BAN VOICES CONTINUED UN SUPPORT FOR INTERNATIONAL CRIMINAL COURT

Secretary-General Ban Ki-moon today expressed the continued support of the United Nations for the work of the International Criminal Court (<"http://www.icc-cpi.int/Menus/ICC">ICC), which he said has become the "centrepiece" of the global criminal justice system since it came into existence only several years ago.

"The establishment of the International Criminal Court was a landmark in the efforts of the international community to enforce the applicability of international humanitarian law, and to advance the cause of justice and the rule of law on a universal scale," Mr. Ban said in a <"http://www.un.org/apps/sg/sgstats.asp?nid=4058">message to the Consultative Conference on International Criminal Justice.

The ICC is an independent, permanent court that investigates and prosecutes people accused of genocide, crimes against humanity and war crimes, and is based on a treaty known as the Rome Statue. To date, 100 States are party to the Statute, which has nearly 140 signatories.

The efforts by the UN to further the causes of peace, development and human rights are closely connected to the work of the ICC, Mr. Ban noted, adding that the world body stands ready to do all that is needed to "facilitate the Court's noble and important mission."

In the message, delivered by UN Legal Counsel Patricia O'Brien, the Secretary-General pointed out the increased support for the idea that justice must be an essential part of post-conflict strategies to ensure a sustainable peace.

This could take the form of international accountability mechanisms, boosting national accountability methods, and setting up possible non-judicial forums such as Truth and Reconciliation Commissions, he said.

Since the Rome Statue entered into force in 2002, Mr. Ban said, "the activities of the Court and its Prosecutor have had a discernible effect on potential perpetrators of international crimes."

Currently, four situations – the Central African Republic (CAR), the Democratic Republic of the Congo (DRC), Uganda and the Darfur region of Sudan – are under investigation by the ICC Prosecutor.

Commencement of the trial in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui postponed until 24 November 2009

Situation: Democratic Republic of the Congo (DRC) Case: The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui

Trial Chamber II of the International Criminal Court issued a decision today, 31 August 2009, postponing the commencement of the trial in the case The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui until 24 November 2009. The Chamber found that compelling reasons require that the date of 24 September 2009 initially set for the commencement of the trial be put back.

The Chamber announced that it would ensure an expeditious trial consonant with the Rome Statute and the rules, and that the time the Prosecutor needs to present his evidence is not unduly long. The Chamber underscored that several recently raised issues must be adjudicated before the trial can begin:

- the changes required to the table submitted by the Prosecutor at the request of the Chamber presenting all the evidence and the list of witnesses he intends to call. The purpose of that document is is to provide a properly structured presentation of prosecutorial evidence, particularly for the Defence;

- the need for the parties to reach agreement on evidentiary issues and for the Chamber to rule on the Defence for Mathieu Ngudjolo Chui’s request regarding the admissibility and relevance of more than 290 pieces of evidence submitted by the Prosecutor;

- the need for the Chamber to rule on the Defence for Germain Katanga ’s motion of 30 June that his arrest and detention in the Democratic Republic of the Congo be declared unlawful and that the proceedings be stayed;

- the possible changes to the protective measures for witnesses called in this case, in particular those also called in the Lubanga case who have been granted protective measures by another Trial Chamber.

For these reasons, Trial Chamber II has decided to postpone the commencement of the trial in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui and to convene a status conference on 30 September 2009 at 9:30 am ( The Hague local time).

ICC Prosecutor: Releasing Jean-Pierre Bemba would be an Error in Law

The Hague, 25 August 2009

ICC-OTP-20090825-PR445

Situation: Central African Republic
Case: The Prosecutor v. Jean Pierre Bemba Gombo

Jean-Pierre Bemba should remain in custody to the end of his trial, ICC Prosecutor Luis Moreno-Ocampo stated in a filing presented to the Appeals Chamber. The ICC Prosecutor appealed the decision of the single judge on interim release as soon as it was rendered. Yesterday, the Prosecutor made known his arguments in support of Mr. Bemba’s continued detention.

