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Darfur: CICC Member NGOs reacting to Al-Bashir s travel to Chad and Related News

22 July 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 press releases issued by CICC Member NGOs reacting to al-Bashir's travel to Chad (I), a Statement by the spokesperson of the EU High Representative of the Union for Foreign Affairs and Security Policy Catherine Ashton and by Philip J. Crowley, Assistant Secretary at the US Department of State (II) and related news coverage (III).

Read related CICC Members Media Statements: www.coalitionfortheicc.org/?mod=darfur#20

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.

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. NGO MEDIA STATEMENTS

i. "Chad Must Arrest Omar Al-Bashir!" Joint FIDH/ LTDH/ ATPDH Press Release, 22 July 2010, http://www.fidh.org/Chad-must-arrest-Omar-Al-Bashir

"FIDH and its member organisations in Chad, Ligue tchadienne des droits de l'Homme (LTDH) and Association tchadienne pour la promotion et la défense des droits de l'Homme (ATPDH) deeply regret that President Idriss Deby has invited an international crimes suspect to come to Chad. Upon arrival of President Al-Bashir -who is sought by the International Criminal Court (ICC)- in Ndjamena, our organisations urge the Chadian government to immediately arrest and surrender him to the ICC.

'Omar Al-Bashir is targeted by two ICC arrest warrants. Chad, which has ratified the ICC Statute and has publicly pledged to cooperate with the Court, is under the obligation to arrest and send him off to The Hague. The recent regularisation of relations with Sudan does in no way allow Chad to disregard its international obligations', said Souhayr Belhassen, FIDH President.

The ICC issued two arrest warrants against the Sudanese President: the first one in March 2009 for crimes against humanity and war crimes, the second one in July 2010 for the crime of genocide. His involvement in thousands of murders, acts of rape and torture, and the forced displacement of the population of Darfur, is in question.

Our organisations recall that States Parties to the ICC Statute, including Chad, are under the obligation to cooperate with the ICC, including by executing the arrest warrants issued by the Court.

This is the first time that Al-Bashir visits the territory of an ICC State Party since the issuance of arrest warrants. If Chad does not execute the arrest warrants, it would associate itself with the acts undertaken by the Sudanese regime.

Relations between Chad and Sudan have regularised in recent months after years of rivalry. However neither the warming up of relations between the two countries nor the resolutions of the African Union (AU) or the recent statements of the President of the AU Commission minimising the importance of the international commitment to fight impunity, allow Chad to disregard its international obligations. Our organisations take this opportunity to call upon the African Union gathered at its 15th Ordinary Summit in Kampala (Uganda) until 27 July, to put an end to any campaign against the ICC, respect the independence of the Judiciary, support African states that have referred situations to the Court and meet the expectations of African victims."

ii. "Chad Must Arrest Sudanese President Omar Al-Bashir During Visit," Amnesty International Press Release, 21 July 2010, http://www.amnesty.org/en/news-and-updates/chad-must-arrest-sudanese-president-omar-al-bashir-during-visit-2010-07-21

"Amnesty International has called on the Chadian authorities to arrest wanted Sudanese President Omar al-Bashir and surrender him to the International Criminal Court, after it was reported that he arrived in Chad on Wednesday to attend a meeting of regional leaders.

'Chad should not shield President al-Bashir from international justice', said Christopher Hall, Amnesty International's senior legal advisor. 'His visit to Chad is an opportunity to enforce the arrest warrant and send a message that justice will prevail.'

An arrest warrant for President Omar al Bashir was issued by the ICC on charges of genocide, crimes against humanity and war crimes.

If it were not to arrest him, Chad would violate its obligations under the Rome Statute of the International Criminal Court, which it ratified in November 2006.

President al-Bashir has arrived in Chad to take part in a meeting of leaders and heads of state of the Community of Sahel-Saharan States (CEN-SAD), which will start in Chad on Thursday 22 July 2010.

