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Darfur: Interviews; Latest news articles and opinions

20 Feb 2010

Dear all,

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

This message includes latest interviews (I), as well as related news articles (II) and opinions (III).

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.

With regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. LATEST INTERVIEWS

i. Darfuris feel "let down", by Hermione Gee (RNW), 10 February 2010, http://www.rnw.nl/int-justice/article/darfuris-feel-“let-down”

"The last week has seen two important developments regarding ICC prosecutions of alleged war crimes committed in Darfur. Tajeldin Abdalla Adam is a journalist with Radio Dabanga, a Netherlands based station that broadcasts to Darfur. He told the IJT what these rulings will mean for Darfuris.

How have the people of Sudan reacted to the recent ICC ruling regarding President Bashir?

In the beginning there was some confusion about the decision itself. Because a lot of people were actually expecting that President Bashir was going to face genocide charges and that the appeals chamber put a direct decision on that. But later on they discovered is was not like that. But overall they know - especially the victims in the camps - that the government has committed genocide against them and because of that, they hope and expect the court will take this into consideration and genocide would be added to the arrest warrant.

What would Darfuris like to see happen in this case?

They want to see, first of all, justice. These people feel very bitter. They feel like they've been let down by their government, by the African Union and by the outside world. So they need to see some sort of justice if they want to reclaim their life.

... Do they see the ICC as having any role in this?

They strongly believe in the ICC and that puts the court in a very challenging position because they see it as their last hope. Especially when Luis Moreno Ocampo speaks about Darfur atrocities, they say 'well, this man can speak even better than we do.' They are saying if we can't get peace, then justice. If we get justice we can talk about peaceful settlement and reconciliation, etc. So this is a very uncompromising issue for them.

Is it important to Darfuris that President Bashir is charged with genocide?

Yes. We have done an audio survey on this and it seems they care a lot about the issue of genocide because they say 'the government deliberately targeted us in this war, because of our ethnicity, our tribe.' They say if the court needs evidence 'we are going to provide it. We are the survivors.'

Survivors in eastern Chad say they have evidence to provide on genocide. For them it's important, they speak a lot about genocide, the government's intent to wipe them out, to get rid of them as a population.They want the acknowledgement of what happened to them.

They were also surprised that genocide was not included in the first arrest warrant. 'Why is the court dragging its feet? Why are they delaying and talking about it, because we know this is a genocide - what else can you call this?'

The ICC just dropped all charges against Abu Garda. What's been the reaction in Darfur?

Abu Garda and his supporters are understandably delighted. ... While the government said it was just a showcase, Darfuris who are not necessarily the supporters of Abu Garda, said that this is a very courageous move [by the ICC].

Everybody now sees how the court works independently. The prosecutor accused somebody and brought him to the court but the pre-trial judges rejected his allegation in this particular case. It gives a lot of credit to the court. And this gives [Abu Garda] a lot of credit because he went there voluntarily...."

ii. "Analyst Sees Potential Problems With Sudan's April Elections", by James Butty (VOA News), 14 February 2010, http://www1.voanews.com/english/news/africa/east/butty-sudan-election-analysis-15feb10-84359937.html

"... Fouad Hikmat, the International Crisis Group's advisor on the African Union and Sudan, said while the April elections are important for Sudan's democratic transformation, the outcome could be problematic for a number reasons.

... Hikmat said President Bashir would like to win the election to send a message to the International Criminal Court (ICC).

'Specifically Bashir, he's being accused by the ICC, and that's why it is extremely important for him to win the elections to give a message that if I was a person that committed crimes against humanity, my people wouldn't have chosen me,' Hikmat said.

... At their last meeting in Ethiopia's capital, Addis Ababa, African leaders reiterated their request for the United Nations to invoke Article 16 which allows the UN Security Council to suspend the ICC prosecutions for a period of 12 months so as to give peace a chance in Darfur. Hikmat said the African Union's Panel on Darfur led by former South African President Thabo Mbeki, recognizing the lack of an independent legal system in Sudan has recommended the establishment of a hybrid court system in Darfur.

'As far as the ICC (is concerned), that is up to the Sudanese to deal if they could reach a peaceful agreement somewhere in the future for a truce and reconciliation. But still that will not wave the request of the ICC which is to bring Bashir and other culprits into the process for international judicial accountability,' Hikmat said...."

