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Darfur: Information on the Recent UN High-Level Meeting on Sudan and Related Topics

11 Oct 2010

Dear all,

Please find below information about recent developments related to the International Criminal Court's investigation in Darfur, Sudan in light of the recent United Nations High-Level Meeting on Sudan, the UN Security Council delegates' visit to Sudan, the upcoming referendum on Southern Sudan's independence, and other related topics.

This message includes the latest press statements and documents issued by the International Criminal Court (ICC) (I) and the Coalition for the ICC (II) as well as other related news and opinions (III) and audiovisual materials (IV).

Please also take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the Coalition 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. ICC - OTP PRESS WEEKLY UPDATE

Note: This document has been produced by the ICC. The CICC Secretariat distributes it as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. The document does not reflect the views of the CICC as a whole or its individual members.

1. "This Week's Highlight: High-Level Meeting at the UN on Sudan", ICC OTP Weekly update, 27 September 2010, http://www.icc-cpi.int/NR/rdonlyres/2246EBC5-0F54-46E4-AB58-DF6E38B1FC14/282503/WBENG.pdf

"The high-level meeting on Sudan held at the United Nations Headquarters included in its Communiqué references to justice in Darfur and to the 'relevant Security Council resolutions' that include UNSC Resolution 1593 (2005), which referred the situation in Darfur to the International Criminal Court.

The Communiqué did not mention any possibility of a deferral of the case against President Al Bashir, as requested by the African Union. In the pursuit of its mandate, the Office will insist on the need for the implementation of the arrest warrants issued by the Court against President Al Bashir for genocide, crimes against humanity and war crimes and against Ahmad Harun and Aly Kushayb for crimes against humanity and war crimes. Additionally, the Office will present its evidence during the confirmation hearing in the case of Darfur rebel leaders Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus, scheduled for 22 November.

The Office's mandate also includes the respect for genuine national proceedings. The Communiqué stated that 'Participants welcomed commitments by the Government of Sudan to end impunity, bring all perpetrators of crimes to justice and protect civilians in Darfur, and reiterated the international community's readiness to work with the Government to effectively implement these commitments, including the Government's effort to establish partnerships with local and international communities". In accordance with the Office's assessment, three obstacles are currently standing in the way of implementing the Government of Sudan's commitment:

- The involvement of the highest national authority in the crimes committed, which affects the willingness of the national courts to carry out efficient and independent national proceedings;

- The legal immunity granted to the members of the government allegedly involved in the crimes, which makes the national judicial system legally unable to conduct national proceedings; and

- The continuous threats and acts of violence by the Sudanese authorities against witnesses of crimes, which make the national judicial system de facto unable to conduct national proceedings.

Several participants highlighted the need to include justice and accountability in any durable solution in Sudan. President Obama stressed 'there can be no lasting peace in Darfur - and no normalization of relations between Sudan and the United States - without accountability for crimes that have been committed. Accountability is essential not only for Sudan's future, it also sends a powerful message about the responsibilities of all nations that certain behavior is simply not acceptable in this world; that genocide is not acceptable. In the 21st century, rules and universal values must be upheld.'..."

II. CICC AND MEMBERS STATEMENTS

1. "UN Fails to Affirm Support for Justice for Darfur Victims", CICC Press Release, 24 September 2010, http://www.coalitionfortheicc.org/documents/CICC_PR_UNHighLevelMeeting_24Sept10.pdf

-"On 24 September 2010, the Secretary-General of the United Nations (UNSG) convened a high-level meeting on the situation in Sudan. The United Nations failed to affirm its support for justice and accountability as essential components of sustainable peace in Sudan, the Coalition for the International Criminal Court said today.

Today's high-level meeting on the situation in Sudan focused primarily on the implementation of the Comprehensive Peace Agreement and the upcoming referenda in Sudan, as well as the situation in Darfur and the overall situation in Sudan. The Coalition notes that the pursuit of justice and the fight against impunity in Darfur are inextricably linked to the achievement of sustainable peace in Sudan and deplores the lack of any reference in the meeting's outcome communiqué to the ongoing investigation by the International Criminal Court (ICC) into crimes committed in Darfur, and the need for justice for victims.

Instead, the communiqué welcomes commitments by the Government of Sudan to end impunity and bring the perpetrators of crimes to justice. This statement is all the more perverse in light of the recent ICC judicial decision, dated 25 May 2010, informing the UN Security Council of the continuing lack of cooperation by the Government of Sudan in its investigation into Darfur, including their failure to arrest those that have been implicated by the Court.

