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Darfur: Latest Statements, News and Opinions

26 July 2011

Dear all,

Please find below information about recent developments related to the investigation of the International Criminal Court (ICC) in Darfur, Sudan.

This message includes recent statements by members of the Coalition for the International Criminal Court (I) and by the ICC (II), as well as related news and opinions (III). 

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. COALITION MEMBERS’ MEDIA STATEMENTS

1. “NPWJ welcomes South Sudan and calls on the Government to ratify international human rights treaties, including the ICC Rome Statute”, NPWJ, 11 July 2011, http://www.npwj.org/ICC/NPWJ-welcomes-South-Sudan-and-calls-Government-ratify-international-human-rights-treaties-includ
   
“Today, 9 July 2011, the Republic of South Sudan has achieved independence, becoming the 54th African State. The people of South Sudan were empowered to decide their own future last January 2011 in the referendum provided for under the 2005 Comprehensive Peace Agreement (CPA). The people of South Sudan voted overwhelmingly in favor of creating their own independent State.
 
Statement by Alison Smith, Legal Counsel of No Peace Without Justice:
 
‘No Peace Without Justice (NPWJ) and the Nonviolent Radical Party, Transnational and Transparty (NRPTT) celebrate the birth of the Republic of South Sudan, as the dawn of a new promise for human rights for its people.
 
Today is a turning point in the history of the people of South Sudan, who have struggled for the last two decades to exercise their fundamental rights. On the day of its independence, we commemorate the sacrifice of those who struggled and the victims of the Sudanese civil war.

South Sudan is now responsible for its own destiny and it has the opportunity to send a clear message to its own people and the international community that the new State is founded on respect for human rights, the rule of law and justice by ratifying and abiding by international human rights treaties, including the Rome Statute of the International Criminal Court.

The new Government needs to send a strong signal that it will uphold human rights and no impunity will be granted to those who violate them, to break the culture of violence that has ruled the region so far…. 

We expect South Sudan to cooperate with the ICC, including in the execution of the arrest warrants against 6 individuals including President Omar Hassan Ahmad Al Bashir, indicted for war crimes, crimes against humanity and genocide.

“Now, right at the start of this new beginning, South Sudan finally has the opportunity to ensure respect for human rights and the rule of law, which are essential conditions of other development and reconstruction efforts, in order to bring about stability in the country. It also has the opportunity to make a firm commitment to its own people that this hard-won independence means something for their human rights and freedom.’”

2. “Conflict in South Kordofan: The International Community Must Take Action Now; the Parties Must Immediately Put and End to Serious Violations,” Joint press release, FIDH, ACJPS and SUHRM, 22 July 2011,http://www.fidh.org/Conflict-in-South-Kordofan-The

“FIDH and its Sudanese member organisations, the African Center for Justice and Peace Studies (ACJPS) and the Sudan Human Rights Monitor (SUHRM), are deeply concerned about the serious violations of human rights and humanitarian law being perpetrated in South Kordofan. Our organisations call upon the international community to take all necessary measures to ensure that the parties immediately cease hostilities in the region.

... “The crimes being perpetrated since 5 June against civilians in South Kordofan may amount to war crimes and crimes against humanity” declared Souhayr Belhassen, FIDH President. “There is an urgent need for international action to ensure the parties put an immediate end to these atrocities. The international community has the duty to attain a comprehensive and sustainable solution of the conflict, which addresses both political and military matters,” she added.

Omar al Bashir, President of Sudan, and Ahmed Haroun, newly elected governor of South Kordofan, have publicly supported and encouraged the SAF’s military actions in South Kordofan. FIDH, ACJPS and SUHRM recall that the International Criminal Court (ICC) has issued arrest warrants for both al Bashir and Haroun for war crimes and crimes against humanity perpetrated in Darfur, as well as an additional arrest warrant for al Bashir for genocide perpetrated in the same region. They remain at large. “The role played by Omar al Bashir and Ahmed Haroun in the ongoing violent attacks in South Kordofan is reminiscent of their role in the Darfur conflict. This is an unbearable example of the threat to peace and security which can emanate from the failure to address accountability” declared Osman Hummaida, ACJPS’ Executive Director. “In this context, execution of the outstanding arrests warrants is critical for the sake of both justice and peace,” he added.

