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Sudan: UN Special Rapporteur on Human Rights in Sudan's Recent Assessment of Darfur Courts; Obasanjo Envoy and Sudan MoJ Discuss ICC

07 Mar 2006

Please find below excerpts from several recent articles reporting on
developments related to the ICC's investigation of the situation in Sudan. In
particular:

(1) Following a Reuters article circulated yesterday, Sima Samar, the UN Special
Rapporteur on Human Rights in Sudan has told reporters that "There has been not
much accountability for the serious crimes that have been committed in Darfur. A
special court established to bring people to justice has so far not accused or
prosecuted anyone with command responsibility." She added, "Since my last visit
to Sudan in October there has been not much accountability for the serious
crimes which have been committed in Darfur. And a special court established to
bring people to justice so far has not accused or prosecuted anyone with command
responsibility."

(2) Nigerian President Obasanjo's personal envoy, Muhammad Kabir, held a
three-hour meeting with Sudanese Minister of Justice Muhammad Ali al-Maradi
during a recent visit in which they discussed Resolution 1593, the International
Criminal Court, and the Darfur war crimes trials.

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 or
pending situations before the Court. The Coalition, however, will continue to
provide the most up-to-date information about the ICC.

Warm Regards,
Esti T. Tambay
Information and Analysis Officer
Coalition for the International Criminal Court

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A. UN SPECIAL RAPPORTEUR ON HUMAN RIGHTS IN SUDAN CRITICIZES DARFUR COURT

1. Deutsche Presse-Agentur, "ANALYSIS: Sudan accused of blocking efforts to
bring peace to Darfur" - 7 March 2006
http://www.mg.co.za/articlePage.aspx?articleid=266026&area=/breaking_news/breaki
ng_news__africa/

"A culture of impunity still reigns in Sudan's western Darfur region, and a
special Sudanese court set up to try perpetrators of war crimes in the
three-year-old Darfur conflict has failed to prosecute any suspected war
criminals, according to a United Nations envoy in Khartoum.

Sudan set up its own special criminal court for Darfur last spring to counter a
call from the international community call for Khartoum to send Darfur war
crimes suspects to the International Criminal Court in the Hague.

Sudan refused international intervention and formed the court to illustrate that
it could try war criminals internally.

But Sima Samar, the UN Special Rapporteur on Human Rights in Sudan, told
reporters in Khartoum Monday that the local courts have failed to try those
responsible for war crimes.

"There has been not much accountability for the serious crimes that have been
committed in Darfur. A special court established to bring people to justice has
so far not accused or prosecuted anyone with command responsibility," she said.
[...]

Samar's visit comes amid heightened tensions in Sudan over a possible takeover
of the African Union mission in Darfur by United Nations peacekeepers. [...]

The African Union Security Council is slated to meet on March 10, to determine
whether it will ask for UN support, but Sudan has threatened to pull out of the
AU if the body calls for UN support. Some charge that Sudan is merely posturing
in an attempt to frighten away the international community. "This is not
serious. They haven't got the guts to pull out of the African Union," says
Izzedin Abdul, a member of the Darfuri rebel Sudan Liberation Army (SLA). Mr.
Izzedin says a UN force is necessary to end the long-running conflict.

Last week, Sudanese President Omar Al Bashir threatened that Sudan would become
a "graveyard" for international forces. Sudan has long charged that the
international community has fabricated the crisis in Darfur and relations
between Sudan and the West have grown increasingly icy in recent weeks. [...]"

2. Voice of America News, "UN Envoy Urges Darfur War Crimes Prosecution" - 6
March 2006
http://www.voanews.com/english/2006-03-06-voa24.cfm

"A top United Nation's envoy to Sudan has charged that little is being done to
prosecute suspected criminals of war in the war-torn western Darfur region, and
says worsening security is perpetuating human rights abuses. Sima Samar says
that human rights abuses persist throughout Sudan, including arbitrary arrests
and torture.

Amid increasing violence in Darfur, the United Nations Human Rights Rapporteur
to Sudan says that there has been little accountability for war crimes in the
region, and suggests that Sudanese courts set up to try war criminals have
failed to do the job.

Sima Samar told reporters in Khartoum that human rights abuses persist in the
region, and suggested that Sudanese special courts are unable to try war
criminals. "The security situation in Darfur is getting worse. Of course if
there is lack of security there are always human rights violations," said Samar.
"Since my last visit to Sudan in October there has been not much accountability
for the serious crimes which have been committed in Darfur. And a special court
established to bring people to justice so far has not accused or prosecuted
anyone with command responsibility."

Samar called on Sudan and the international community to end the "culture of
impunity," in Dafur, adding that both Sudan government forces and rebel forces
are responsible for rights violations.

The special Sudanese courts were set up last spring after the international
community called for Darfur war crimes suspects to be sent to the International
Criminal Court in the Hague. Sudan refused to allow international intervention
and instead set up its own courts to try war criminals internally. [...]"

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B. NIGERIA PRESIDENT OBASANJO ENVOY AND SUDANESE MINISTER OF JUSTICE DISCUSS ICC

1. BBC Monitoring Middle East, Sudanese Media Centre Website, "Sudanese justice
minister, visiting Nigerian presidential envoy discuss Darfur" - 6 March 2006
(Link not available)

"The Darfur courts issue dominated the talks being held between the visiting
Nigerian President Obasanjo's personal envoy, Muhammad Kabir [phonetic], and
government officials.

In a meeting that lasted about three hours today, Kabir met with the minister of
justice, Muhammad Ali al-Maradi, were they discussed the International Security
Council's Resolution 1593 concerning Sudan's cooperation with the international
criminal court during the Darfur trials.

The minister of justice told SMC [Sudanese Media Cenre] that he explained to the
Nigerian envoy Sudan's stance in the legal aspect and the efforts its government
is making in prosecuting the Darfur criminals. He said that the meeting touched
on the results achieved through the reconciliation made in a number of the
Darfur issues.

The meeting was attended by the minister of state in the Ministry of Justice,
William Ajal Deng, and Ambassador Charles Manyang, head of legal affairs in the
ministry."

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