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Darfur: Latest ICC announcements; News, Releases and Opinions

27 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 (I) latest ICC announcements, (II) as well as news articles and opinions (1) on the request made by the OTP for ICC Pre-Trial Chamber I to issue a finding of non-compliance of the Government of Sudan with a request to cooperate and (2) on the Sudanese elections.

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. ICC ANNOUNCEMENTS

Please note that these documents have been produced by the ICC. The Coalition for the ICC distributes them as part of its mandate to inform member organizations and individuals about ICC-related developments. The documents do not reflect the views of the CICC as a whole or its individual members.

i. "Pre-Trial Chamber I rejects the Prosecutor's application to appeal the decision declining to confirm the charges in the Abu Garda case", ICC Press Releases, 26 April 2010, http://www.icc-cpi.int/NR/exeres/A46503CD-6CDB-4190-8265-4656D64F133D.htm

"On 23 April, 2010, Pre-Trial Chamber I of the International Criminal Court issued a decision rejecting the Prosecutor's application to appeal the decision declining to confirm the charges in the case of The Prosecutor v. Bahar Idriss Abu Garda.

According to the Rome Statute, an appeal on a decision on the confirmation of charges cannot be made directly to the Appeals Chamber. It can only be made once leave of the Chamber has been granted. Pre-Trial Chamber I finds that the arguments raised by the Prosecution in its application for leave to appeal do not meet the requirements for an appeal (article 82(1)(d) of the Rome Statute). The Pre-Trial Chamber also recalls it has exercised its discretionary powers to freely assess the evidence submitted by the Prosecution for the purposes of the confirmation of charges.

In its decision of the 8 February, 2010, the Chamber had declined to confirm the charges against Bahar Idriss Abu Garda, as it was not satisfied that there was sufficient evidence to establish substantial grounds to believe that Bahar Idriss Abu Garda could be held criminally responsible either as a direct or as an indirect co-perpetrator for the commission of the crimes with which he was charged by the Prosecution. Abu Garda was charged with three war crimes, namely violence to life, intentionally directing attacks against personnel, installations, material, units and vehicles involved in a peacekeeping mission; and pillaging, allegedly committed during an attack carried out on 29 September, 2007, against the African Union Mission in Sudan ("AMIS"), a peace-keeping mission stationed at the Haskanita Military Group Site ("MGS Haskanita"), in the locality of Umm Kadada, North Darfur.

The decision does not preclude the Prosecution from subsequently requesting the confirmation of the charges against Abu Garda if such request is supported by additional evidence. ..."

ii. "ICC raises awareness amongst the Sudanese diaspora in Belgium", ICC Weekly Update #29, 12 April 2010, http://www.icc-cpi.int/NR/rdonlyres/7CEEACCA-7B63-45D9-BC86-4E637EB12D88/281729/ed29_eng.pdf

"As a part of the Outreach programme targeting the Sudanese diasporas in Europe, the Outreach Unit of the International Criminal Court (ICC) held an interactive session in Antwerp with a group of representatives of the Sudanese diaspora in Belgium. The session was organised in collaboration with the Association of the People of Darfur in Belgium, and with the participation of the Office of Public Counsel for Victims (OPCV), independent office within the ICC. More than 50 people from the Sudanese communities in Belgium took part in this activity. The purpose of the session was to explain the last judicial developments related to the situation in Darfur, specifically in the cases heard by the International Criminal Court (ICC), The Prosecutor v. Omar Hassan Ahmad Al Bashir and The Prosecutor v. Bahr Idriss Abu Garda, to the Sudanese living outside their country and to raise awareness about the rights of victims before the Court.

Two thirds of the participants had never before heard about victims' rights of participation and reparation before the ICC. Many of the questions asked by the public concern the mandate and functioning of the Court and, in particular, the means of implementation of ICC decisions.

During the year 2010, the Outreach programme will include interactive sessions with Sudanese communities in The Netherlands, Belgium, France, UK, Italy and Germany, in addition to Egypt and the refugee camps in Eastern Chad."

