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Darfur: Latest news, interviews and opinions

06 Apr 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 news articles (I) and related interviews and opinions (II).

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
http://www.coalitionfortheicc.org/

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I. LATEST ARTICLES

i. “Sudan’s Bashir not welcome in France: Elysee”, Sudan Tribune, 22 March 2010, http://www.sudantribune.com/spip.php?article34506

“The Sudanese president Omer Hassan Al-Bashir has been asked to dispatch an envoy to attend the France-Africa summit that is scheduled for next May at the Riviera city of Nice but has not been personally invited, officials at president Nicolas Sarkozy’s office said today…

However, today the Elysee made a clarification on the reports carried by Sudan state media stressing that Bashir would not be welcome on French territory.

"The president has indeed sent a letter to Omar Hassan al-Bashir to ask him to nominate the person who will represent Sudan at the Franco-African summit," said an unidentified French official to Reuters, making clear that the Sudanese leader himself could not come...”

ii. “Bashir’s list of skipped events keeps growing since ICC warrant”, Sudan Tribune, 23 March 2010, http://www.sudantribune.com/spip.php?article34507

“On Monday the French government said that it had made it clear that the Sudanese president Omer Hassan Al-Bashir is not welcome to attend the France-Africa summit held at the Riviera city of Nice.

Paris requested that Bashir send an envoy to represent him at the summit instead.

Originally planned in Egypt, the next Africa-France summit was finally moved to Nice on a joint decision of French president Nicolas Sarkozy and his Egyptian counterpart Hosni Mubarak to avoid the presence of Bashir, charged by the International Criminal Court (ICC) with war crimes against humanity in Darfur…

Many observers and political figures inside Sudan have began to publicly question the ability of Bashir to function as president given the outstanding warrant which has hampered his mobility abroad and restricting it to non-ICC members to avoid apprehension. They also cited economic implications…”

iii. “PM opposes ICC’s Bashir indictment”, by Sebastian Strangio (Phnom Penh Post), 17 March 2010, http://www.phnompenhpost.com/index.php/2010031733756/National-news/pm-opposes-iccs-bashir-indictment.html

“Prime Minister Hun Sen has condemned the International Criminal Court (ICC) for issuing a warrant for the arrest of Sudanese President Omar al-Bashir, telling a Sudanese official the indictment could “adversely affect” peace negotiations in the war-torn African nation.

Koy Kuong, spokesman for the Ministry of Foreign Affairs, said that during a meeting last week, Hun Sen told Sudanese Special Envoy and Vice Minister of Foreign Affairs Ali Ahmet Karti Mohamed that he shared Khartoum’s opposition to the indictment of its head of state…”

iv. “Arab Leaders Affirm their Solidarity with Sudan”, Sudan Vision, 30 March 2010, http://www.sudanvisiondaily.com/modules.php?name=News&file=article&sid=55460

“The Arab leaders have affirmed their solidarity with Sudan in the face of any intervention in its internal affairs, and also declared their rejection to the allegations of the so-called International Criminal Court against the President of the Republic, Field Marshal Omer Al Bashir.

In the Serte Declaration, which was issued by the end of the 22nd Arab Summit Sunday in Serte, Libya, the Arab leaders welcomed the steps taken for reaching solution for Darfur issue, and called on all parties to adhere to dialogue as a means for achieving security and stability…”

v. “ICC prosecutor: Sudan poll like vote under Hitler”, Reuters/Washington Post, 23 March 2010, http://www.washingtonpost.com/wp-dyn/content/article/2010/03/23/AR2010032302354.html

“The prosecutor of the International Criminal Court (ICC) said on Tuesday that monitoring Sudan's election next month would be like monitoring a vote in Hitler's Germany.

Prosecutor Luis Moreno-Ocampo pressed for the arrest warrant issued by the ICC a year ago against Sudanese President Omar Hassan al-Bashir for alleged war crimes and crimes against humanity in Darfur region. Bashir is contesting the poll.

Speaking a day after Bashir threatened to expel international election monitors for saying the vote may have to be delayed to deal with logistical problems, Moreno-Campo told a Brussels seminar:

"It's like monitoring a Hitler election. It's a huge challenge."