Moreover, the communiqué made no mention of resolution 1593 (2005) of the United Nations Security Council under Chapter VII of the United Nations Charter, requesting the ICC to examine the situation in Darfur in order to determine whether crimes had been committed, and deciding that the Government of Sudan and all other parties to the conflict in Darfur shall co-operate fully with and provide any necessary assistance to the ICC...."

2.. "Sudan: Protect Rights Ahead of Referendum", Human Rights Watch, Press Release, 22 September 2010, http://www.hrw.org/en/news/2010/09/21/sudan-protect-rights-ahead-referendum

"States convening at the United Nations for a high-level meeting on Sudan on September 24, 2010, should press Sudanese authorities to ensure that the forthcoming referendum on southern independence is free of the human rights violations that marred the April elections, Human Rights Watch said today.

'The delegates at the Sudan meeting should do more than confirm that the referendum will happen on time,' said Rona Peligal, Africa director at Human Rights Watch. 'This is also a prime opportunity for them to insist on better human rights conditions in Sudan.'

The April elections and the upcoming referendum for southern independence are milestones in the 2005 Comprehensive Peace Agreement, which ended 22 years of civil war in which an estimated 2 million people lost their lives.

Human Rights Watch remains concerned about impunity for human rights violations by security forces across Sudan, restrictions on civil and political rights, and the treatment of minority groups throughout Sudan. The two parties to the peace agreement - the ruling National Congress Party (NCP) and the southern ruling Sudan People's Liberation Movement (SPLM) - should state publicly that they will not expel each other's minorities in the event of secession, Human Rights Watch said.

The delegates to the September 24 UN meeting should also address the deteriorating situation in Darfur.

'Focus on the southern referendum should not shift attention away from the ongoing crises in Darfur,' Peligal said. 'The nations concerned about the situation in Sudan need to press Khartoum now to end impunity for ongoing human rights violations in Darfur.'...

Delegates at the UN meeting this week should also press the two parties to the Comprehensive Peace Agreement to make it an urgent priority to resolve the political impasse over Abyei, the oil-rich area along the north-south border where northern and southern forces clashed in 2008. The issue remains a key flashpoint for further conflict and human rights abuses, Human Rights Watch said.

'The situation in Abyei could easily deteriorate and lead to more conflict without a concerted effort to protect civilians and defuse tensions on the ground,' Peligal said.

Under the peace agreement, the area is to hold its own parallel referendum in January 2011 to decide whether it will belong to the north or south, but the parties have made no progress in agreeing on the arrangements for this vote or in taking steps to resolve differences between local populations and protect their rights, as Human Rights Watch documented in August.

The United Nations Mission in Sudan (UNMIS), which has a mandate to protect civilians, should increase its patrols throughout Abyei and other key volatile areas along the north-south border, and Sudanese authorities should ensure peacekeepers' access to these areas, Human Rights Watch said...

Human Rights Watch also urged human rights personnel for the UN mission to monitor and report on these abuses and to press the southern armed force to strengthen its accountability mechanisms before the referendum. International donors engaged in reforming the security sector in Southern Sudan should include accountability and human rights in their programs...

Human Rights Watch also urged the international delegates to ensure stronger protection of civilians from ongoing violence and rights abuses in Darfur, Human Rights Watch said.

The delegates should insist that those wanted by the International Criminal Court (ICC) for war crimes, crimes against humanity, and genocide allegedly committed in Darfur appear in The Hague to face the charges against them. President Omar al-Bashir; Ahmed Haroun, the country's former minister for humanitarian affairs and current governor of Southern Kordofan state; and Ali Kosheib, a "Janjaweed" militia leader whose real name is Ali Mohammed Ali, are all subject to arrest warrants by the ICC...

'Darfur cannot be developed unless there is real security,' Peligal said. 'The international actors need to press the Sudanese government to immediately end attacks on civilians, let humanitarian groups and peacekeepers operate effectively, and send people home only when they want. The government also needs to bring to justice those who have committed abuses in Darfur, including by cooperating with the International Criminal Court.'"

