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Appeals Judgement to be Delivered; Interview with Al-Bashir and with Sudanese Ambassador to the UN; Other Related Information
02 Feb 2010
Dear friends,
Please find below information related to the International Criminal Court's investigation in Darfur, Sudan This digest includes the recent media advisory issued by the International Criminal Court announcing that an important appeals judgment will be delivered on Wednesday, 3 February, 2010, at 10:30 a.m in the case The Prosecutor v. Omar Hassan Ahmad Al Bashir and broadcast on the ICC website at: http://livestream.xs4all.nl/icc1.asx (I); as well as an interview with the Sudanese president Al-Bashir by Rusiya al-Yaum (II); excerpts of a briefing with US Envoy to Darfur, Scott Gration (III); Reuter's interview with the Sudanese Ambassador to the UN (IV); and other relevant information (V). 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 ********** I. MEDIA ADVISORY ICC NB: This document has been produced by the ICC. The CICC Secretariat distributes it as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. The document does not reflect the views of the CICC as a whole or its individual members. "Al Bashir case: Appeals Chamber to deliver on 3 February, 2010, its judgment on the Prosecutor's appeal against the arrest warrant decision," 28 January 2010, ICC-CPI-20100128-MA62, Case: The Prosecutor v. Omar Hassan Ahmad Al Bashir, http://www.icc-cpi.int/NR/exeres/F4AD511B-B9C4-4BEF-A481-AB6EBA6097CE.htm "On Wednesday, 3 February, 2010, at 10:30 a.m. (The Hague local time), the Appeals Chamber of the International Criminal Court will deliver, in public session, its judgment on the Prosecutor's appeal against the "Decision on the Prosecution's Application for a Warrant of Arrest against Omar Hassan Ahmad Al Bashir". In that decision dated 4 March, 2009, the majority of Pre-Trial Chamber I found that the material provided by the Prosecutor in support of his application for a warrant for the arrest of Omar Al Bashir failed to provide reasonable grounds to believe that Omar Al Bashir had the specific intent to destroy, in whole or in part, the Fur, Masalit and Zaghawa groups. Consequently, the crime of genocide was not included in the warrant issued for the arrest of Omar Al Bashir. On 6 July, 2009, the Prosecutor appealed the decision, in relation to that charge, submitting to the Appeals Chamber that the majority of Pre-Trial Chamber I erred when requiring that the existence of reasonable grounds to believe that the person has committed the alleged crime must be the only reasonable conclusion from the evidence presented by the Prosecutor. Practical information All journalists or other persons wishing to attend the delivery of the judgment are welcome. No confirmation is required. The courtroom proceedings can be followed on the ICC website at: Courtroom I: * English: http://livestream.xs4all.nl/icc1.asx * French: http://livestream.xs4all.nl/icc2.asx Please note there will be no delay in transmission. ..." II. INTERVIEW WITH PRESIDENT AL BASHIR i. "My case in International Criminal Court purely political" Sudanese leader," Interview by Rusiya al-Yaum, 26 January 2010, http://rt.com/Politics/2010-01-26/sudan-president-bashir-darfur.html "Sudanese President Omer al-Bashir has talked with RT's sister channel, Rusiya al-Yaum, on the Darfur settlement, Sudan-Chad relations and the warrant for his arrest issued by the International Criminal Court. Currently Sudan's leaders are struggling to get around the table with the rebel groups of its Darfur region - and although it is the third day of the latest peace talks in Qatar, neither side has held direct negotiations over the Darfur crisis. The UN Security Council is due to hold a closed meeting on the issue later. ... And, in an exclusive interview with RT's sister channel, Rusiya al-Yaum, Omer al-Bashir says foreign leaders do not understand the reality. Rusiya al-Yaum: Mr. President, how do you assess the initiative of the Peace and Security Council of the African Union, which in October this year decided to set up an international court to investigate the events in Darfur? Omer al-Bashir: Following this decision, it was decided to set up a mixed rather than international court. We have our own independent court and the judicial practice of our courts provides for the formation of such a court in the territory of Sudan for staging a trial over any Sudanese citizen. This court is supposed to start functioning after peace is achieved and the various parties in Darfur find a way to reconciliation, a process that should pass in keeping with the traditions of the aforesaid region. While doing this, the parties will settle conflicts and differences, settle all legal matters and ensure final reconciliation. Rusiya al-Yaum: Mr. President, what do you think about the international community's role in the Darfur settlement in general and in peacekeeping operations in particular as well as in the definition and punishment of people guilty of committing crimes in this Sudanese province? OB: Naturally, the international community plays a positive role and helps Sudan to establish peace in Darfur. But there is another aspect to this problem: there are forces which seek to overthrow the regime in Sudan. The military forces that are now deployed in Sudan are the peacekeepers whose presence is welcome. To enable them to fulfill their tasks we've facilitated and simplified various procedures to the maximum. Thus a trilateral commission of the Sudanese government, the African Union and the United Nations, is working and is doing well. But we are sometimes surprised