Moreno-Campo is not involved in election monitoring. The European Union plans to send 130 observers to Sudan in April to assess the election, the country's first multi-party vote in more than two decades…”

vi. “They're off; Sudan's elections”, The Economist, 20 March 2010, http://www.economist.com/world/middle-east/displaystory.cfm?story_id=15731572

“Campaigning is under way for the country's first real multi-party elections since 1986, due to be held on April 11th…Access to the state-controlled media has been restricted; one of Mr Bashir's main challengers, Sadiq al-Mahdi, a former prime minister, was unable to broadcast a speech in which he reminded voters at length that Mr Bashir is wanted by the International Criminal Court (ICC) at The Hague for alleged war crimes in Darfur…Mr Bashir is looking for a convincing victory to legitimise his rule, particularly in view of the ICC's indictment…”

vii. “U.S. Group Calls on International Community not to Legitimize Sudan Elections”, by James Butty (VOA News), 5 April 2010, http://www1.voanews.com/english/news/africa/east/Butty-Sudan-Save-Darfur-Coalition-05april10-89895332.html

“Robert Lawrence, director of policy for the Save Darfur Coalition, said his group is urging the United States and the international community not to legitimize Sudan’s presidential election.

… Lawrence said the Save Darfur Coalition is also concerned the elections might make President al-Bashir stronger vis-à-vis the International Criminal Court indictments that the Sudanese leader faces…”

viii. “Bashir Should Surrender, Coalition Partner Says”, by Henry Gombya (Black Star News), 23 March 2010, http://blackstarnews.com/news/122/ARTICLE/6392/2010-03-23.html

“A partner in President Omar Al-Bashir’s ruling coalition government is calling upon the Sudanese strongman to give himself up to the International Criminal Court (ICC) in The Hague.

In a move that has sent shockwaves amongst Sudanese politics as the country gets ready for next month’s general elections, Edward Lino, the Sudanese Peoples Liberation Movement (SPLM) candidate for governor of Khartoum and the SPLM chief of intelligence, said: "President Bashir has no option but to respond to what the ICC is putting up. He has to go. If he does not go, he will be taken there."…

The indictment of Gen Bashir by the ICC was described by ICS as "a victory for the conflicts countless victims." …”

ix. “AU Pushes for Hybrid Courts”, Katy Glassborow et al. (IWPR), 15 March 2010, http://www.iwpr.net/?p=acr&s=f&o=361134&apc_state=henh

“African Union representatives have been meeting officials in Khartoum and Darfur to discuss whether local justice can be implemented on the ground, despite fears that the Sudanese legal system is not up to the task.

An AU report published at the end of last year recommended establishing a new hybrid court system, consisting of both local and foreign judges, in order to prosecute perpetrators of war crimes in Darfur.

This report represented an attempt by the AU to bridge the gap between those who doubt the capability of local Sudanese courts and government officials who remain suspicious of international involvement.

A new AU panel is now looking at how these recommendations can be turned into policy on the ground. …

But challenges remain. Most significantly, Sudanese president Omar al-Bashir, himself wanted for war crimes by the International Criminal Court, ICC, has repeatedly stressed that he does not want any international involvement in war crimes tribunals. This would also rule out the role that hybrid courts could play.

And many Darfuris remain deeply suspicious of local justice, claiming that the courts are effectively controlled by the government, and therefore favour international engagement in the justice process.

Christopher Hall, a senior legal adviser for Amnesty International, who describes the Sudanese legal system as a sham, is sceptical that a hybrid system of justice would work.

“If you look at the current record of Sudan's courts, it will be extremely difficult to develop an effective hybrid system,” Hall said. “At the moment, Sudan is not cooperating with the ICC to arrest anyone. What evidence is there that they would cooperate any more with a hybrid court?”

Hall's remarks point to what many commentators see as one of the main flaws in trying to introduce hybrid courts into Sudan. Now that the ICC has charged the country's president with seven counts of war crimes and crimes against humanity, Khartoum has become even more openly hostile towards the court.

Salih Osman, a lawyer from Darfur, notes that in June 2005, three months after the UN referred Sudan to the ICC, there was some attempt to establish a special court to try those responsible for Darfur crimes.

But, Osman says, the court ultimately proved to be ineffectual and was simply an attempt by the government to show the international community that they were doing something about the atrocities in Darfur in a bid to stave off ICC intervention.