Amnesty International has called on all members of the international community to ensure full accountability for crimes under international law committed in Sudan."

iii. "International Justice Day- 17 July 2010: World Celebrates 12th Anniversary Of New Global System To End Impunity," UCICC/HURINET-Uganda Press Release, 16 July 2010, http://drop.io/cc6o237

"...Remembering the just concluded Review Conference of the ICC, we call upon States
Parties to the Rome statute to operationalise and honour the declarations, pledges and commitments made during the conference. Referring to Review Conference Decl. 2 on state cooperation, we stress the importance of effective and comprehensive cooperation by States.

We are therefore disturbed by the recent media1 reports indicating, that the Government of Uganda has invited President Omar Al-Bashir to attend the African Union summit slated for 19th to 27th July 2010 in Kampala. HURINET-U and the UCICC would like to remind the Government of Uganda that she has obligations as;

1) A member of the UN Security Council (which Security Council passed a resolution referring the situation in Darfur, Sudan to the ICC);

2) A State party to the Rome Statute (Is presently seeking cooperation from other States to apprehend the indicted LRA Commanders);

3) A State Party that had the mandate from 110 other States to host the just concluded 2010 ICC Review Conference; and

4) A State party that re-affirmed the Integrity of the Rome Statute at the AU Addis Ababa Meeting of the 30 African members of the Court between the 8th -9th June 2009, to, unequivocally disassociate herself with the resolution not to cooperate with ICC and arrest and surrender Omar Al Bashir upon citing him on the Ugandan territory.

Moreover, the Pre-trial chamber 1 of the International Criminal Court on 12th July, 2010 issued a second arrest warrant against President Omar Al Bahir of the Republic of Sudan on Charges of genocide.

Therefore on the occasion of the International Justice Day, we wish to urge the Government of Uganda to emulate the government of Botswana for its firm position on its commitment to the ICC, and the state parties to fully cooperate with the Court. It is only then that we can genuinely say the era of impunity is over."

II. OTHER STATEMENTS

i. "Statement by the spokesperson of the High Representative of the Union for Foreign Affairs and Security Policy Catherine Ashton on Al-Bashir," 22 July 2010, http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/EN/foraff/115899.pdf

"The spokesperson of High Representative of the Union for Foreign Affairs and Security Policy/Vice President of the Commission Catherine Ashton issued the following statement today:

HR/VP is concerned by the visit of President Omar Al-Bashir to Chad, a State party to the Rome Statute of the International Criminal Court (ICC).

She firmly recalls the importance of all Member States of the United Nations abiding by and implementing the resolutions adopted by the Security Council under Chapter VII of the UN Charter, in this case, UNSCR 1593(2005). She urges Chad to respect its obligations under international law to arrest and surrender those indicted by the ICC.

The European Union is a staunch supporter of the ICC and the fight against impunity. The most serious crimes of concern to the international community as a whole: genocide, crimes against humanity and war crimes, must not go unpunished and their prosecution must be ensured by measures at both domestic and international level."

ii. "Africa: Daily Press Briefing," US Department of State. Philip J. Crowley - 21 July 2010
http://www.state.gov/r/pa/prs/dpb/2010/07/144993.htm

"QUESTION: President Bashir of Sudan paid a visit to Chad today. Chad is a signatory state for the ICC. He apparently wasn't arrested. Is there a sense of disappointment in the United States that he wasn't?

MR. CROWLEY: Well, Chad is a party to the Rome Statute and has obligations as a result. We'll leave it to the Government of Chad to explain why it did or did not take actions in - related to those obligations. We strongly support international efforts to bring those responsible for genocide and war crimes in Darfur to justice. We believe that there cannot be a lasting peace in Darfur or stability in Sudan without accountability and justice. And we will continue to call upon Sudan and other parties to cooperate fully with the International Criminal Court. As we've said many times, ultimately President Bashir must present himself to the court and answer the charges that have been leveled against him.

QUESTION: Did you raise - did he raise this issue with the Chadian Government?

MR. CROWLEY: I don't know.

QUESTION: And you said we'll leave it --

MR. CROWLEY: Well, I mean, it just happened today so --

QUESTION: Yeah, no, I know. But - if you really want the guy arrested, you might have told him today, which is why I asked.

MR. CROWLEY: Okay. I'll take the question whether we've had a conversation with Chad. Or if not yet, if we plan to have one.