In addition, FIDH, ACJPS and SUHRM are deeply concerned over information regarding the reinforcement of SPLM-N troops in the region and the decision of the Justice and Equality Movement (JEM) to fight alongside them. JEM participation in the ongoing conflict in South Kordofan could not only jeopardize the peace process in Darfur, but could also have the potential to seriously deteriorate the security and human rights situation throughout the country.

FIDH, ACJPS and SUHRM call on:

 The SAF, SPLM-N and other armed groups which are parties to the conflict in South Kordofan to immediately put an end to the serious violations of human rights and humanitarian law perpetrated against civilians, including aerial bombings from the SAF;
 
...  The United Nations Security Council to ensure an international investigation is deployed, with unfeterred access to the region in order to shed light into violations of human rights and international humanitarian law committed in South Kordofan; and to ensure those responsible be arrested and brought to justice before competent mechanisms ;  The States Parties to the Rome Statute and UN Member States to fully cooperate with the ICC to ensure execution of the arrest warrants....”
 
3. “Malaysia: Withdraw Invitation to Sudanese President”, HRW, 16 June 2011, http://www.hrw.org/en/news/2011/06/15/malaysia-withdraw-invitation-sudanese-president

“…Malaysia should withdraw its invitation to President Omar al-Bashir of Sudan, an accused war criminal, to attend an international economic forum in Putrajaya from June 19 to 21, 2011, Human Rights Watch said today in letter to Malaysian Prime Minister Dato' Sri Mohammed Najib bin Tun Abdul Razak. The Malaysian Cabinet plans to discuss the matter on June 17.

It was reported earlier this week that President al-Bashir would participate in the Langkawi International Dialogue, a meeting focused on socio-economic development. Al-Bashir is subject to two arrest warrants issued by the International Criminal Court (ICC) for crimes committed in Darfur, including war crimes, crimes against humanity, and genocide.

‘Whether Malaysia allows President al-Bashir - a suspected war criminal sought by the International Criminal Court - into its territory is a test of the country's stated commitment to international justice,’ said Balkees Jarrah, international justice counsel at Human Rights Watch. ‘Malaysia should stand with victims, not those accused of heinous crimes against Darfuris, and withdraw al-Bashir's invitation.’

On March 21, Malaysian authorities announced the country's intention to join the ICC.  A government minister declared at the time that ratifying the treaty reflected Malaysia's rejection of war crimes, crimes against humanity, and genocide.

Should al-Bashir come to Malaysia, he should be promptly arrested and transferred to the ICC in the Hague, Human Rights Watch said.”

4. "Malaysia: Arrest Sudanese President Wanted for War Crimes,” Amnesty International, press release, 14 June 2011 http://www.amnesty.nl/voor_de_pers_artikel/74277

“The Malaysian government should immediately withdraw its invitation to Sudanese President Omar Al-Bashir, and arrest him if he travels to Malaysia, Amnesty International said today.

... “Malaysia should not turn itself into a port of call for fugitives from international justice” said Donna Guest, Deputy Asia Pacific Director at Amnesty International. “The Malaysian government should bar Bashir from its territory, and arrest him if he turns up.”

Amnesty International welcomed Malaysia’s announcement on 21 March of its intention to become a state party to the Rome Statute and to recognise the jurisdiction of the International Criminal Court. In his announcement, Malaysian Law Minister Nazri Aziz said, "This is a declaration that Malaysia rejects war crimes, crimes against humanity and genocide.”

When the UN Security Council referred the situation in Darfur to the ICC in 2005, it urged all states to cooperate fully with the Court. Although Malaysia is not yet party to the Rome Statute of the ICC, it should arrest Omar al-Bashir should he arrive in Malaysia, Amnesty International said.

“Malaysia’s invitation to Omar al-Bashir flies in the face of its decision to join the ICC,” said Guest. “Instead of hosting people wanted by the ICC, Malaysia should reaffirm its commitment to justice.”