“The mechanisms set up by the government of Sudan failed to deliver justice,” he said. “The court was not independent and international standards were not applied.”

In total, 30 cases were brought before the special court, resulting in ten convictions. Charges mainly included robbery and murder, although there was also one case of rape.

“These charges do not reflect the severity of crimes committed in Darfur,” Osman said. “Nothing was mentioned about the systematic attacks on civilians or their forcible deportation.”

The special court is now no longer in operation, Osman said, adding that “nothing has really changed”.

“For hybrid courts to work, there needs to be a lot more demonstration of willingness on the part of the government of Sudan that they'd be committed to this as a genuine process of accountability,” said Caitlin Reiger, deputy director of the prosecution department at the International Center for Traditional Justice, ICTJ, an NGO. “The technical details can be worked out a lot more easily.”

Reiger says that the success or failure of hybrid courts in other regions of the world has almost always depended on the support they have from the local administration…

Reiger adds that a hybrid court for Sudan would “open a whole can of worms” as to whether proceedings in the country would be able to take the place of the ICC. Under the Rome Statute, the ICC should only take on cases where national jurisdictions are unable or unwilling to prosecute.

Claudia Perdomo, an ICC spokeswoman, declined to comment about the feasibility of hybrid courts in Sudan.

“At this stage, Sudan remains under our jurisdiction,” she said. “The validity of hybrid courts would be a matter for ICC judges to decide. Any comment about them at this stage would simply be speculation.”…”

x. “Red Cross hostage freed in Darfur”, Reuters, 18 March 2010, http://uk.reuters.com/article/idUKLDE62H0LE._CH_.2420

“Aid worker Gauthier Lefevre, kidnapped in Sudan's Darfur region, was released on Thursday after 147 days in captivity, a spokesman for the International Committee of the Red Cross said.

…Kidnappings of foreign aid workers in Darfur were rare until last year's International Criminal Court arrest warrant for President Omar Hassan al-Bashir, accused of war crimes in Darfur.

Sudan rejects the ICC and Bashir is running for re-election in April's first multi-party elections in 24 years…”

SEE ALSO:

1. “France Invites Sudan, But Not Its President, to Africa Summit”, VOA News, 22 March 2010, http://www1.voanews.com/english/news/africa/east/France-Invites-Sudan-But-Not-Its-President-to-Africa-Summit--88829407.html

2. Opponents say Bashir should face war crimes charge, The Citizen (Tanzania), 22 March 2010, http://thecitizen.co.tz/news/2-international-news/854-opponents-say-bashir-should-face-war-crimes-charge.html

3. “Should the ICC Oppose Sudan’s Election?”, by Julian Ku (Opinion Juris), 30 March 2010, http://opiniojuris.org/2010/03/30/should-the-icc-oppose-sudans-election/

4. “U.S. envoy in crisis talks after Sudan election pullout”, by Andrew Heavens (Washington Post/Reuters), 1 April 2010, http://www.washingtonpost.com/wp-dyn/content/article/2010/04/01/AR2010040100192.html

5. “Sudan's president warns on boycott of elections”, Press TV, 30 March 2010, http://www.presstv.ir/detail.aspx?id=121981&sectionid=351020504

6. “US envoy expresses confidence over credibility of Sudan elections”, Sudan Tribune, 4 April 2010, http://www.sudantribune.com/spip.php?article34639

7. “Sudan signs cease-fire agreement with Darfur rebels”, CNN, 18 March 2010, http://edition.cnn.com/2010/WORLD/africa/03/18/sudan.peace.agreement/

8. “Concern Over Janjaweed “Immunity”, By Tajeldin Abdhalla Adam et al. (IWPR), 23 March 2010, http://www.iwpr.net/index.php?apc_state=hen&s=o&o=l=EN&p=acr&s=f&o=361379

II. INTERVIEWS; OPINIONS

i. “'I Feel Completely Safe' - SPIEGEL Interview with Sudanese President Omar al-Bashir”, by Susanne Koelbl and Volkhard Windfuhr (Der Spiegel), 22 March 2010, http://www.spiegel.de/international/world/0,1518,684941,00.html

“In a SPIEGEL interview, Sudanese President Omar al-Bashir, the subject of an international arrest warrant issued by the International Criminal Court, discusses the worldwide condemnation of war crimes in Darfur, the possible partition of Sudan and his relationship with terrorist leader Osama bin Laden.

