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Darfur: CICC Members Reactions to al-Bashir’s inauguration; UNSG on inauguration; EP Conclusions on Sudan; Related News

26 May 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 public statements by the International Federation for Human Rights (FIDH), Human Rights Watch and No Peace Without Justice calling on governments that are committed to justice not to attend the presidential inauguration of Omar al-Bashir (I); excerpts from a press conference by UN Secretary General Ban Ki-moon explaining that he would not attend the inauguration but confirming the attendance of two UN high-level officials (II); excerpts from the conclusions of the European Council on Sudan (III); and related media articles (IV).

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. CICC MEMBER NGOS REACT TO AL-BASHIR’S INAUGURATION ON MAY 27

i. “Sudan: ICC States Parties should not attend the inauguration of President Al-Bashir,” No Peace Without Justice, 25 May 2010, http://www.coalitionfortheicc.org/documents/NPWJ_PR_Inauguration_AlBashir_25May2010.pdf

“Statement by Alison Smith, Legal Counsel of No Peace Without Justice:

‘ICC States Parties should not even think of being represented at the inauguration festivities for President Bashir – they should instead see it as an opportunity to show their support for the ICC by publicly announcing their intention to boycott the event.’

‘Any State that values democratic principles should think twice about being seen to celebrate the outcome of an election that by all accounts was neither transparent nor fair, and which legitimised the return to power of a government that has ruled for two decades by corruption and violence against its civilian population. But given that President Al-Bashir is wanted by the ICC on charges of war crimes and crimes against humanity in Darfur, ICC State Parties should be particularly determined to distance themselves’.

‘The timing of the inauguration is particularly pertinent since the same States Parties will gather in Kampala just a few days later to negotiate certain amendments to the ICC’s Rome Statute, particularly the possible inclusion of the crime of aggression in the jurisdiction of the Court, and to evaluate the current status of international criminal justice. What kind of message would it send for States to celebrate the continued hold on power by a leader who has openly defied the ICC, then to gather just a few days, in a neighbouring country, to celebrate the progress of the ICC system?’

‘No Peace Without Justice and the Transnational Nonviolent Radical Party call upon all ICC States Parties openly and publicly to state their intention not to attend the inauguration of President Al-Bashir and to use the occasion instead as an opportunity to restate their support of the ICC; to urge the Sudanese authorities to cooperate with the Court; and to encourage President Al-Bashir and the two other suspects wanted in the Darfur case to face the charges levelled against them’…..”

ii.   “Sudan: Bashir Inauguration Should Be No-Go Zone,” Human Rights Watch, 20 May 2010, http://www.hrw.org/en/news/2010/05/20/sudan-bashir-inauguration-should-be-no-go-zone

“Governments that are committed to justice for atrocities committed in Darfur should not attend the inauguration of President Omar al-Bashir of Sudan on May 27, 2010, Human Rights Watch said in a letter released today.  This includes the 111 states that are parties to the International Criminal Court (ICC), as well as the United States and other members of the United Nations Security Council, which referred Darfur to the ICC in 2005.

President al-Bashir is subject to an arrest warrant issued by the ICC in March 2009 on charges of war crimes and crimes against humanity for atrocities committed in Darfur. Sudan has consistently obstructed cooperation with the ICC's investigations and prosecutions for crimes in Darfur.

‘Al-Bashir is a fugitive from justice who should be arrested, not feted.’ said Elise Keppler, International Justice Program senior counsel at Human Rights Watch. ‘Attendance at al-Bashir's inauguration would send a terrible message to victims in Darfur, and globally.’

ICC states parties are obligated to cooperate with the court under the Rome Statute, which created the ICC, and they should demonstrate support for its work, Human Rights Watch said. UN guidelines, which limit contact by UN representatives with persons wanted by international criminal courts to essential contacts, state that attendance at "any ceremonial or similar occasion" should be avoided.