QUESTION: And then related to that, you said, we'll leave it to the Chadian authorities to explain actions they took or did not take. Does that mean you're unhappy at the fact that he wasn't arrested or you're - it's fine with you that he wasn't arrested? I mean, it's up to them to explain what they did or didn't do, which is a reasonable position to adopt. But I don't understand whether you're happy or not about his continuing freedom.

MR. CROWLEY: I'm not going to characterize our mood."

II. NEWS ARTICLES

i. "Bashir warrant: Chad accuses ICC of anti-African bias," BBC, 22 July 2010, http://www.bbc.co.uk/news/world-africa-10723869

"Chad's ambassador to the US told the BBC that justice suffers if it is unfair. The ICC accuses Mr Bashir of war crimes and genocide - which he denies.

Chad is the first ICC signatory Mr Bashir has visited since he was indicted in 2009.
All of the five cases the ICC is currently dealing with are in Africa but The Hague-based court says it is up to member states to refer cases for it to investigate.

It was set up to prosecute war crimes, crimes against humanity and genocide.

The ICC's chief prosecutor rejects the accusation of bias against Africa, saying not only are the worst crimes being committed in the continent, but the victims are also African.

The African Union and the Arab League have always opposed the ICC's decision to issue the arrest warrants issued over the conflict in Darfur.

Chad's ambassador Ahmat Mahamat Bachir said it was merely following the AU's lead, despite a storm of protest from human rights groups.

'We are with the rule of law and everybody has to pay for his mistakes and for any crime he commits but when it will be selectively and targeting only African leaders it should not be accepted,' he told the BBC's World Today programme.

He said there were many other leaders who deserved to be treated in the same way as Mr Bashir but he declined to name them. (...)

Mr Bashir is in Chad for a summit of the regional bloc, Community of Sahel-Saharan States (Censad).

Chad and Sudan have previously been accused of fighting proxy wars through rebel groups in the other country and Chad's ambassador said the international community had urged the two countries to improve relations in order to bring peace to Darfur.

'When you normalise [relations] with a country, you are not going to arrest the head of state,' he said.

An ICC spokesman said Chad was obliged to implement its judges' decisions and co-operate with the request for Mr Bashir to be arrested."

ii. "Chad refuses to arrest Omar al-Bashir on genocide charges," by Xan Rice (Guardian - UK), 22 July 2010, http://www.guardian.co.uk/world/2010/jul/22/chad-refuses-arrest-omar-al-bashir

"Sudan's president, Omar al-Bashir, is in Chad on his first visit to a member state of the International Criminal Court, which last week issued a second warrant for his arrest on charges of genocide. Member states are legally obliged to arrest fugitives on their soil but Chad has refused.

Bashir arrived in N'djamena yesterday evening to attend a meeting of leaders of the Community of Sahel-Saharan States that is being held today.

Since the ICC first issued a warrant for his arrest in March 2009 for alleged war crimes in Darfur, Bashir has drastically cut his international travel, only visiting nearby states that have not signed up to the Hague-based court.

Ahead of the meeting, international human rights groups had called on Chad, which borders Sudan, to arrest Bashir. But this was always going to be unlikely, given the complicated history between the countries - and indeed their mutual role in the Darfur conflict.

Bashir was met at the airport in the Chadian capital by President Idriss Deby, and given a symbolic key to the city.

'We are not obliged to arrest Omar Hassan al-Bashir,' Ahmat Mahamat Bachir, Chad's interior and security minister, told Reuters. 'Bashir is a sitting president. I have never seen a sitting president arrested on his travels by the host country.'

Chad's decision highlights the difficulty faced by the ICC in bringing Bashir to trial. All the court's arrest warrants to date - relating to Uganda, Central African Republic and Democratic Republic of Congo and Sudan - concern Africa, which has led to a perception in some parts of the continent that it is being unfairly targeted. The African Union itself has urged its members not to arrest Bashir.

But the ICC points out that in the first three cases the respective African governments requested its intervention, and only with Sudan, which is not a member of the court, was the matter referred by the UN Security Council. Yesterday a court spokesman stressed that, as a member state, Chad was under a legal obligation to arrest Bashir..."

iii. "Beshir attends Chad summit as row rages over welcome," Ali Abba Kaya et Martin Zoutane Daba (AFP), 22 July 2010, http://www.google.com/hostednews/afp/article/ALeqM5jRH-RTu-LU38KFC2Kii_PKXKEnkg

"An international row raged on Thursday over the presence of genocide accused President Omar al-Beshir of Sudan as he took his place among African leaders at a regional summit here.