5.  “China Must Arrest Sudanese President,” Amnesty International, press release
16 June 2011, http://www.amnesty.nl/voor_de_pers_artikel/74325

“The Chinese government should immediately withdraw its invitation to Sudanese President Omar Al-Bashir, and arrest him if he travels to Beijing, Amnesty International said today.

Omar Al-Bashir is due to meet Chinese President Hu Jintao and other high-ranking officials as part of a visit from 27-30 June

The International Criminal Court (ICC) has issued two arrest warrants for Omar Al-Bashir for genocide, crimes against humanity and war crimes in Darfur. The warrants, issued in 2009 and 2010, charge him with criminal responsibility on 10 counts, including murder, extermination, forcible transfer of population, torture and rape.

“If China welcomes Omar Al-Bashir it will become a safe haven for alleged perpetrators of genocide”, said Catherine Baber, Deputy Asia Pacific Director at Amnesty International. “China should not allow Omar Al-Bashir to enter its territory, and must arrest him if he turns up.”

Although China is not a party to the Rome Statute of the International Criminal Court, it is a permanent member of the UN Security Council, which decided in 2005 to refer the situation in Darfur – since 1 July 2002 – to the ICC Prosecutor.

The resulting resolution –which China had the power to veto but did not – urges all states to cooperate fully with the ICC.

All states have a shared responsibility to ensure that persons suspected of genocide and crimes against humanity are investigated. Where there is sufficient admissible evidence, suspects must be prosecuted in fair trials without recourse to the death penalty.

“If China provides a safe haven for Al-Bashir thousands of victims in Africa will perceive China as an accomplice to crimes under international law”, Catherine Baber said.”

6. “War Criminal Heads to Beijing” by Josh Hafenbrack, Human Rights First, 17 June 2011, http://www.humanrightsfirst.org/2011/06/17/war-criminal-heads-to-beijing/

“News that China will host Sudanese President Omar al-Bashir – who faces an international warrant for genocide and other crimes – betrays China’s contradictory stance on Sudan.

China cannot responsibly claim to be a force for peace in Sudan, while propping up Sudanese violence against civilians by providing political credibility to its president and arms to government forces.

... While China provides Bashir a worldwide platform, the United Nations reports an alarming rise in armed conflict in South Kordofan, where civilians are “trapped in the violence” and 60,000 people have been displaced. Armed conflict in Abyei, another border region, also poses danger to civilians. The violence continues to increase ahead of South Sudan’s secession from the North, expected July 9.

Human Rights First has urged U.S. policymakers to pay increased attention to third-party enablers of mass atrocities. A prime example is China’s role in supporting the Sudanese government in the conflict in Darfur, where 300,000 people have died since 2003.  The most recent overture to Bashir, at a time when he is isolated from the rest of the international community, only emphasizes China’s traditional and irresponsible role as an enabler and will undermine any work the Chinese envoy to Sudan, Liu Guijin, is doing to support negotiations between the North and South.

In July 2008, the International Criminal Court sought an arrest warrant against Bashir for crimes against humanity for actions in Darfur. The following year, the ICC issued the warrant, marking the first time the ICC issued a warrant for a sitting president since its inception in 2002. A second warrant for genocide was issued later, in July 2010. China is not a signatory to the ICC, but China has unique leverage over Sudan, as the North African country’s largest arms supplier and purchaser of oil.

China has a choice: The country can still take the responsible course and rescind its invitation to Bashir. For example, South African President Jacob Zuma last year barred Bashir from entering the country during the World Cup soccer tournament, citing the ICC arrest warrant.  China would do better to follow South Africa’s example.”