II. LATEST NEWS, RELEASES AND OPINIONS

1. ICC-OTP REQUEST FOR NON COMPLIANCE FINDING

i. "ICC prosecutor wants a non-cooperation finding against Sudan by judges," Sudan Tribune, 23 April 2010, http://www.sudantribune.com/spip.php?article34852

" The prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo asked the Pre-Trial Chamber I judges this week to enter a finding against the Sudanese government of non-cooperation in light of its refusal to hand over two suspects charged with committing war crimes and crimes against humanity in Darfur.
Should the judges grant the prosecutor's request, it would notify the court's president to transmit the ruling to the UN Security Council (UNSC) which referred the situation in Darfur in March 2005 to the ICC under a Chapter VII resolution mandating the cooperation of all warring parties in the western region including the government.

... Human Rights Watch (HRW) today urged the UNSC and other nations to press Sudan on the issue of cooperation.

'The ICC needs the cooperation of states, especially in the surrender of suspects, to do its work,' said Elise Keppler, senior counsel with the International Justice Program at Human Rights Watch. 'The Security Council and key governments should be actively pressing Sudan to cooperate with the court regardless of any formal finding of non-cooperation...."

ii. "ICC Prosecutor Condemns Sudan Non cooperation", by Mike Corder, (Associated Press), 22 April 2010, http://www.google.com/hostednews/ap/article/ALeqM5gGMdSABFIisRcwowJDR_hdVUbnRQD9F83B7G3

"The International Criminal Court prosecutor wants judges to report Sudan to the U.N. Security Council for refusing to hand over a government minister and a militia leader accused of atrocities in Darfur.

...It is unclear what effect - if any - the request will have on Sudanese President Omar al-Bashir. He also is wanted by the court for allegedly ordering atrocities in Darfur and has repeatedly refused any cooperation...."

SEE ALSO:

i. "ICC prosecutor wants Sudan cases referred to UN," AFP, 22 April 2010, http://www.google.com/hostednews/afp/article/ALeqM5gFl5SV8bnqES_TuTgbiRFe-BmZ6w

ii. "ICC Prosecutor Seeks Non-Cooperation Ruling Against Sudan," VOA, 22 April 2010, http://www1.voanews.com/english/news/africa/ICC-Prosecutor-Seeks-Noncooperation-Ruling-Against-Sudan-91807509.html

iii. "International Criminal Court Seeks UN Help To Deal With 'Defiant' Sudan," RTTNews, 23 April 2010, http://www.rttnews.com/Content/GeneralNews.aspx?Id=1278751&SM=1

2. ELECTIONS

i. "Sudan: Flawed Elections Underscore Need for Justice: Sudan's President Should Be in The Hague Facing Charges Against Him," Human Rights Watch, Press Release, 26 April 2010, http://www.hrw.org/node/89975

"Political repression and human rights abuses across Sudan - in addition to widespread logistical failures and technical irregularities - marred Sudan's first multi-party elections in more than 20 years, Human Rights Watch said today. Sudanese authorities should urgently investigate the human rights violations and bring those responsible to justice, Human Rights Watch said.

The re-election of President Omar al-Bashir, announced April 26, 2010, has no legal effect on the International Criminal Court charges pending against him, Human Rights Watch said. In March 2009, the court issued an arrest warrant for al-Bashir on charges of war crimes and crimes against humanity for his role in crimes committed in Darfur.

'Our concerns with these elections go beyond technical irregularities,' said Georgette Gagnon, Africa director at Human Rights Watch. 'Political oppression and human rights violations undermined the freedom and fairness of the vote all over Sudan.'
During the national elections, from April 11 through 15, international and domestic election observers reported widespread logistical and administrative problems, irregularities, and allegations of fraud, including multiple-voting and ballot-stuffing. The process was especially chaotic in the south, with serious irregularities reported in most states.