II. NEWS COVERAGE

i. "Sudan must speed up Darfur trials: rights expert", Reuters, 11 February 2010, http://af.reuters.com/article/topNews/idAFJOE61A0HS20100211

"Sudan's special prosecutor for crimes in Darfur has not charged or tried anyone, and the government must speed up trials or lose the confidence of the people, a U.N.-appointed human rights expert said on Thursday.
Sudan appointed special prosecutor Nimr Mohamed in 2008 hoping his trials would delay the International Criminal Court which last year issued an arrest warrant for President Omar Hassan al-Bashir for war crimes in Darfur. Sudan rejects the ICC's jurisdiction.

'He (Nimr Mohamed) informed me that investigations are continuing and that no one has been charged and tried as yet,' Tanzanian judge Mohamed Chande Othman told reporters.

... Othman said there were 120 investigations underway but that the prosecutor said he was facing problems accessing rebel-held areas and finding witnesses who had left the country.

Othman was speaking in Khartoum after a 17-day trip, his first visit since being appointed last year by the U.N. human rights council to review Sudan.

He noted a few positive developments with female police being deployed and human rights awareness training of security forces.

The ICC is reviewing genocide charges against Bashir and the government had hoped its trials would substitute for the ICC proceedings. A fair national judicial process would take precedence over ICC investigations...."

ii. "China 'concerned' about ICC accusations against Sudan's leader," Afrique en ligne, 10 February 2010, http://www.afriquejet.com/news/africa-news/china-'concerned'-about-icc-accusations-against-sudan's-leader-2010021043819.html

Tuesday, China joined African countries and regional organisations, including the African Union (AU) and the League of Arab States, in expressing its 'explicit and deep concern' about the indictment of Sudanese President Omar Hassan Al Bashir by the International Criminal Court (ICC).
Expressing its readiness to work with the international community for an appropriate settlement of the Sudan issue on the basis of peace and stability, China said 'the situation in Sudan is now at a complicated, sensitive and critical stage.'

In a statement made available to PANA here, China's Foreign Ministry spokesperson Ma Zhaoxu remarked: 'We don't want to see the ICC's move adding further complications to the resolution of the Darfur issue and North-South peace, which will disturb or even undermine the cooperative atmosphere.'
The spokesperson was commenting on the recent move by the Appellate Chamber of the ICC ordering the first ICC pre trial chamber to reconsider their decision not to charge Al-Bashir with genocide...."

iii. "African Union calls for hybrid court to try Darfur genocide cases," by Andrea Bottorff (The Jurist), 9 February 2010, http://jurist.law.pitt.edu/paperchase/2010/02/african-union-calls-for-hybrid-court-to.php

"The African Union (AU) on Monday called for a hybrid court of Sudanese and foreign judges to hear trials of individuals accused of war crimes in Darfur. The AU Implementation Panel, led by former South African president Thabo Mbeki, renewed its request for the combined court a week after the International Criminal Court (ICC) issued a ruling to reconsider genocide charges against Sudanese President Omar al-Bashir . The AU had issued a statement condemning the ICC decision and stressing the need for African participation in seeking justice in Sudan..."

iv. "Work begins on compensations for victims of Darfur conflict," United Nations-African Union Mission in Darfur (UNAMID)/ ReliefWeb, 10 February 2010, http://www.reliefweb.int/rw/rwb.nsf/db900SID/VVOS-82JL3Q?

"Today, about one hundred members of the Darfur Compensation Commission (DCC) and the Transitional Darfur Regional Authority (TDRA) came together in El Fasher, North Darfur, with the support of UNAMID's Rule of Law division to begin working in El Fasher, North Darfur, towards the compensation of victims of the conflict.

At the opening ceremony of the DCC's workshop entitled 'Understanding Compensation under the Darfur Peace Agreement (DPA),' senior UNAMID officials joined the Director of the DCC and the Secretary-General of the TDRA in North Darfur in stressing the importance of reparations to the pursuit of justice and sustainable peace in Darfur.

... The legal consultants and government officials participating in the workshop will be familiarised with the DPA's modalities for compensation and also try to learn lessons from other strife-ridden countries which underwent reparations, such as Sierra Leone. ..."

Chief of UNAMID's Rule of Law Division, Germain Baricako ... emphasized that the provision of technical assistance and logistical support was only complementary, and that the primary responsibility to implement the DPA and compensation ultimately resided with the Government of Sudan."

v. "Soudan : Le candidat Al-Mahdi ne livrera pas Bachir à la CPI" (Sudan: Candidate Al-Mahdi will not surrender Bashir to the ICC) Les Afriques, 11 February 2010, http://www.lesafriques.com/soudan/soudan-le-candidat-al-mahdi-ne-livrera-pas-bachir-a-la-cpi.html?Itemid=320?articleid=22167 (In French)

« Should he be elected, Sadiq Al-Mahdi, leader of the main opposition party El Umma and candidate for next presidential elections in Sudan, will not surrender President Omar al-Bashir to the International Criminal Court (ICC) which accuses him of war crimes and crimes against humanity in the conflict in the western region of Darfur.