by the remarks of the United Nations Secretary General, the commander of the peacekeeping force, which don't match the real state of things. After the commission members reach understanding, we hear remarks that the government is interfering with the commission's work. In short, these statements are not based on the remarks of official workers in Darfur. As far as the legal proceedings are concerned, we would like to state that no one can stand above the law and every crime should be considered in court in all fairness. Rusiya al-Yaum: Mr. President, earlier the International Criminal Court passed an unprecedented ruling to issue a warrant for your arrest. What steps did the Sudanese government take to reverse that decision, which has caused a negative reaction from many statesmen in many countries? OB: As far as this court is concerned, I can say that it is of no relation to any aspect of the life in Sudan whatsoever. We don't have representatives in this court and we haven't signed the Rome Protocol. The work of that court could have been considered as the final concluding stage in the work of the national court. Our court is active, independent and capable of making decisions in the interests of doing justice. Therefore, I can say that this case is obviously political and all the decisions taken in that court initiated inside that court. We know that a number of witnesses were bribed and were prompted what evidence they should give. Later, some of them returned and spoke at a news conference in Addis Ababa. They told about everything they'd been through. They said they had been told what evidence they had to give and how they were paid if they refused to do that. In other words, this court is working in the interests of forces hostile to Sudan. For our part, we operate through regional international organizations so everybody can learn the truth about these fabrications, so that everybody can understand that the case is politically motivated and has nothing to do with the law. Its aim is to solve a political problem rather than to achieve justice...." III- PRESS BRIEFING US ENVOY SCOTT GRATION i. "Sudan: Foreign Press Center Briefing with Special Envoy for Sudan Scott Gration," United States Department of State, 11 January 2010, http://allafrica.com/stories/201001111725.html "The following press center briefing was held by U.S. Special Envoy to Sudan Scott Gration at the Washington Foreign Press Center in Washington, DC, to address the topic of Sudan on the fifth anniversary of the Comprehensive Peace Agreement. MODERATOR: Ladies and gentlemen, good morning. Welcome to the Foreign Press Center. Thank you for coming out on this frigid morning. Today's a very special day for us, not only because we have Special Envoy Gration coming to talk to us, but also because it's the first time that we will be DVCing with the South African media hub. It's an important occasion. We're getting information out to the source very rapidly. And I'm just very pleased to be able to share this moment with all of you. So a few ground rules before we start. You're all here. We also have a connection with South Africa. Once General Gration has made his remarks, we will go directly to South Africa to have their questions posed for us. Once we finish with them, we'll come back here to Washington and you will be able to ask your questions. Immediately after, we will again DVC with New York. As usual, make sure that your phones off, please, or, at least, on vibrator. And when you ask your questions, state your name and your news organization. Again, we would like to - the Foreign Press Center would like to welcome General Gration, Special Envoy for the President for Sudan. MR. GRATION: Good morning. Thank you very much. It really is a pleasure to be here and to have this opportunity to get the word out on what we've been doing in Sudan. You know, it's been five years since the CPA was signed. We just celebrated that anniversary on the 9th of January. It's the longest - or it's an agreement that ended the longest running war in Africa, the civil war between the North and the South. ... At this time, I'd like to open it up for your questions. QUESTION: Hello, General Gration, my name is Naos Hume from the South African Broadcasting Corporation. With all the positive things that you have said with regard to the peace movement, where does President Umar al- Bashir fit in, particularly considering that there is a possible arrest warrant out for him in any country that is willing to do so? And in that equation, do you expect the African Union to be supportive of possibly arresting another African president with a view to what has already occurred with the president of Liberia, Charles Taylor, who is now sitting at The Hague? MR. GRATION: Yes, really, we'll leave the decision of the African Union to them. I will just say that from our point of view, we believe that any solution in Sudan, especially in Darfur, where there were mass atrocities and people need to have restitution and justice, we believe that any long-term solution will have to have accountability and will have to have a component of justice. The details are still being worked out. President Mbeki and the high-level panel have proposed some options of courts and hybrid courts, and we support the ICC and have urged the Sudanese to put forth the information that the ICC is requesting...." IV. INTERVIEW WITH SUDANESE AMBASSADOR TO THE UN i. "INTERVIEW-Sudan rejects US charge on arms transfers to south," by Louis Charbonneau (Reuters), 29 January 2010, http://www.reuters.com/article/idUSN2999995 "Sudan's U.N. ambassador on Friday dismissed as 