... Human Rights Watch urged Sudanese authorities to immediately investigate human rights abuses and bring those responsible to justice. Human Rights Watch also urged international agencies and elections observers to monitor the post-elections environment closely, as tensions could rise over objections to local results, and to condemn human rights violations, intimidation, and violence. On April 23, clashes over results in Unity State reportedly killed two civilians.

Human Rights Watch also called on the Sudanese government to cooperate with the ICC, as required under United Nations Security Council Resolution 1593.

'Regardless of the outcome, al-Bashir belongs in The Hague responding to the serious charges against him, for which victims have still seen no accountability,' Gagnon said. ..."

ii. ICC looms over Sudan elections," By Mohammed Abdulrahman, Khartoum (RNW), 21 April 2010, http://www.rnw.nl/international-justice/article/icc-looms-over-sudan-elections

"President Omar Hasan al- Bashir, one of the International Criminal Court's most wanted alleged war criminals, is the winner of last week's first open elections held in Sudan in over two decades.

Few people in Sudan dare to openly discuss the ICC's arrest warrant charging Bashir with war crimes and crimes against humanity in Darfur. Nevertheless, the ICC remained a looming shadow throughout the electoral process, which in itself was riddled with fraud accusations.

... President Bashir has repeatedly dismissed the ICC's allegations, dubbing it as a Western conspiracy.

Most opposition parties boycotted the elections before voting started, citing irregularities and saying that the election outcome would be irrelevant. The US this week described the elections as neither free nor fair.

In polling centres and other political venues in the capital of Khartoum last week, supporters of the ruling National Congress Party were the only ones who would mention the issue of the ICC warrant.

Amani Alsaydeh, a young journalist working for a pro-government newspaper, said: 'The false and fabricated accusation of the ICC have only made president Bashir stronger and more popular.'

Some reporting on issues connected with the ICC has trickled through the local media during the elections, something usually not tolerated in normal times. The Akhirlahza daily this week reported on a small town in western Sudan, where six ballot papers were found with hand-scribbled 'to the Hague' written next to Bashir's name, in reference to the ICC premises.

Former presidential mentor Hassan al Turabi, now one of the few outspoken critics of Bashir, this week repeated his call for the president to hand himself over to the ICC.
'Crimes committed in Darfur should not go unaccounted for. Bashir is politically responsible for the crimes in Darfur. He has to face trial and prove himself innocent if he is,' Turabi says.

Former Prime Minister Sadik Almahdi, currently leader of the opposition Umma party, used the ICC issue in his campaign. Almahdi warned that re-electing an internationally 'wanted' president would isolate Sudan on the international fora.

... Darfuri activists and rebel sympathizers have consistently endorsed the ICC claim. However, political parties have largely avoided touching the ICC issue during their campaigns, leaving room for themselves to tackle the issue after the dust of the elections has settled.

As opposition parties maintain relations and exercise influence on Darfur rebel movements, reaching a deal to achieve peace in Darfur is expected to remain complicated. Many observers anticipate that the ICC issue will return to dominate Sudan politics following the formation of the new government in the next few weeks."

iii. "'Victory will not save el-bashir from ICC indictment'-SPLM Leader"', by Chuks Ehrim (National Daily (Khartoum)), 14 April 2010, http://www.nationaldailyngr.com/index.php?option=com_content&view=article&id=1056:victory-will-not-save-el-bashir-from-icc-indictmentsplm-leader&catid=155:africa&Itemid=682

"... But despite of the expected sweeping victory at the election, it is unlikely that el- Bashir would escape trial by the International Criminal Court [ICC] which indicted him of war crimes over the suspected genocide being perpetuated in war-ravaged Darfur, in Western part of Sudan, which allegedly master -minded

This assertion was actually made by Sudan's First Vice-President National leader of the main opposition party in the country, Sudan Peoples Liberation Movement [SPLM], Salva Kiir, in an interview with the British Broadcasting Corporation (BBC).