SEE ALSO:

7. “African Union Maintains Contradictory Stance on Justice: Global Coalition Calls on AU Heads of State to Support ICC in Delivering Justice to Victims of Serious Crimes,” Press Release, Coalition for the International Criminal Court, 18 July 2011,  http://www.coalitionfortheicc.org/documents/CICC_Advisory_AUSummit_18July2011_FINAL.pdf

II. ICC STATEMENT

1. “ICC reaches out to the Sudanese diaspora in Dublin, Ireland,” ICC, 20 July 2011, http://www.icc-cpi.int/NR/exeres/EB866F49-8FC3-45E0-A586-6BDDCEA2AA18.htm

“On 16 July 2011, 50 representatives of the Sudanese diaspora living in exile in Ireland participated in an interactive session organised by the Outreach Unit. The session’s aim was to promote greater understanding of the Court’s mandate and provide official information about the judicial developments in the cases before the Court in connection with the situation in Darfur. The meeting also marked the occasion of 17 July: International Criminal Justice Day that commemorates the 13th anniversary of the Rome Statute, the founding treaty of the International Criminal Court.

This outreach session was facilitated by the Darfur Solidarity Group in Ireland. The participants, several of whom travelled long distances from rural areas to attend the event in Dublin, showed great interest in the role of the ICC and its impact on Sudan, as well as the judicial developments in the three cases currently before the Court.

... None of the participants has had a direct contact with representatives of the ICC prior to this meeting. Darfur Solidarity Group showed gratitude to the Outreach Unit on behalf of the attendees for bringing the ICC closer to them.

This session with Sudanese diaspora in Ireland is part of the overall strategic plan for outreach for the situation in Darfur. It aims to disseminate accurate information about the Court and to engage the affected Sudanese communities in a dialogue with the ICC, including those individuals that have been forced to live outside Sudan.

The Darfur Diaspora Outreach Programme for 2011 targets Sudanese communities living in The Netherlands, France, Ireland, the United Kingdom, Qatar, Egypt and the USA. The Programme has also engaged Sudanese refugees in eastern Chad.”

