Follow Us:

Sudan: Conflicting Statements on Sudanese Willingness to Cooperate with ICC

16 Dec 2005

As previously reported, during the ICC Prosecutor's briefing before the Security Council pursuant to Resolution 1593, Sudanese Justice Minister Mohammed Ali al-Mardi announced that Sudan would not cooperate with the Court and would not accept ICC jurisdiction. Since then, the British Foreign Office Africa Minister Lord Triesman announced that he was deeply concerned by these recent statements. But the Sudanese government has now welcomed the Prosecutor's report to the Security Council, with al-Mardi describing it as "fair and objective for Sudan" and citing Sudan's readiness to cooperate while maintaining that the Sudanese judiciary would conduct its own trials. The Dean of the Bar Association, Fathi Khalil, also described the report as objective and unbiased. Another Sudanese Minister, Al-Zubair Bashir Taha, said that the report was not astonishing, indicating that it was not surprising that this report included 'positive aspects'. Please find below several articles reporting on these recent conflicting statements.

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

**********************************************

1. Sudan Tribune, "UK says concerned by Sudan denial for ICC to probe in Darfur" - 14 December 2005
http://www.sudantribune.com/article.php3?id_article=13051

The British Foreign Office Africa Minister Lord Triesman, said he is deeply concerned to hear the recent statement by Sudan’s Justice Minister, Mohamed Ali al-Mardi, that Sudan will not allow investigators from the ICC into Darfur. Triesman demanded Sudanese government to comply with the wishes of the international community as set out in UNSCR 1591 and cooperate fully with the ICC should it decide to visit Darfur.’ [...]"

2. Xinhua News Agency, “Sudan welcomes ICC report on Darfur” -
14 December 2005
http://english.people.com.cn/200512/15/eng20051215_228099.html

“The Sudanese government on Wednesday welcomed a report by the International Criminal Court (ICC) to the UN Security Council on its Darfur issue. Sudanese Minister of Justice Mohammed Ali al-Mardi described the report, presented by the ICC prosecutor Luis Marino Occampo, as "objective and fair for Sudan". [...]

The Sudanese official reaffirmed his government's readiness to cooperate with the international court. "Our constant stance is that our national judiciary is capable, neutral and qualified to handle all cases in Sudan and has a desire to prosecute those involved in these crimes," the official stressed.

Sudanese Attorney General Salah-eddin Abu Zaid said the ICC report showed that the Sudanese government is serious on the issue of Darfur and that the government has exerted all efforts to investigate criminal suits there.”

3. Suna News Agency, “Sudan: ICC prosecutor-general’s report ‘objective, fair’ – minister” - 14 December 2005
http://www.sudantribune.com/article.php3?id_article=13055

“Minister of Justice Muhammad Ali al-Mardi has described the report presented by the prosecutor-general of the International Criminal Court (ICC) to the [UN] Security Council as objective and fair.

Speaking to Suna, the minister commended the fair report presented by ICC prosecutor-general, pointing to the government's readiness to cooperate with ICC and at the same time adhere to its position that the national judiciary is capable of trying all cases and that Sudan is keen to try those who committed these crimes.” [...]"

4. Suna New Agency, “Dean of Bar Association chief says ICC prosecutor's report 'objective, impartial'" - 14 December 2005 (Link not available)

“Dean of the Bar Association, Fathi Khalil, has described as objective and unbiased the report of the General Prosecutor of the International criminal Court on Darfur, which he presented Tuesday before the Security Council.

In a press statement to SUNA, Khalil said that the General Prosecutor's report was fair and objective contrary to the former report of the international fact-finding committee on Darfur.

He explained that the report of the General Prosecutor of the International Criminal Court before the Security Council asserted the cooperation of Sudan government with the committee and the importance of identifying the effect of any trials on the process to realize peace in Sudan. [...]

He said that the report of the General Prosecutor of the International Criminal court, as a whole, has frustrated those who are hostile to Sudan inside the country and abroad, adding that these circles expected the report to demand trial of Sudanese officials.”

5. Suna News Agency, “Minister of Interior Says Reports of ICC’s” - 14 December 2005 (Link not available)

“Al-Zubair Bashir Taha, said that the report of the General Prosecutor of the International Criminal Court (ICC) on fact finding in Darfur was not astonishing, indicating that it was not surprising that this report was included positive aspects.

Taha in a statement to SUNA has lauded the performance of the Ministry of Justice in this regard, pointing out that the Minister of Justice, Mohamed Ali Al-Mardi, has played a pivotal role in speeding up the rule in judicial and justice issues in Darfur, top of them was the establishment a number of national courts, and directing them to accelerate the process of ruling in a number of pending cases. [...] ”

6. Associated Press Worldstream, Mohamed Osman,“Sudan insists its judges, not those of a U.N., should try Darfur suspects” - 14 December 2004
http://www.sudantribune.com/article.php3?id_article=13047

“Sudan insisted Wednesday its own judges, not those of a U.N. war crimes court, should try suspects in Darfur's atrocities.

"Our position remains that our judiciary is capable of handling all the cases and Sudan is serious, desirous and capable of trying any of those who committed crimes," Minister of Justice Mohammed Ali al-Mardi was quoted as saying by the state news agency Wednesday.

The U.N. court "will have no jurisdiction to try any Sudanese national," al-Mardi said a day after the chief prosecutor of the U.N. war crimes tribunal described the difficulties his investigators had faced, but added in a briefing for the U.N. Security Council that Sudan was cooperating.[...]"

Al-Mardi said Sudan was cooperating with the U.N. court, but defined that as conducting its own trials. He said a delegation from the international court was expected to visit in February, and that Sudanese officials would then explain the workings of their own Darfur court. "There would be integration between us and the court but it should be made clear that we understand by this that the work we are doing should be convincing to them, this is what we understand by integration. Once again we would like to state that integration and cooperation does not mean that the ICC would be a substitute for the Sudanese national judiciary," al-Mardi said.” [...]"

**********************************************
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