Attendance at the inauguration would be particularly unfortunate in the lead-up to the first review conference of the ICC's Rome Statute, which will take place in Kampala, Uganda from May 31 to June 11. The review conference will be a moment of significant attention to the court's work and an important time to showcase state party dedication to the cause of international justice, Human Rights Watch said.

‘Diplomats attending al-Bashir's inaugural would be making a mockery of their governments' support for international justice,’ Keppler said….”

iii. “FIDH open letter to French Minister of Foreign Affairs on attending to al-Bashir ceremony,” FIDH, 21 May 2010, http://www.fidh.org/Lettre-ouverte-a-Bernard-Kouchner-Ministre-des

“Our organizations are deeply concerned by reports that France considers the possibility to be represented at the inauguration of Sudanese President Omar Hassan al-Bashir on May 27.

Our organizations believe that France - or any other state - should follow the UN guidelines that limit contact with persons for whom an arrest warrant was issued by an international criminal court. Under these guidelines, ‘the presence of UN representatives in any ceremony or similar event with individuals [within the scope of a warrant of arrest of an international criminal court] should be avoided.’

We therefore ask specifically that on this occasion France is unequivocally committed to reaffirm its commitment to international justice and to respect the implementation of ICC decisions in order to fight against the impunity which alleged authors of violations of human rights benefit from. We ask that you avoid any diplomatic representation at the ceremony, and send clear instructions to that effect to the embassy in Khartoum…”

[Informal Translation by the CICC Secretariat]

SEE ALSO:

iv.    “Letter to EU Foreign Ministers on the Presidential Inauguration of Omar al-Bashir,” Human Rights Watch, 20 May 2010, http://www.coalitionfortheicc.org/documents/Bashir_Inauguration_05_20_10_-_EU_states_parties_final.pdf

v. “Letter To Foreign Ministers of ICC States Parties on President Bashir’s Inauguration,” Human Rights Watch, 20 May 2010, http://www.coalitionfortheicc.org/documents/Bashir_Inauguration_05_20_10_-_all_states_parties_final.pdf

II. PRESS CONFERENCE BY UNSG BAN KI-MOON ON MAY 24 – EXCERPTS

“U.N. SECRETARY-GENERAL BAN KI-MOON'S- PRESS CONFERENCE at the UN Headquarters in New York,” 24 May2010, http://www.un.org/News/ossg/hilites/hilites_arch_view.asp?HighID=1635

“...Q:  It has been announced that you are going to send your two top UN officials in Sudan to attend the inauguration of the President.  As we understood it in the past, the UN policy was to avoid ceremonial meetings with people wanted by the ICC.  So did the UN policy on this change? Can you explain to us what is the new policy?  And what do you say to the charge that it sends the wrong signal to the victims?

SG:  As you know, we have two missions – UNMIS [UN Mission in Sudan] and UNAMID [African Union/United Nations Hybrid operation in Darfur].  They are very important peacekeeping missions in Sudan.  They are mandated by the Security Council to support the implementation of the Comprehensive Peace Agreement [CPA] and further efforts towards peace in Darfur.

These are very important missions, and for operational purposes, the SRSGs [Special Representatives of the Secretary-General] in UNMIS and UNAMID have been meeting with Sudanese Government officials. This is what they have been doing, and they will have to continue to do.  We have a critical mission, for the peace and stability of this, and including the implementation of the CPA, which will have very, very important consequences in next July’s referendum.  This is not more than that.  What they are doing is not more than that, they are doing exactly within the framework of their mandate.

Q:  Can you tell us though, are you saying that they need to have contacts for operational reasons, which is fine, it’s been done in the past. But this is a ceremonial meeting - it’s not an operational, work-related meeting, so what is the policy towards people that are wanted by the ICC?  Can you meet with them the same way you would do with any other official?

SG:  You may say that it is ceremonial, but it is part of a very important political event for the Sudanese people.  They have elected President [Omar] Bashir as their President.  You cannot say this is only ceremonial, nothing to do with political implications.  They are there, mandated by the Security Council, and appointed by me, and for UNAMID, appointed jointly by me and the African Union – he [Mr. Gambari] is a joint Special Representative.  So I think this should be regarded as part of their very serious official critical mission, not more than that. ...”