III. RELATED NEWS AND OPINIONS

1.    “Sudan reiterates rejection of AU plan for Darfur hybrid courts”, Sudan Tribune, 26 July 2011, http://www.sudantribune.com/Sudan-reiterates-rejection-of-AU,39638
2.    “Sudan: UN Report Incriminates Army's Acts in South Kordofan, Calls for ICC Probe”, Sudan Tribune, 19 July 2011, http://allafrica.com/stories/201107190646.html
3.    "Clinton and Ocampo talk about the charges against Bashir”, Radio Banga, 8 July 2011, http://www.radiodabanga.org/node/15994
4.    “Western officials to avoid Bashir during South Sudan independence celebrations”, Sudan Tribune, 8 July 2011, http://www.sudantribune.com/Western-officials-to-avoid-Bashir,39461
5.    “Zuma, Bashir to meet before Sudan split”, News 24, 7 July 2011, http://www.news24.com/Africa/News/Zuma-Bashir-to-meet-before-Sudan-split-20110706
6.    “Bashir's arrest depends on States' collaboration”, AFP/ Sunday Times, 5 July 2011, http://www.sundaytimes.lk/index.php/analysis/8609-bashirs-arrest-depends-on-states-collaboration
7.    “Sudan’s President, UN chief listed as key speakers at S. Sudan independence”, Sudan Tribune, 5 July 2011, http://www.sudantribune.com/Sudan-s-Bashir-UN-s-Ki-Moon-listed,39424
8.    “Sudan's Bashir returns from China”, AFP, 1 July 2011, http://www.google.com/hostednews/afp/article/ALeqM5jM-1dqKwN2KJEsrQ0fl2KULM56RA?docId=CNG.f5eb2b3430e7c25111dc54e766055137.3c1
9.    “UN: China should arrest al-Bashir” by John Heilprin, AP, 30 June 2011, http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2011/06/30/international/i062708D17.DTL
10.    “Sudan secures aid and support from China”, Sudan Tribune, 30 June 2011, http://www.sudantribune.com/Sudan-secures-aid-and-support-from,39381
11.    “S. Sudan officially confirms Bashir’s invitation for independence”, Sudan Tribune, 29 June 2011, http://www.sudantribune.com/S-Sudan-officially-confirms-Bashir,39366
12.    “Sudan parliament slams Turkmenistan & Tajikistan over Bashir’s flight”, Sudan Tribune, 29 June 2011, http://www.sudantribune.com/Sudan-parliament-slams,39370
13.    "China rolls out red carpet for Sudan's Bashir”, Radio Netherlands, 29 June 2011, http://www.rnw.nl/international-justice/bulletin/sudanese-leader-bashir-meets-chinas-hu-0
14.    “China welcomes Sudan president one day late”, Monsters and Critics, 28 June 2011, http://www.monstersandcritics.com/news/africa/news/article_1648029.php/China-welcomes-Sudan-president-one-day-late
15.    “Sudan accuses U.S. of pressing states to block entry of Bashir’s plane”, Sudan Tribune, 28 June 2011, http://www.sudantribune.com/Sudan-accuses-U-S-of-pressing,39356
16.    “Sudan says Bashir plane returned to Iran after flying over Turkmenistan”, Sudan Tribune, 27 June 2011, http://www.sudantribune.com/Sudan-says-Bashir-plane-returned,39345
17.    “Sudanese president Omar al-Bashir delays visit to China”, The Guardian, 27 June 2011, http://www.guardian.co.uk/world/2011/jun/27/omar-al-bashir-delays-visit-china
18.    “Oil interests tie China to Sudan leader Bashir, even as he faces genocide charges” by Andrew Higgins, Washington Post, 23 June 2011, http://www.washingtonpost.com/world/asia-pacific/oil-ties-china-to-sudans-leader--and-his-foes/2011/06/22/AGDlb6fH_story.html
19.    “U.S. denies endorsing Sudanese president’s China visit”, Sudan Tribune, 22 June 2011, http://www.sudantribune.com/U-S-denies-endorsing-Sudanese,39296
20.    “Omar al-Bashir, wanted on war crimes, to visit Tehran”, Iran Independent News, 21 June 2011, http://www.iranwpd.com/index.php?option=com_k2&view=item&id=1786:omar-al-bashir-wanted-on-war-crimes-to-visit-tehran&Itemid=65
21.    “China says has every right to invite Sudan's indicted leader”, Reuters, 21 June 2011, http://af.reuters.com/article/energyOilNews/idAFL3E7HL1ET20110621?sp=true
22.    “China defends visit by Sudan's Bashir”, AFP, 21 June 2011, http://www.google.com/hostednews/afp/article/ALeqM5itUVlhzMhLTHKEmKjWruWUZH44qw?docId=CNG.9a529bd9225705d57efe330623713dcd.1f1
23.    “US gives its blessings to Bashir’s China visit”, Sudan Tribune, 17 June 2011, http://www.sudantribune.com/US-gives-its-blessings-to-Bashir-s,39242
24.    “Is Omar Hassan al-Bashir Up to Genocide Again?” by Samuel Totten, NY Times Blog, 20 June 2011, http://kristof.blogs.nytimes.com/2011/06/18/is-omar-hassan-al-bashir-up-to-genocide-again/
25.    “‘Golden opportunity to make a stand on war crimes lost’” by Tarani Palani, Free Malaysian Today, 16 June 2011, http://www.freemalaysiatoday.com/2011/06/16/golden-opportunity-to-make-a-stand-on-war-crimes-lost/
26.    “Sudanese president cancels his planned trip to Malaysia”, Sudan Tribune, 16 June 2011, http://www.sudantribune.com/Sudanese-president-cancels-his,39233
27.    “Sudan leader al-Bashir to skip Malaysia forum”, AP, 16 June 2011, http://www.google.com/hostednews/ap/article/ALeqM5hABwQgntu3RjjbmF6FvXTrMG9u0g?docId=70c2b22502d3403a9b6aea6ffd35159f
28.    “Are we hosting wanted fugitives now?”, Free Malaysia Today, 16 May 2011, http://www.freemalaysiatoday.com/2011/06/16/are-we-hosting-wanted-fugitives-now/
29.    “Why Bashir won't travel to Malaysia for Summit”, Africa Review, 16 June 2011, http://www.africareview.com/News/Sudan+Bashir+wont+travel+to+Malaysia+for+Summit/-/979180/1183532/-/c5fk70/-/

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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