... SPIEGEL: Mr. President, you are the first sitting head of state against whom the International Criminal Court has issued an arrest warrant for war crimes and crimes against humanity. In addition, genocide charges are being considered against you. More than 100 countries, or about half of the world, are required to execute the arrest warrant. How do you respond to these serious charges?

Bashir: It is simply not true that 100 or more countries have taken a stand against Sudan. Many African nations are demanding that the International Criminal Court reconsider the decision, and some countries are even threatening to withdraw from the tribunal because of it.

SPIEGEL: More and more countries, including South Africa, are distancing themselves from you.

Bashir: We have excellent relations with South Africa. The vice president visited us, and we have arranged for the president to visit us after our elections in April. I have received a personal invitation from Venezuela, which I will also accept after the election. Yes, there are problems, mainly with the European countries. But the strangest behavior is coming from the United States, which insists on execution of the arrest warrant, and yet never recognized the International Criminal Court.

SPIEGEL: You seem to show little concern for your safety here, despite the persistent rumors that you are threatened by a special commando that could execute the arrest warrant and take you to The Hague.

Bashir: I feel completely safe in my country. On the contrary, the International Criminal Court has even done me a service, one that I could never have dreamed of. My popularity at home has unexpectedly shot up as a result of this arrest warrant.

SPIEGEL: Nevertheless, unspeakable crimes have occurred in the troubled Darfur region. According to the indictment, you controlled the notorious Janjaweed mounted militias, which systematically raided villages in Darfur and massacred residents.

Bashir: Those are all baseless accusations. From the beginning, it was a conspiracy controlled from abroad that supported the rebellion in Darfur.

... SPIEGEL: As commander-in-chief and head of state, do you assume personal responsibility for what happened in Darfur?

Bashir: It is one of my duties to ensure that the laws are observed, and I am responsible for everything that happens while I perform this duty. ...”

ii. Warrant boosted my popularity, says Bashir, Arabnews.com, 21 March 2010, http://arabnews.com/middleeast/article32615.ece

"The International Court of Justice (ICC) has done me a favor which I would never have dreamt of. My popularity in my home country has unexpectedly multiplied through this arrest warrant," Al-Bashir told Spiegel news magazine…”

iii. “Genocide evidence must not be lost in Darfur”, by John Prendergast and Omer Ismail (The East African), 15 March 2010, http://www.theeastafrican.co.ke/news/-/2558/878484/-/puh8fyz/-/

“Most governments don’t acknowledge it. The Sudanese president dismisses it.

Darfurians demand that it be recognised.

Academics, activists, and lawyers dispute whether it is still occurring or whether it occurred at all.

International Criminal Court judges debate standards of evidence surrounding it.

The nature of recent attacks by Sudanese government forces and militia allies against defenceless civilians potentially augurs its resurgence.

And if a fledgling peace process continues to move forward, then any evidence of its ever happening may well be swept under the carpet.

The “it” in question is Darfur’s genocide.

Seven years after a small rebellion in western Sudan by Darfurian insurgents unleashed a massive counter-insurgency strategy by the Sudanese government and its Janjaweed militia allies, the debate continues: What should be done about the genocide? How can justice and peace simultaneously be pursued?

The ICC’s recent ruling that genocide charges against Sudanese President Omar al-Bashir are possible gives new life to the issue.

And responding to a YouTube question posed by the Enough Project, President Obama appeared to reverse his administration’s stated policy of an “ongoing genocide” by referring to it in the past tense. How do we make sense out of all this?

In our eight trips into Darfur over these past seven years, we have never met a Darfurian who does not believe genocide has occurred.

But genocide is ultimately the subject of international law…”

iv. “Justice Elusive for Rape Victims”, by Tajeldin Abdhalla Adam et al. (IWPR), 12 March 2010, http://www.iwpr.net/?p=acr&s=f&o=361099&apc_state=henh

“The high burden of proof makes it almost impossible for them to win their cases.
Lawyers from Darfur say antiquated laws and weak investigations make it virtually impossible for rape victims to get justice in Sudan.