The Prosecutor said that contrary to the Single Judge’s conclusions, there has been no change of circumstances in the present case. Most of the circumstances cited are pre-existing and have been cited previously by the same judge as either grounds for continued detention or irrelevant to an application for release. The only significant intervening factor, the issuance of the decision confirming the charges against the Accused, confirms and increases the risks posed by the Accused if released. The Single Judge’s decision is thus error.

The pending charges may result in conviction with an overall lengthy sentence. All prior decisions, including the Appeals Chamber’s decision denying Bemba’s release, noted that the gravity of the charges - crimes against humanity and war crimes - make “the risk of [the Accused] absconding […] more likely”. The Chamber confirmed those charges. The Accused is now closer to trial and, if convicted, subject to a potentially lengthy sentence. The confirmation decision increases the incentive to flee and to obstruct the prosecution. It also increases the capacity to harm witnesses, since the Accused knows the identity of the witnesses and will continue to discover essential prosecution evidence.

Prosecutor Moreno-Ocampo also requested suspensive effect to the appeal, so that there is no possibility of Mr. Bemba’s release while it is under consideration by the Appeals Chamber.

“Mr. Bemba is still presumed innocent but must stay in the detention centre .We will do all we can to ensure he stands trial as soon as possible and that victims see justice done” said the Prosecutor.

The International Criminal Court is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes.

FORMER CONGOLESE LEADER FACING TRIAL SHOULD REMAIN IN ICC CUSTODY – PROSECUTOR

Jean-Pierre Bemba Gombo should remain in the custody of the International Criminal Court (ICC) until the start of his trial for war crimes and crimes against humanity, the Court's Prosecutor stated as he appealed the decision to the former Congolese leader a temporary release.

On 14 August, the Court decided to grant Mr. Bemba's the request for interim release, albeit under conditions. The former vice-president of the Democratic Republic of the Congo (DRC) faces charges for alleged crimes committed in the Central African Republic (CAR) between October 2002 and March 2003, including rape, murder and pillaging.

Mr. Bemba will be released once the conditions have been set, and it has been determined which country will take him in until his trial, a date for which has not yet been set.

Prosecutor Luis Moreno-Ocampo stated in his filing to the Appeals Chamber that Mr. Bemba is a flight risk and may harm witnesses involved in his trial, according to a news release issued by the ICC, which is based in The Hague.

Mr. Moreno-Ocampo also requested suspensive effect to the appeal, so that there is no possibility of Mr. Bemba's release while it is under consideration by the Appeals Chamber.

"Mr. Bemba is still presumed innocent but must stay in the detention centre. We will do all we can to ensure he stands trial as soon as possible and that victims see justice done," said the Prosecutor.

The ICC is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes, namely genocide, crimes against humanity and war crimes.
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ICC Prosecutor: No Temporary Release for Jean-Pierre Bemba

International Criminal Court Prosecutor Luis Moreno-Ocampo will today appeal the decision by Pre-Trial Chamber II to grant Jean-Pierre Bemba conditional release until his trial. The Prosecution “considers that Mr. Bemba, who is still physically in detention in The Hague , should stay in prison. The Appeals Chamber will review whether the decision to release Mr. Bemba is correct”.

On August 24, the Prosecution’s arguments will be presented.
Additionally, there is no prospect of immediate release. At this stage, States identified by the Defence as potential hosts have expressed objections or concerns about accepting Mr Bemba on their territory for this interim period.

“The judges of the ICC have confirmed that Mr. Bemba must stand trial to answer the very serious charges that have been brought against him” said the Prosecutor. “Victims and witnesses can be confident that the trial will take place in the near future and that the Court will continue to guarantee their safety”.

The International Criminal Court is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes.

ICC GRANTS TEMPORARY RELEASE FOR FORMER CONGOLESE LEADER FACING TRIAL

The International Criminal Court (ICC) today decided to grant the request of Jean-Pierre Bemba Gombo for a conditional release until the start of the former Congolese leader's trial for war crimes and crimes against humanity.

Mr. Bemba, the former vice-president of the Democratic Republic of the Congo (DRC), faces charges for alleged crimes committed in the Central African Republic (CAR) between October 2002 and March 2003, including rape, murder and pillaging.