III. EUROPEAN COUNCIL CONCLUSIONS ON SUDAN – EXCERPTS

i. “Council conclusions on Sudan, 3009th FOREIGN AFFAIRS Council meeting”, Relief Web/ European Union, 26 April 2010, http://www.reliefweb.int/rw/rwb.nsf/db900SID/MDCS-84VHFM?OpenDocument

“The Council adopted the following conclusions: …

9. The Council recalls that impunity for the most serious crimes under international law can never be accepted. The Council reiterates its support for the International Criminal Court (ICC) and calls upon the GoS to cooperate fully with the ICC in accordance with its obligations under international law.”

IV. LATESTS NEWS ARTICLES

(1) ATTENDANCE TO AL-BASHIR’S INAUGURATION

i.    ”Top U.N. officials in Sudan to go to Bashir ceremony,” Reuters, 21 May 2010,
http://us.mobile.reuters.com/mobile/m/AnyArticle/p.rdt?URL=http://www.reuters.com/article/idUSTRE64K65P20100521

“The United Nations is sending its two top officials in Sudan to the inauguration next week of President Omar Hassan al-Bashir, the target of an international arrest warrant, a U.N. spokeswoman said on Friday. Bashir, the subject of an arrest warrant issued in March 2009 by the Hague-based International Criminal Court (ICC) on suspicion of war crimes in Sudan's Darfur region, was elected president last month in a vote marred by charges of fraud.

Haile Menkerios, head of the U.N. Mission in Sudan, and Ibrahim Gambari, joint head of the African Union/U.N. Mission in Darfur, will attend the May 27 ceremony, spokeswoman Marie Okabe told reporters.The United Nations says its leadership is under legal advice to keep contacts with Bashir to a minimum because of the arrest warrant. … Another U.N. official, who asked not to be identified by name, said the two men were attending the inauguration as a ‘diplomatic courtesy.’

In letters sent this week to the 111 countries that are parties to the ICC statute and to the United States, which is not a party, New York-based Human Rights Watch said they should not attend events with Bashir "unless absolutely essential."

ii. “UN officials to attend inauguration of Bashir,” Gulf News, 23 May 2010
http://www.gulf-times.com/site/topics/article.asp?cu_no=2&item_no=363294&version=1&template_id=37&parent_id=17

“UN officials will attend the inauguration of Sudan’s President Omar Hassan al-Bashir next week even though he is wanted by the International Criminal Court (ICC) for alleged war crimes, a UN spokesperson said. “Attending will be the secretary general’s (Ban Ki-moon) special representatives in Sudan, Ha´le Menkerios and Ibrahim Gambari (head of the joint UN-African Union mission in Darfur),” UN deputy spokesperson Marie Okabe said on Friday. As the senior UN officials on the ground, she added, Menkerios and Gambari ‘interact with the host government regularly on operational issues to ensure that their missions are able to function effectively and to address areas of mutual concern’….”

iii. “Ban defends decision authorizing U.N. officials to attend Bashir’s inauguration,” Sudan Tribune, 25 May 2010
http://www.sudantribune.com/spip.php?article35185

“The Secretary General of the United Nations Ban Ki-Moon today defended the presence of his two top representatives in Sudan at the inauguration of president Omer Hassan Al-Bashir next Thursday saying that people should not misinterpret the move. Haile Menkerios, head of the U.N. Mission in Sudan (UNMIS), and Ibrahim Gambari, joint head of the African Union/U.N. Mission in Darfur (UNAMID), are scheduled to attend the ceremony according to U.N. spokesperson last week….”

(2) OTHER NEWS AND OPINIONS

i. “Sudan to participate in France-Africa summit next May”, Sudan Tribune, 28 April 2010, http://www.sudantribune.com/spip.php?article34929

“The Sudanese government intends to send a high level delegation to France to take part in the France-Africa summit that will take place next month at the Riviera city of Nice. The pro-government Akhir Lahza newspaper quoted sources as saying that Sudanese presidency will work on picking the members of the delegation to the summit, saying they expect the delegation to be led by 2nd Vice President Ali Osman Taha and Presidential Advisor Ghazi Salah al-Deen Al-Attabani.