3. "FIDH, Human Rights Watch and LDH call on France to take action to avoid a diplomatic failure", 23 September 2010, http://www.fidh.org/La-FIDH-Human-Rights-Watch-et-la-LDH-appellent-la (In French)

"On the eve of the high-level UN meeting on Sudan, at which Bernard Kouchner will participate, the International Federation of Human rights (FIDH), Human Rights Watch, and the League of Human Rights (LDH) call on France to act to avoid a failure of diplomatic negotiations and a return to conflict in Sudan. This debate will bring together key leaders on this issue - among them, the UN Secretary General, President Obama, members of the Security Council as well as representatives of Sudan and its neighboring countries - probably for the last time before the upcoming referendum in January 2011 which will allow Southern Sudan to vote on its independence.

Less than four months before this historic poll, which could lead to the division of the largest country in Africa, FIDH, Human Rights Watch, and LDH are deeply concerned about the deterioration of the situation in Sudan and the devastating impact that this referendum could have on millions of civilians, as well as the security of the region, if it is not organized under the best of conditions...

In order to relieve tensions and to avoid a failure in diplomatic discussions between the North and South, FIDH, Human Rights Watch, and LDH call on Bernard Kouchner, in his discussion on 24 September at the UN, to:

* confirm the right of the Southern Sudanese to self-determination;
* affirm France's commitment to recognize the result of a free and credible and fair referendum, whether the Southern Sudanese chose unity or independence;
* from now, support the preparations for a free and fair referendum. This should include measures to protect civilians from all potential violence.

...These organizations also ask Bernard Kouchner to reaffirm the need to resolve the conflict in Darfur, where violence continues against civilians, particularly in IDP camps and against humanitarian workers - and to give justice to the victims of the conflicts, including by respecting their obligation of cooperation with the ICC..."

4. "Sudan urged to end clampdown on freedom of expression before referendum", Amnesty International Press Statement, 24 September 2010, http://www.amnesty.org/en/news-and-updates/report/sudan-urged-end-clampdown-freedom-expression-referendum-2010-09-24

"The Sudanese authorities should halt the harassment and intimidation of journalists in the run-up to the referendum on southern independence in January 2011, Amnesty International said in a new briefing released on Friday...

'No credible poll can be conducted in an environment where freedom of speech is being so openly violated,' said Rania Rajji, Amnesty International's Sudan researcher.

'The governments of north and south Sudan must ensure the vote is held in an atmosphere where all Sudanese can freely express their views and halt any further restrictions to freedom of expression.'...

Following the presidential elections in April 2010, five journalists were arrested because of articles published in the newspaper Rai Al Shaab, including an analysis of the election result...

One Khartoum-based journalist working for an opposition newspaper told Amnesty International that it was nearly impossible to publish articles relating to human rights in national newspapers because of this climate of fear...

'The forthcoming referendum will bring new challenges and political uncertainty to Sudan. To ensure that human rights are respected, protected and promoted during the referendum, the government must ensure freedom of expression and allow journalists to voice their opinions and engage in debates about the future of the country,' said Rania Rajji."

5. "Urgent action needed as Sudan faces countdown to crucial referendum warn aid agencies", Oxfam, Press Statement, 24 September 2010, http://www.oxfam.org.uk/applications/blogs/pressoffice/2010/09/24/urgent-action-needed-as-sudan-faces-countdown-to-crucial-referendum-warn-aid-agencies/

"...World leaders at today's Sudan summit must take concrete action to help ensure peace, safety and development for all Sudanese people, five international aid agencies said in an open letter. Failure to act risks a new eruption of violence and threatens the future of Africa's largest country, with just over 100 days until the referendum to decide whether the south should remain part of Sudan.

The International Rescue Committee, Oxfam, Tearfund, World Vision and Christian Aid, all of which have worked in Sudan for many years, warned that the next few months are among the most crucial in Sudan's history. Despite the fast-approaching deadline, many key issues remain unresolved, including the demarcation of the north-south border, voter registration and the sharing of oil revenues. The agencies said diplomatic engagement to help address these must go hand in hand with ensuring civilians are protected from violence, receive the humanitarian aid they need, and that basic development goals are delivered.

'The success or failure of world leaders on Sudan will be judged by the next few months...This meeting will show whether they have the commitment to make the financial and political investment needed to help Sudan have a peaceful future. Today's decisions will affect the lives of millions of Sudanese people,' said Kirsten Hagon, Head of Oxfam's New York Office.

The landmark 2005 peace agreement that set the stage for the referendum was a great achievement in close partnership with the international community. However the agencies warned that its legacy could be undone over the coming months without a strong plan supported by world leaders, and immediate efforts to prevent violence..."

