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Sudan: ICC Visit to Sudan, Panel of Experts List of Suspects, HRW Press Release

28 Feb 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) There have been several reports of an upcoming visit by the ICC to Sudan,
with Reuters recalling comments made by Sudan's Justice Minister in December
2005, noting "The ICC officials have no jurisdiction inside the Sudan or with
regards to Sudanese citizens. [...] They cannot investigate anything on Darfur."
As reported in the Sudanese newspaper, Al-Khartoum, "Justice Minister Muhammad
Ali al-Maradi, told Al-Khartoum that because they had so far not received any
official notification of the visit, he would not discuss the issue."

(2) Sudan on Sunday handed a United Nations envoy a list of security officials
who have been tried over the Darfur conflict, as Khartoum argues that it retains
jurisdiction over such trials. In related news, several top government officials
were named in a confidential annex to a report by the UN Panel of Experts on
Darfur, which was leaked to the press. The Financial Times explains that "The
list does not reflect any judicial findings of guilt, and does not relate to a
separate legal process in the International Criminal Court, which is also
investigating alleged war crimes in Darfur."

(3) Pursuant to the leaked list of the UN Panel of Experts on Darfur, Human
Rights Watch has issued a press release: "The names on the U.N. sanctions list
underscore how top Sudanese officials have been responsible for ongoing
atrocities in Darfur," said Peter Takirambudde, Africa director at Human Rights
Watch. "The Security Council needs to impose sanctions on those responsible for
human rights crimes in Darfur, and the international community should ensure
that they are brought to justice," Takirambudde added.

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. ICC VISIT TO SUDAN

1. Sudan Tribune, "ICC delegation to visit Sudan’s Darfur" - 27 February 2006
http://www.sudantribune.com/article.php3?id_article=14271

"An ICC delegation will be visiting Sudan next week to asses the situation in
lawless Darfur and investigate whether crimes against civilians may have been
committed. Till now, the ICC investigations, on killings, mass rapes and other
atrocities in western Sudan, are conducted outside Sudan. The witness are
interviewed abroad. [...]

But Sudan’s Justice Minister Mohamed al-Mardi told Reuters in an interview on 13
December 2005 that Moreno Ocampo’s investigators would not have any access to
Darfur, where ethnic cleansing has resulted in killings, rape and the uprooting
of 2 million refugees. "The ICC officials have no jurisdiction inside the Sudan
or with regards to Sudanese citizens," he said in Khartoum. "They cannot
investigate anything on Darfur."

Moreno Ocampo also told the council that the International Criminal Court and
the African Union, which has troops in Darfur, had drawn up a cooperation
agreement in May, which still was not signed. He refused to say why. [...]"

2. Al-Khartoum (Sudan), "Sudan 'fed up' with UN envoy Jan Pronk, justice
minister reportedly says" - 26 February 2006
(Link not available)

"Sudan has reiterated its rejection to the trial of any Sudanese citizen
out-side the country.

Meanwhile, regarding reports of a visit by a delegation of the International
Criminal Court to Sudan within the next few days, Justice Minister Muhammad Ali
al-Maradi, told Al-Khartoum that because they had so far not received any
official notification of the visit, he would not discuss the issue.

He further said that reports presented by the UN secretary-general's
representative to Sudan, Jan Pronk, lacked credibility. [...]"

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B. LIST OF SUDANESE TRIALS AND SUSPECTS BY UN PANEL OF EXPERTS

1. Agence France Presse, "Sudan hands UN Darfur suspects list" - 26 February
2006
http://www.sudantribune.com/article.php3?id_article=14276

Sudan on Sunday handed a United Nations envoy a list of security officials who
have been tried over the Darfur conflict, as Khartoum works to convince the
world it is equipped to handle such cases at home. The UN official in charge of
human rights in the Sudan, Sima Samar, was given the list by the head of the
governmental Human Rights Advisory Council (HRAC) Abdel Monim Osman Taha, state
media said.