In Brussels, EU foreign affairs chief Catherine Ashton urged Chad to arrest Beshir and hand him over to the International Criminal Court to face genocide and war crimes charges.

Ashton "urges Chad to respect its obligations under international law to arrest and surrender those indicted by the ICC," her office said.
She reminded Chad it was a signatory of the Rome Statute, the founding document of the ICC, obliging it to arrest any person on its territory wanted by the court.

Beshir arrived in Ndjamena on Wednesday for a summit of the Community of Sahel-Saharan (CEN-SAD) states and joined Libyan leader Mouamar Kadhafi, Chadian President Idriss Deby Itno and 10 other African heads of state in a giant tent erected for the gathering.

The government of Chad has insisted it will not arrest the Sudanese leader, with whom it is engaged in a bid to repair deeply strained diplomatic ties after years of proxy warfare..."

iv. "Chad rolls red carpet for Sudanese president, says Bashir is safe from arrest," Sudan Tribune, 22 July 2010, http://www.sudantribune.com/spip.php?article35732

"...Omar al-Bashir was invited to the summit in his capacity as president of a CEN-SAD member and he has nothing to worry about," said Chad's Foreign Minister Moussa Faki Mahamat.

Mahamat said Chad was following the position of the African Union in allowing Bashir to visit, a position agreed by the regional body after the initial ICC warrant was issued.

'Everybody is working for the resolution of the Darfur crisis. It is not the moment to add other charges to complicate the situation. Our priority is peace in Sudan,' Mahamat said.

The AU resolution pushed by the host Libya last year states that none of the countries in the continent shall cooperate with the ICC in arresting Bashir. Several countries including Chad said they will not abide by it because they were not given a chance to express their reservations.

The ICC issued its second arrest warrant al-Bashir just last week adding three new counts of genocide to the already existing charges of war crimes and crimes against humanity.
The interior minister stressed that his country is under no obligation to nab Bashir and extradite him to The Hague.

'What country has ever arrested a sitting head of state? Bashir won't be arrested in Chad,' Interior Minister Ahmat Mahamat Bachir told Agence France Presse (AFP).

'Chad is a sovereign and independent state.... We are not dependent on the injunctions of international organizations' he added. (...)

AFP reported that neither the French ambassador in Chad nor the US charge d'Affaires took part in the welcoming reception for Bashir at Ndjamena airport, although they were present for the earlier arrivals of the Somali and Comorian leaders. (...)

The United Nations Secretary General Ban Ki-moon said through a spokesman that it was up to countries that are party to the court "to live up to their obligations as they see fit."

'Of course he said repeatedly that... there are charges that have been put forward by the prosecutor for the International Criminal Court and these charges are very serious,' Ban's spokesman, Martin Nesirky, said Wednesday..."

v. "Darfur Jem rebels sign deal to stop child soldiers," BBC, 22 July 2010, http://www.bbc.co.uk/news/world-africa-10710315

"The Justice and Equality Movement (Jem) told the BBC it had been trying to protect children since the beginning of the seven-year conflict in Darfur.

The UN said children found in military areas or in conflict zones could be removed under the deal.

An estimated 6,000 children have been involved in fighting in Darfur.

The BBC's Imogen Foulkes in Geneva says the UN children's organisation Unicef has hailed the agreement, which took more than a year to negotiate, as a very valuable precedent which it hopes other rebel groups would follow.

Jem leaders, who travelled to Geneva for the signing, said the movement had no child soldiers but agreed to it as a gesture of goodwill.

'Jem has no child soldiers actually in its forces at all - and now Unicef has full access to our camps to verify,' Jem spokesman Ahmed Hussain Adam told the BBC's Network Africa programme.

Fighting intensified in Darfur in May after Jem pulled out of peace talks with the government, accusing it of acting in bad faith..."

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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:

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Mariana Rodríguez- Pareja
Media Strategist- Communications Manager