... Asked if he thinks that the President should face prosecution at the ICC, Kiir said: 'Well, that is the difference, it is not my responsibility. It is the responsibility of the people who indicted him.'..."

Pressed further, he said: ''It is unfortunate that our President was indicted, this is the situation that we are in.'..."

iv. "Activist Farrow attacks US policy on Sudan", AFP, 7 April 2010, http://news.yahoo.com/s/afp/20100407/en_afp/sudandarfurvoteuspeoplefarrow

"US actress and UNICEF envoy Mia Farrow lashed out Wednesday at the 'spectacularly naïve' policy of President Barack Obama's administration on Sudan, days before landmark elections.

... Farrow said that since the withdrawal of opposition candidate Yasser Arman, there was little doubt President Omar al-Beshir -- wanted for alleged war crimes in Darfur since March 2009 -- would be re-elected.

'So it is crucial that international observers, world governments, the African Union and the UN Security Council acknowledge the deeply corrupt voting process that will reinstate President Omar al-Beshir,' she said.

'They should declare publicly that Mr. Beshir, a man indicted by the International Criminal Court for war crimes and crimes against humanity, will rule without a genuine democratic mandate.'..."

v. "Sudan: Multi-Party Elections with Only One Winner", by Rob Crilly (Huffington Post), 8 April 2010, http://www.huffingtonpost.com/rob-crilly/sudan-multi-party-electio_b_530015.html

"... But if the voting procedure is bewilderingly complex then it is already clear that the result will be straightforward: A crushing win for President Omar-al Bashir, Africa's most wanted man.

It wasn't supposed to be like this.

A year ago Bashir's unofficial pariah status was formalised by the International Criminal Court, which indicted him on seven charges of war crimes and crimes against humanity for his role in Darfur. More than two million people are still living in squalid aid camps where they have clung on to life after being bombed and burned from their homes by Bashir's army and air force, or his allies among the Janjaweed - the mounted Arab militias.

Yet the past year has seen Bashir strengthen his grip on power. Minutes after judges in the Hague issued an arrest warrant, the Sudanese president responded by ordering the expulsion of 13 international aid agencies. Western governments and the United Nations cried foul but did nothing as the Sudanese authorities seized millions of pounds of cars, computers and satellite telephones - much of it paid for by international donors.

... On the other hand, the biggest winner is looking like Bashir himself, a man who seized power in a coup and who will use a stolen election to cement his position possibly with a fresh wave of oppression. As an elected leader, he will have a defence against arrest by the International Criminal Court and the confidence to perhaps pursue the conflict in Darfur to its bloody end...."

vi. "West will have to engage Sudan's Bashir after poll', by Andrew Heavens (Reuters), 16 April 2010, http://www.alertnet.org/thenews/newsdesk/MCD633582.htm

"The likely election win of Sudan's president will enrage many disgusted with his Darfur record, but the West will have to find ways to engage with him in the build-up to an even more dangerous vote.

...Many activists have already begun calling on Western powers to distance themselves from the elections, writing them off as a rigged campaign designed to vindicate a coup leader wanted by the International Criminal Court to face charges over war crimes allegedly committed in Darfur.

... Bashir will hold up his election win as a vindication of his rule and a rebuke to the International Criminal Court, particularly if he can show support in the three Darfur states.

... Bashir's critics will have to take comfort in the fact that the election win actually gives him no extra legal immunity against the ICC case..."

vii. "The world must not forget Darfur", by Michael Danby (ABC (Australia)), 22 April 2010, http://www.abc.net.au/unleashed/stories/s2879814.htm

... A particularly horrifying aspect of the Darfur conflict has been the use of rape as a weapon of war by the Sudanese militias. Organisations such as Doctors Without Frontiers have reported seeing thousands of women who have been raped by militia members. Many more are not seen because they have been killed and this problem of gender based violence has become worse since the International Criminal Court charged Bashir. There's no doubt that this is a deliberate tactic - it was also used during the civil wars in the former Yugoslavia, as well as in Chechnya and in Sierra Leone.