"Today, 14 August 2009, Pre-Trial Chamber II of the International Criminal Court decided to grant the request of Jean-Pierre Bemba Gombo for interim release, albeit under conditions," the Court announced in a news release.

Mr. Bemba will be released once the conditions have been set, and it has been determined which country will take him in until his trial, added the Court, which is based in The Hague.

The ICC also announced that Prosecutor Luis Moreno-Ocampo will today appeal the decision to grant Mr. Bemba conditional release.

The Prosecution "considers that Mr. Bemba, who is still physically in detention in The Hague, should stay in prison. The Appeals Chamber will review whether the decision to release Mr. Bemba is correct."

"The judges of the ICC have confirmed that Mr. Bemba must stand trial to answer the very serious charges that have been brought against him" said Mr. Moreno-Ocampo. "Victims and witnesses can be confident that the trial will take place in the near future and that the Court will continue to guarantee their safety."

The ICC is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes, namely genocide, crimes against humanity and war crimes.
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MORE WORK REMAINS TO ENSURE JUSTICE FOR WAR CRIMES VICTIMS, SAYS HEAD OF ICC

MORE WORK REMAINS TO ENSURE JUSTICE FOR WAR CRIMES VICTIMS, SAYS HEAD OF ICC
New York, Jul 17 2009 1:00PM
The creation of the International Criminal Court (<"http://www.icc-cpi.int/Menus/ICC/Home">ICC) and its achievements to date are vital to ensuring justice for millions around the world, but much more work remains to be done to advance this noble ideal, according to the head of the landmark institution that was established 11 years ago today.

"Where national courts are unwilling or unable to act, the ICC can play a crucial role in delivering justice for victims, in sending a message of deterrence to potential criminals and in contributing thereby to the re-establishment of peace and the rule of law," the Presidency of the Court said in a <"http://www.icc-cpi.int/menus/icc/press%20and%20media/press%20releases/17_07">statement issued for International Justice Day, observed on 17 July.

Based in The Hague, Netherlands, the ICC is an independent, permanent court that investigates and prosecutes people accused of genocide, crimes against humanity and war crimes. It is based on a treaty known as the Rome Statute, of which 109 countries are now States Parties.

The statement noted that the creation of the ICC was a "small but significant" step towards the realization of the vision of a world in which peace and justice prevail in accordance with the rule of law.

Since its creation, the Court has been investigating four situations – the Democratic Republic of the Congo (DRC), northern Uganda, the Darfur region of Sudan, and the Central African Republic (CAR). Each one has been referred to it by the country concerned or by the United Nations Security Council, and the first trial began in January.

Other situations under analysis by the Office of the Prosecutor include Colombia, Afghanistan, Chad, Kenya and Côte d'Ivoire.

"The creation and early achievements of the ICC are only a beginning," the statement noted. "Much more remains to be done to advance the cause of international justice."

This includes strengthening the capacity of national courts to investigate and prosecute serious crimes, and the enforcement of decisions of the ICC or other courts.

"Adherence to and respect for the rule of law must become the norm and not the exception. The ideal of a world governed through law is what motivated the establishment of the ICC, it is what we celebrate today, and it is our aim for the future," added the statement.

The President of the Court is Judge Sang-Hyun Song (Republic of Korea), and its Chief Prosecutor is Luis Moreno-Ocampo (Argentina).

Ambassador Christian Wenaweser of Liechtenstein, who serves as President of the Assembly of States Parties of the ICC, noted that the goal has been, and remains, universal membership in the Court.

"That means that all Member States of the United Nations will become States parties to the Rome Statute," he told a news conference in New York, adding that the expected ratification of the Statute on 21 July by the Czech Republic will bring the number of parties to 110.

Mr. Wenaweser also reminded States of their obligation to cooperate with the Court, particularly in the area of arrests of indictees-at-large, such as Joseph Kony, the leader of the notorious Ugandan rebel group known as the Lord's Resistance Army (LRA).
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MJPC blames the Congolese Government for Deteriorating Situation in East Congo

"There is no excuse for missing to pay salaries to soldiers in lawless eastern Congo for six months" MJPC

Following the deteriorating situation in east Congo, the MJPC called for the Congolese Government to pay the salaries of thousands of soldiers who have not been paid for over six months in east Congo, take swift action to enforce the International Criminal Court's (ICC) warrant against Bosco Ntaganda and to hold accountable perpetrators of sexual violence against women for their acts.