'irresponsible' U.S. allegations that weapons from northern Sudan were going to armed groups in the semi-autonomous south ahead of a nationwide April election. Earlier this week the U.S. ambassador to the United Nations, Susan Rice, said Washington was concerned about the flow of arms, including heavy weapons, into southern Sudan, and believed they were coming from northern Sudan and neighboring countries. Sudanese Ambassador Abdalmahmoud Abdalhaleem told Reuters that Khartoum 'categorically denied' Rice's allegations. ... The Sudanese envoy also reacted angrily to comments from the chief prosecutor of the International Criminal Court (ICC) in the Hague, Luis Moreno-Ocampo, who said this week that he expected a genocide charge soon against Sudanese President Omar Hassan al-Bashir. Abdalhaleem said that 'the enemies of Sudan' were trying to use Moreno-Ocampo to destroy the peace process for Sudan's western Darfur region and insisted that Khartoum would never cooperate with The Hague-based court. He said Moreno-Ocampo was 'just a screwdriver in the workshop of double standards and injustice and the ICC is the European Guantanamo.' He was referring to the controversial U.S. military prison camp at Guantanamo Bay, Cuba. The ICC issued an arrest warrant for Bashir in March 2009 for alleged war crimes in Sudan's western Darfur region in connection with mass killings and deportations, but it said there were insufficient grounds to charge him with genocide. Moreno-Ocampo appealed that decision to press for a genocide indictment. The ICC has said it will issue a decision on the appeal on Feb. 3. Bashir described the warrant against him as 'all lies' last year and ordered major aid agencies out of Sudan in response...." V- OTHER NEWS i. "Two Darfur rebel commanders expected to appear before ICC next week: sources," Sudan Tribune, 31 January 2010, http://www.sudantribune.com/spip.php?article33957 "The remaining two Darfur rebel commanders charged with masterminding an attack on African Union (AU) peacekeepers will appear voluntarily before the judges at the International Criminal Court (ICC) next week, Sudan Tribune has learned. The leader of the Darfur United Resistance Front (URF) Bahr Idriss Abu Garda is the only one of the three rebel commanders who appeared so far in connection with the AU peacekeepers assault in 2007 that left 12 soldiers dead and wounded eight others according to court documents. The victims of the attack on the peacekeepers came from Nigeria, Mali, Senegal and Botswana. The confirmation of charges of Abu Garda took place last October and a decision is expected to be made shortly on whether the evidence present warrants that he should stand trial. The URF chief denied that he ordered the attack on the AU troops. The names of the two other rebels have not been disclosed but they are believed to be Abdallah Banda, a former JEM army general who now leads a JEM splinter group and Saleh Jarbo from Sudan Liberation Movement (SLM)-Unity faction. The sources refused to say whether Banda and Jarbo have arrived in the Hague or whether they are en route...." ii."Sudan Reaffirms Non-recognition of ICC, Downplays any Genocide", Sudan Vision, 30 January 2010, http://www.sudanvisiondaily.com/modules.php?name=News&file=article&sid=53546 "Sudanese government has downplayed an announcement by the Judges of International Criminal Court's on an intention to issue a decision on February 3 to allow the ICC Chief Prosecutor, Lewis Moreno Ocampo to file genocide count against the Sudanese President. Mohammed Hassan Al-Amin, the National Assembly Speaker, said ,'For us the matter is unimportant and entirely rejected. The ICC means nothing to us. ' 'We are neither members of the Court nor recognize it. It is part of conspiracy against Sudan and Ocampo is a tool for that conspiracy,' Al-Amin added. In a press statement to Sudan Vision, Al-Amin underlined that Sudan has not and will not recognize the ICC as it is not a member to it. ..." iii. "ICC in secret talks with Darfur rebel leaders," Al-Arabya, 30 January 2010, http://www.alarabiya.net/articles/2010/01/30/98875.html "The International Criminal Court (ICC) has been in off-on secret negotiations for months with two Darfuri rebels wanted for questioning in connection with the attack on an African Union peacekeeping mission base in Haskanita in Sep. 2007, well-placed U.N. sources told Al Arabiya Saturday on condition of anonymity. The negotiations were aimed at facilitating the two rebels' voluntary appearance before the ICC judges in The Hague, according to the sources. The rebels were summoned under seal by the judges to appear before them and answer questions concerning their alleged responsibility for the Haskanita massacre that killed 12 African Union (AU) soldiers and more than a hundred civilians, and wounded hundreds. Identities of the two rebels, accused along with Bahr Idriss Abu Gharda by the ICC General Prosecutor Luis Moreno Ocampo of responsibility for the massacre and displacement of more than 15,000 civilians, has been kept secret by the ICC. But Al Arabiya revealed Saturday for the first time the identities of the two rebel leaders as General Abdallah Banda and Commander Jerbo Jamus....." ************************** 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 Mariana Rodríguez- Pareja Communications Officer (Spanish) & Latin America Analyst Coalition for the International Criminal Court Coalición por la Corte Penal Internacional [email protected]|www.coalitionfortheicc.org Together for Justice: Civil society in 150 countries advocating for a fair, effective and independent ICC. |
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