The UN official "was on Sunday given by HRAC chairman the list of individuals of
the regular services who have been tried for perpetrating crimes connected with
the Darfur conflict," the SUNA news agency reported. There were no details on
who the individuals were or what had been the nature of their trials.

The newly created International Criminal Court (ICC) has told the UN Security
Council it has enough evidence of killing, rape and destruction in the
war-ravaged region to warrant bringing suspects to trial. But the Sudanese
government established its own special court in June to try Darfur criminals and
has vehemently maintained its right to handle the case domestically. [...]"

2. Financial Times, "Sudan ministers named in leaked UN Darfur list" - 22
February 2006
https://registration.ft.com/registration/barrier?referer=http://news.google.com/
news?hl=en&tab=wn&ie=UTF-8&q=Sudan+ministers+named+in+leaked+UN+Darfur+list&loca
tion=http%3A//news.ft.com/cms/s/c5991f38-a347-11da-ba72-0000779e2340.html

"Sudan's interior minister, defence minister and the director of its national
intelligence service, are named in a confidential list of individuals who could
be considered for sanctions by the UN Security Council over their alleged role
in the conflict in Darfur. [...]

The list does not reflect any judicial findings of guilt, and does not relate to
a separate legal process in the International Criminal Court, which is also
investigating alleged war crimes in Darfur. [...]"

**********************************************
C. MEMBERS' PRESS STATEMENTS

1. Human Rights Watch, Press Release, "Leaked Names Highlight Sudan’s Failure to
Protect: Strong U.N. Force, Sanctions Needed to Combat Continuing Attacks in
Darfur" - 26 February 2006
http://hrw.org/english/docs/2006/02/25/sudan12722.htm

"The names of high-level Sudanese officials identified for their involvement in
gross human rights abuses on a leaked U.N. sanctions list underscore Sudan’s
manifest failure to protect civilians in Darfur, Human Rights Watch said today.
The U.N. Security Council must approve a strong U.N. civilian protection force
for Darfur and impose sanctions on individuals responsible for grave human
rights abuses.

On Monday, the Security Council is scheduled to consider the report of its Panel
of Experts on Darfur, including the report’s confidential annex, which was
leaked to the press in mid-February. [...]

“The names on the U.N. sanctions list underscore how top Sudanese officials have
been responsible for ongoing atrocities in Darfur,” said Peter Takirambudde,
Africa director at Human Rights Watch. “Since Khartoum will do nothing to
protect them, civilians in Darfur urgently need a U.N. force with a strong
mandate and the capacity for protection.”

Among the names listed in the confidential annex are Sudanese Defense Minister
Major General Abdel Rahim Mohammed Hussein, and National Security Director Salah
Abdalla (known as “Gosh”). In a report released in December, Human Rights Watch
outlined why the International Criminal Court should investigate both of these
officials and others for their role in coordinating the atrocities in Darfur. In
addition, the annex listed several Sudanese military and police commanders, two
Janjaweed militia leaders and five rebel commanders.

“The Security Council needs to impose sanctions on those responsible for human
rights crimes in Darfur, and the international community should ensure that they
are brought to justice,” Takirambudde said. [...]

The Panel of Experts designated a total of 17 individuals for sanctions and five
others to be considered for possible future designation. Among the five listed
for future action are two top commanders of the rebel Sudan Liberation Army
(SLA) who may be considered for sanctions if their ongoing leadership struggles
impede the peace process. They were also cited for various human rights abuses,
including using child soldiers and summary executions of captured combatants.

The Panel of Experts noted multiple violations in each of the three factual
areas it was asked to examine: the movement of arms into Darfur and offensive
military overflights, impeding the peace process, and violating international
humanitarian or human rights law. [...]"

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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
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legal and other support on investigations, or develop partnerships with local
and other organizations in the course of their efforts.

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