They say rape has been used as a tool of war in Darfur, and laws need to be amended so that women do not have to prove that they were to blame for the attack.

Lawyers say that one of the problems with Sudan's rape laws is that the crime is seen as no different to adultery or sodomy.

David Donat Cattin, director of the international law and human rights programme at Parliamentarians for Global Action, says that a woman who accuses a man of raping her could be charged with libelling him if the rape case is thrown out.

“This evidentiary burden is a double sword,” Cattin said. “On the one hand it... makes [rape] impossible to prove, and on the other hand it damages the victim again. There is no law in the world where this level of corroboration is required.”

Adrienne Fricke, a researcher for human rights group Refugees International, says that rape laws in Sudan draw their logic from Islamic sharia law, which historically sought to protect people accused of adultery from harsh punishment by requiring a high burden of evidence.

Darfur lawyer Saraj says that, even if a case is successfully reported and taken on by the police, there are major flaws in the investigations of sexual violence.

“There is no special unit to deal with rape cases at local police stations,” he said. “Those people who investigate the crime are not trained or specialised.”

Darfur lawyers have welcomed the International Criminal Court arrest warrant for Sudanese president Omar al-Bashir, which was issued last year and included one count of rape as a crime against humanity.

But they also recognise that international law on its own is not enough to bring justice to victims of rape in Darfur.

“In this condition of war we need new laws that can punish and deter perpetrators, and match our laws with international standards,” said Saraj, the lawyer from Nyala. “Unless this happens, local laws remain incapable of dealing with rapes.”…”

v. “For peace and justice”, by Betwa Sharma (Frontline (India), 27 March 2010, http://www.flonnet.com/stories/20100409270705000.htm

“… Like the rest of the country, Sarah Rahman is assessing the impact of the first arrest warrant issued by the International Criminal Court (ICC) against a sitting head of state. Born to a Fur father and an Arab mother, Sarah Rahman describes the ICC decision as “very good and fair”. The young woman wants justice for her father’s tribe and peace for her country. “Whoever replaces him (Bashir) will bring more war,” she said.

The indictment revealed a disconnect between the ICC’s objective of promoting justice in the face of a peace agenda and assertions of sovereignty. Several Arab nations and the African Union insist that indicting Bashir will frustrate the endeavours for peace in Sudan and prolong the war. The opposing camp is adamant that justice is at the heart of the peace process. International non-governmental organisations (NGOs), in particular, insist that the trial of Bashir will be a victory for human rights and an end to impunity.

The international community is trying to figure out if peace and justice are inseparable or whether settling for peace without justice is acceptable in a situation of ongoing violence and unspeakable suffering. The Sudanese people are divided in their allegiance to Bashir and their support of the ICC, but with the media and public opinion so tightly controlled by the government, it is difficult to put a finger on the pulse of the nation. …

In December 2009, while presenting his latest report on the ICC to the Security Council, Moreno-Ocampo stressed that indicted leaders had to face responsibility in court. “President Bashir is not doing that. He is not going to court. He is not appointing a lawyer,” he said. “Instead he is choosing as his defence line a political campaign…. The last one is exacerbating the conflict in the South to try to shift attention from the victims in Darfur.”…”

SEE ALSO:

1. “Genocide charges at the International Criminal Court?” by David McKenziea and Atitya Chhor (CNN (blogs)), 12 March 2010, http://news.blogs.cnn.com/2010/03/12/genocide-charges-at-the-international-criminal-court/

2 “Back to bloody square-one in Darfur”, by Julie Flint (The Daily Star (Lebanon)), 16 March 2010, http://www.dailystar.com.lb/article.asp?edition_id=10&categ_id=5&article_id=112782

3. “The Genocide in Darfur is Over”, by Rob Crilly (Huffington Post), 31 March 2010, http://www.huffingtonpost.com/rob-crilly/the-genocide-in-darfur-is_b_520762.html

4. “Darfur Now More than Ever”, by Robert B. Lawrence (Huffington Post), 22 March 2010, http://www.huffingtonpost.com/robert-b-lawrence/darfur-now-more-than-ever_b_508726.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.

Communications to the ICC can be sent to:

ICC
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2500 CM the Hague
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