6. "Sudan at the UN: Aid for Amnesty", American NGO Coalition for the ICC (AMICC), blog post, 5 October 2010, http://amicc.blogspot.com/2010/10/sudan-at-un-aid-for-amnesty.html

"On September 27 2010, Sudanese Vice-President, Ali Osman Taha, took the floor at the United Nations to urge the General Assembly to reject the ICC arrest warrants that are currently against President Omar al-Bashir. VP Taha claimed that ICC involvement is "a direct threat" to the peace process in Darfur and that Khartoum will further pledged $2 billion dollars to reconstruction in the region if the charges are dropped...

Besides the political implications of this demand, there are two very important legal reasons why Vice President Taha's request cannot be fulfilled. First of all, the UN Security Council Resolution 1593, which referred the situation in Darfur to the ICC, requires all parties to the Darfur conflict, including the Government of Sudan, to cooperate fully with Court. This resolution is binding on all UN member states. The Member States could not condemn the prosecution of al-Bashir without coming under direct violation of 1593.

Secondly, the General Assembly has no authority to make decisions regarding the status of arrest warrants. The primary authority to withdraw arrest warrants rest with the Court...Nevertheless...Article 16 of the Rome Statue says that the Security Council may defer investigations and prosecutions for renewable 12 -month periods if there is a threat to international peace and security. The Court recognizes that its role in political questions is limited and it must respect a deferral in this case. However, it is interesting to note that the Security Council has not made an article 16 deferment before despite earlier informal requests..."

III. RELATED NEWS.AND OPINIONS

1. "Role for Local Justice in Darfur?", by Tajeldin Adam, Assadig Mustafa, Simon Jennings, Blake Evans-Pritchard (IWPR), 28 September 2010, http://iwpr.net/report-news/role-local-justice-darfur

2. "The African Union, the International Criminal Court and al-Bashir's visit to Kenya", by Max du Plessis (Institute for Security Studies), 15 September 2010, http://www.iss.co.za/iss_today.php?ID=1025

3. "UN expert urges probe of recent attacks in Darfur", by John Heilprin (AP), 14 September 2010, http://www.google.com/hostednews/ap/article/ALeqM5iIYicD6XiohrLn7emd53yJtTxyLwD9I7QLEO0

4. "Arab league backs Sudan's Bashir against ICC indictments", Sudan Tribune, 17 September 2010, http://www.sudantribune.com/spip.php?article36302

5. "UNSC trip to Sudan in jeopardy over meeting with Bashir", Sudan Tribune, 21 September 2010, http://www.sudantribune.com/spip.php?article36342

6. "Sudan's labor union slams ICC conference to be held in Qatar", Sudan Tribune, 24 September 2010, http://www.sudantribune.com/spip.php?article36375

7. "The African Union calls for the freezing of proceedings against Bashir", News HeadQuarters, 23 September 2010, http://newshq.net/563/the-african-union-calls-for-the-freezing-of-proceedings-against-bashir.html

8. "Sudanese Vice President Urges U.N. to Reject Arrest Warrants", by James Butty (VOA News), 28 September 2010, http://www.voanews.com/english/news/africa/Butty-VP-UNGA-Speech-React-Ismail-28september10-103910679.html

9. "Taha urges UN members to relieve Sudan of its external debts", Sudan Tribune, 28 September 2010, http://www.sudantribune.com/spip.php?article36413

10. "ICC Prosecutor Luis Moreno Ocampo on Sudan", by Steve Paterno (Sudan Tribune), 28 September 2010, http://www.sudantribune.com/spip.php?article36418

11. "Sudanese officials give conflicting statements on the UNSC visit", Sudan Tribune, 30 September 2010, http://www.sudantribune.com/spip.php?article36453

IV. AUDIOVISUAL MATERIALS

i. "Ruling party rejects ICC's participation in UN meeting on Sudan", UN-Sponsored Radio Miraya, 19 September 2010, http://www.mirayafm.com/index.php?option=com_content&view=article&id=4017:ncp-rejects-iccs-participation-in-un-discussions-on-sudan&catid=85:85&Itemid=278

ii. "Luis Moreno-Ocampo on Darfur, the LRA", by Summer Marion & Christina Maria Paschyn (Pulitzer Center on Crisis Reporting), 23 September 2010, http://pulitzercenter.org/blog/news-points/luis-moreno-ocampo-darfur-lra

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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 P.O. box 19519 2500 CM the Hague The Netherlands