'We believe that the idea of trying Al-Bashir at the ICC is a threat to the stability of Sudan,"Al-Mahdi declared. ... »

[Unofficial translation provided by CICC Secretariat]

SEE ALSO:

vi. "Darfur, Sudanese Judges to Sit", News24, 9 February 2010, http://www.news24.com/Content/Africa/News/965/640dfaac98bf4eab8f36aa9889489db3/09-02-2010-08-05/Darfur_Sudanese_judges_to_sit

vii. "Sudan: Hague Court Attacks Prosecution Evidence as 'Weak,' 'Unreliable'", All Africa, 9 February 2010, http://allafrica.com/stories/201002090252.html

III. OPINIONS AND ANALYSES

i. "Raising the Burden of Proof: The Prosecutor v. Omar Hussein Ahmad Al Bashir", by Christine Kellowan (The Court), 10 February 2010, http://www.thecourt.ca/2010/02/10/raising-the-burden-of-proof-the-prosecutor-v-omar-hussein-ahmad-al-bashir/

"Last Wednesday, hope for justice in Darfur was renewed with the news that the Appeals Chamber of the International Criminal Court ("ICC") opened the door for an arrest warrant on the charge of genocide to be issued against Sudanese President Omar Hussein Ahmad Al Bashir. The Prosecutor hopes to add genocide to the existing arrest warrant for crimes against humanity and war crimes. It is alleged that Mr. Bashir's government intended to ethnically cleanse the Fur, Masalit and Zaghawa peoples in Darfur.

... The Appeals Chamber's reversal of the lower court means that the Prosecutor can reapply for an arrest warrant on the charge of genocide. Given the need to properly assess the substance of the application, the Appeals Chamber refused to issue the warrant itself. Arguably, there was more at play than respect for jurisdiction when the Appeals Chamber refused to exercise its discretion to issue the warrant. The horrific nature of the allegations strongly tug at the heart strings, and call out for Mr. Bashir to be arrested on the charge of genocide. Implicitly, the Appeals Chamber recognizes the need to properly adjudicate these types of politically charged legal problems in a fair manner. In a time where political support in the African Union has allowed Mr. Bashir to evade arrest, the ICC must use extra effort to properly adjudicate legal issues. When it makes mistakes on run-of-the-mill criminal principles such as the standard of proof, the ICC cannot cut corners to remedy its mistakes without the repercussions of undermining the legitimate claims of victims and its reputation as a legal adjudicative body."

ii. "Deferring al-Bashir trial will not help Sudan" by Nicole Fritz (Business Day), 16 February 2010, http://www.businessday.co.za/articles/Content.aspx?id=93747

"... [I]t isn't hard to see why the decision might be read as an intensification of the campaign against al-Bashir. In the public's perception, genocide represents the worst of crimes. Its possible addition to the charge sheet invites the public to view al-Bashir as even more irredeemable.

But if a charge of genocide is a powerful public advocacy tool, it's not an effective legal strategy. Genocide is notoriously difficult to prove. ...

It may have been wiser simply to proceed with charges of crimes against humanity and war crimes - which, legally speaking, entail no fewer deaths and no less responsibility than does genocide.

... The polarised nature of the al- Bashir indictment makes it unsurprising that the protagonists can't see the wood for the trees, but recent developments suggest they're at risk of setting it on fire."

iii. "A vital election" The Economist, 10 February 2010, http://www.economist.com/world/middleeast- africa/displaystory.cfm?story_id=15491703

" In April Africa's largest country goes to the polls for its first national election since 1986. The election was forced on President Omar al-Bashir's regime in Khartoum in 2005, the price that it had to pay for signing a peace deal with its southern rebels in January of that year.

... Nonetheless, despite all the Western sanctions, UN pressure and international opprobrium over Darfur, Mr Bashir, wanted by the International Criminal Court (ICC) for war crimes and crimes against humanity, probably remains the favourite to win the election. After which, among other things, his supporters will regard him as untouchable by the ICC, causing even more difficulties for the UN and the West over Sudan.

SEE ALSO:

iv. "Is The International Criminal Court's Credibility Undergoing A Test?", by Tarig Mubarak (Articlesbase), 4 February 2010, http://www.articlesbase.com/politics-articles/is-the-international-criminal-court039s-credibility-undergoing-a-test-1822367.html

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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.

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2500 CM the Hague
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