… Last December, the Egyptian government canceled its hosting of the same summit after failing to settle the dispute with Paris over the attendance of Bashir who is wanted by the International Criminal Court (ICC) for alleged war crimes committed in Darfur.Cairo and Paris agreed to move the summit venue to France which would effectively mean that Bashir will stay away for fear of being arrested on the territory of an ICC state party…”

ii. “Wanted, Sudan’s President Can’t Escape Isolation”, by Marlise Simons (New York Times), 1 May 2010, http://www.nytimes.com/2010/05/02/world/africa/02sudan.html

“On the international summit circuit, no one can clear a room more quickly than Sudan’s president, Omar Hassan al-Bashir. Leaders have maneuvered to stay out of photographs with him, dashed away from an official lunch to avoid sitting next to him and gone as far as canceling an entire international meeting to keep Mr. Bashir at bay.

The evasions are all part of the diplomatic dance that began a year ago when the International Criminal Court in The Hague issued a global arrest warrant for Mr. Bashir, citing charges of war crimes and crimes against humanity, for his role in the bloodshed in the western Darfur region of Sudan. The warrant, scoffed at by the Sudanese president, has also set off private and not-so-private scoffing at the suspect in various capitals.

… ’We haven’t had the usual ‘what happens now’ questions from diplomats,” said Béatrice Le Fraper, a close adviser to the prosecutor at the court in The Hague, noting that while there had been many questions about the arrest warrant in the past, no one was asking how the elections would affect the arrest warrant.

’There is a change,’ she said. ’Governments realize that the political process does not affect the legal process now under way.’ …”

iii. “Obama Ignores Sudan's Genocide: African hopes are fading as the U.S. lets President Omar al-Bashir escape justice,” OP-ED by MIA FARROW (The Wall Street Journal), 25 May 2010, http://online.wsj.com/article/SB10001424052748704113504575264273090491244.html?mod=WSJ_Opinion_LEFTTopOpinion – Excerpts

““Last week U.S. Special Envoy to Sudan Scott Gration told the Senate Foreign Relations Committee that although he remains supportive of ‘international efforts’ to bring Sudanese President Omar al-Bashir to justice, the Obama administration is also pursuing ‘locally owned accountability and reconciliation mechanisms in light of the recommendations made by the African Union's high-level panel on Darfur.’

Mr. Bashir is indicted by the International Criminal Court (ICC) for war crimes and crimes against humanity …

… For seven years, the people of Darfur have been pleading for protection and for justice. They do not believe either peace or justice can come while Mr. Bashir—orchestrator of their suffering—remains president of Sudan. Nor do they believe ‘locally owned accountability’ is remotely possible under the current regime.

When Barack Obama was elected president of the United States, hope abounded, even in Darfur's bleak refugee camps. Darfuris believed this son of Africa could understand their suffering, end the violence that has taken so much from them, and bring Mr. Bashir to justice. The refugees hoped that ‘Yes we can’ was meant for them too. They believed President Obama would bring peace and protection to Darfur and would settle for nothing less than true justice.

I have held new babies named Obama and watched as Darfuris began to dream again. … Such hopes did not last long.

Nearly three million souls are still waiting in wretched camps across Darfur and eastern Chad. Sudanese government bombs are still falling, murderers and rapists still roam free, and the refugees have not felt safe for a very long time. United Nations Secretary General Ban Ki-Moon has expressed concern over increasing levels of violence in Darfur.

… It is past time for us to step up and accept our moral obligation to protect a defenseless people. The American people should urge Mr. Gration and the Obama administration to lead a diplomatic offensive to convince the world to isolate Mr. Bashir as a fugitive from justice, and to wholeheartedly support the only body offering Darfur's people a measure of authentic justice: the International Criminal Court.”


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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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