asp?NewsID=33149&Cr=darfur&Cr1=

“Indiscriminate bombings, rape and other crimes are continuing in Darfur, the Prosecutor for the International Criminal Court (ICC) said today, while noting that the Government of Sudan still refuses to cooperate with his office and its indicted President and other suspects remain at large.

The ICC, which is based in The Hague, issued an arrest warrant for President Omar Al-Bashir in 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.

Soon after the warrant was issued the Government expelled 13 international non-governmental organizations (NGOs) and revoked the permits of three local groups, dealing a blow to humanitarian efforts in the region.

Briefing the Security Council on the latest developments, ICC Prosecutor Luis Moreno-Ocampo said that attacks against civilians in Darfur are continuing. In an incident on 25 November, militia reportedly attacked two villages in North Darfur, where they captured civilians, beat villagers and looted property….”

ii. “Sudanese Who Deny Darfur Crimes May Be Charged: ICC,” New York Times, 4 December 2009, http://www.nytimes.com/reuters/2009/12/04/world/international-us-sudan-warcrimes-un.html

“Sudanese officials who deny and deceive the world about crimes committed in Sudan's western Darfur region might face criminal charges, the chief prosecutor of the International Criminal Court said on Friday.

In March, the Hague-based ICC issued an arrest warrant for Sudanese President Omar Hassan al-Bashir on suspicion of war crimes such as orchestrating mass killings and deportations in Darfur, a remote region of Sudan roughly the size of France.

‘(Bashir) used the state apparatus not only to commit massive crimes but also to dissimulate them, and therefore facilitate their continuation,’ ICC chief prosecutor Luis Moreno-Ocampo told the U.N. Security Council.

‘My office is considering the criminal responsibility of Sudanese officials who actively deny and dissimulate crimes,’ he said, adding that the crimes in Darfur ‘are continuing.’

Khartoum denies that Bashir or any other Sudanese government or military official committed war crimes in Darfur. It has refused to cooperate with the court.

[…] Sudanese U.N. Ambassador Abdalmahmoud Abdalhaleem, who has vehemently defended Bashir and denied that his government is responsible for war crimes in Darfur, was quick to respond to Moreno-Ocampo's comments.

‘This exposes his (Moreno-Ocampo's) bankruptcy,’ the Sudanese envoy told Reuters. ‘We will charge him with political prostitution.’

The ICC prosecutor told the 15-nation Security Council that the court was taking steps to protect its witnesses. Those believed to be helping the court, he said, can face cruel treatment if they fall into the hands of Sudanese authorities.

… Richard Dicker, an international justice expert at the New York-based Human Rights Watch, agreed with the ICC prosecutor's assessment, telling Reuters that "Bashir's world is getting smaller and smaller."

iii. “Prosecutor cites isolation of Sudan's leader,” AP for the Boston Globe, 4 December 2009 http://www.boston.com/news/world/africa/articles/2009/12/04/prosecutor_cites_isolation_of_sudans_leader/

“The chief prosecutor of the International Criminal Court said Friday that the Sudanese president's recent avoidance of traveling abroad to high-level events bodes well for his ultimate arrest for alleged war crimes in Darfur.

Luis Moreno-Ocampo also raised the possibility of prosecuting other Sudanese officials who actively deny and cover up the government's involvement in alleged war crimes during the 6 1/2-year conflict in the vast western Sudanese province.

He was cagey when asked about the possibility of prosecuting Sudan's U.N. Ambassador Abdalmahmood Mohamad, who has vehemently defended President Omar al-Bashir, but he stressed that no one is exempt.

Mohamad responded by calling Moreno-Ocampo a ‘mercenary of death and destruction’ and accusing him of ‘lies’ and trying to politicize his office.

Moreno-Ocampo said al-Bashir's decision to skip the U.N. General Assembly, the Organization of Islamic Conference and other meetings is a sign of his growing isolation because of the increasing global support for enforcing the court's arrest warrant.

‘Respect for the court decision to issue an arrest warrant against president al-Bashir sends a clear message: president al-Bashir will face justice,’ he told the U.N. Security Council. ‘Any leader committing crimes will face justice.’

Moreno-Ocampo stressed that political power did not provide immunity for former president Slobodan Milosevic of Yugoslavia and Charles Taylor of Liberia and former Rwandan prime minister Jean Kambanda….”

iv. “Darfur crimes continue, Sudan not cooperating with ICC, official says,” CNN, 4 December 2009 http://edition.cnn.com/2009/WORLD/africa/12/04/u.n.sudan.darfur.violence/index.html?section=cnn_latest

“The International Criminal Court's chief prosecutor reported Friday to the U.N. Security Council that violence continues in Darfur and that the Sudanese president and his government are not cooperating with investigators.

Luis Moreno-Ocampo noted positive developments in judicial proceedings and ‘fruitful’ cooperation with international bodies, but said there still remain many setbacks. He explained that crimes continue in the region, including ‘indiscriminate bombings of civilians ... rapes and sexual violence’ and the ‘use of child soldiers.’

Moreno-Ocampo also highlighted Sudanese President Omar Hassan al-Bashir's role in the situation. ‘Any leader committing crimes will face justice. Power does not provide immunity.’

Al-Bashir has refused to appoint a lawyer to represent his position in court and, because of the ICC-issued warrant for his arrest, has not risked traveling to attend high-level events such as the U.N. General Assembly or a meeting held by the Organization of the Islamic Conference, or to other countries where it had been thought he might go, such as Uganda, Nigeria and Venezuela.

Moreno-Ocampo said respect for the International Criminal Court's decision to issue the warrant would send a clear message that al-Bashir ‘will face justice.’…”