... Of course the democratic world, countries like Australia, must maintain the pressure on Sudan. That's why I support the efforts of the International Criminal Court to bring President Bashir to trial for genocide against the people of Darfur, among his many other crimes. It's true of course that he can't be tried while he is still in power. But as Slobodan Milosevic discovered, justice does sometimes catch up with dictators...."

SEE ALSO:

i. "Sudan's Beshir slams world court warrant as he ends campaign," By Jailan Zayan (AFP), 9 April 2010, http://www.google.com/hostednews/afp/article/ALeqM5jIuaWWX_k8BojqnORbJjeOkJS0Vg

ii. "Rights Groups Call on U.S. to Listen to Sudanese Election Observers and Not Legitimize Bashir as Elected President," Enough Project, 19 April 2010, http://allafrica.com/stories/201004191660.html

iii. "Rights Activists Describe Sudanese Elections as Rigged, say U.S. Not Tough Enough", by Joe DeCapua (VOA News), 14 April 2010, http://www1.voanews.com/english/news/africa/east/decapua-sudan-react-14apr10-90849679.html

iv. "For Sudanese dissidents, path to peace is online; Student-led group uses social media to protest lack of fairness in elections and drum up opposition to President," by Geoffrey York (The Globe and Mail), 14 April 2010, http://www.theglobeandmail.com/news/world/for-sudanese-dissidents-path-to-peace-is-social-media/article1533580/

v. "Carter election observer mission says no evidence of fraud in Sudan poll", Sudan Tribune, 13 April 2010, http://www.sudantribune.com/spip.php?article34753

vi. "Sudan: AU and Arab League back election results, by Konye Obaji Ori (Afrik.com), 19 April 2010, http://en.afrik.com/article17381.html

vii. 'Russia says Sudan elections fair by 'African standards''', Sudan Tribune, 19 April 2010, http://www.sudantribune.com/spip.php?article34819

viii. 'South Africa criticizes Sudan's rush to elections at an "inopportune" time', Sudan Tribune, 19 April 2010, http://www.sudantribune.com/spip.php?article34807

ix. 'IGAD Says Sudan Election 'Credible' Despite EU Comments', by Selah Hennessy (VOA News), 19 April 2010, http://www1.voanews.com/english/news/IGAD-Says-Sudan-Election-Credible-91518809.html

x. "South Sudan opposition allege poll fraud", by Skye Wheeler (Reuters), 21 April 2010, http://www.alertnet.org/thenews/newsdesk/LDE63K2KI.htm

xi. "U.S. Support of Elections Draws Criticism", by Mohammed A. Salih (IPS), 5 April 2010, http://www.ipsnews.net/africa/nota.asp?idnews=50924

xii. "Obama Backs Down on Sudan," by Nicholas D. Kristof (New York Times), 21 April 2010, http://www.nytimes.com/2010/04/22/opinion/22kristof.html?src=mv

xiii. "An Election Victory that Widens the North-South Gap", Africa Confidential, 19 April 2010, http://www.africa-confidential.com/article/id/3488/An-election-victory-that-widens-the-North-South-gap

xiv. "Sudan election problems: few enough to be legitimate?, by Scott Baldauf and Alan Boswell (The Christian Science Monitor), http://www.csmonitor.com/World/Africa/2010/0415/Sudan-election-problems-few-enough-to-be-legitimate

xv. "Sudan's elections: No surprises," The Economist online, 27 April 2010, http://www.economist.com/displayStory.cfm?story_id=15996346&source=features_box_main

xvi. "Sudan's election will change little: Despite a peace agreement between the government and rebels, a 'new' Sudan is still as far away as ever," by Harry Verhoeven (guardian.co.uk), 12 April 2010, http://www.guardian.co.uk/commentisfree/2010/apr/12/sudan-election-peace-agreement

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