"Faillng to hold accountable individuals who commit war crimes and crimes against humunity continues to be the leading cause of widespread and systematic sexual violence acts against girls and women in the easten Congo" said Makuba Sekombo, Community Affairs Director of the Mobilization for Justice and Peace in the DR Congo (MJPC).

Mr. Sekombo again criticized the government of Congo for not only the continuing failure to protect women and young girls from sexual violence, but also for "encouraging conditions that create opportunities for sexual violence to occur". "There is no excuse for missing to pay salaries to soldiers in lawless eastern Congo for six months" said Sekombo.

The MJPC has also renewed its call for the Congolese government to take urgent needed action to end human rights abuses in east Congo, hold perpetrators accountable and ensure reparation for the victims of sexual violence. The MJPC has been urging the Congolese government to compensate the victims of sexual violence in order to also help combat impunity in eastern part of Congo where sexual violence against women and children has been widely used as weapon of war for more than decade.

MJPC online petition calling for for help to put pressure on Congolese Government to compensate victims of sexual siolence in Eastern DRC can be signed at http://www.gopetition.com.au/online/26180.html MJPC is a nonprofit organization dedicated to working to add a voice in the promotion of justice and peace in the Democratic Republic of the Congo in particular in the East where thousands of innocent civilians, including children and women continue to be victims of massive human rights violations while the armed groups responsible for these crimes remain unpunished.

INTERNATIONAL CRIMINAL COURT RECEIVES MATERIALS ON KENYAN POST-ELECTION VIOLENCE

The Prosecutor of the International Criminal Court (ICC) today received sealed information about persons suspected of being responsible for last year's post-election violence in Kenya from Kofi Annan, the former United Nations secretary-general who helped mediate an end to the deadly clashes.

In a press release issued in The Hague, ICC Prosecutor Luis Moreno-Ocampo said he had received a sealed envelope and supporting materials that had previously been entrusted to Mr. Annan – who is also the Chairman of the African Union Panel of Eminent African Personalities – by a commission investigating the violence that erupted in December 2007 and early 2008.

Mr. Moreno-Ocampo's office has had the situation in Kenya under preliminary examination since last year, and last week a high-level Kenyan Government delegation visited The Hague to discuss the need for accountability for those responsible for the violence.

"The Kenyan authorities, while continuing all efforts to set up national proceedings, have committed to start sharing information on the current status of investigations and prosecutions arising out of the post-election violence, as well as on measures taken to protect witnesses, with a view to assisting the [ICC] Prosecutor's work," the press release noted.

If the efforts to conduct national proceedings fail, the Government agreed last week to refer the situation to the ICC within one year.

"The transmission of documents by Mr. Kofi Annan forms part of these collaborative efforts to ensure that justice is not delayed and that future crimes can be prevented," Mr. Moreno-Ocampo said.

The ICC is an independent, permanent court that investigates and prosecutes people accused of genocide, crimes against humanity and war crimes. It is based on a treaty known as the Rome Statute, of which 109 countries are now States Parties.
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The Registrar addresses the United Nations Human Rights Council

At a session of the United Nations Human Rights Council held today in Geneva, the Registrar of the International Criminal Court (ICC) Ms Silvana Arbia spoke of progress achieved in the evolution of an international criminal justice system of which the ICC is a part, and the importance of conducting national prosecution of serious international crimes in order to put an end to impunity.

In her address to the 11th session of the Council, the Registrar explored synergies between human rights protection and the prevention of serious international crimes, especially with regard to the rights of victims. She acknowledged the significant efforts made by human rights defenders to support the ICC. “They are courageously and fervently pursuing their work in support of the noble cause of justice,” she said.

Ms Arbia provided an update on the latest judicial developments of the situations and cases currently before the Court: Central African Republic , the Democratic Republic of the Congo , Darfur in the Sudan and Uganda . She explained that of four individuals under ICC custody, one is facing trial, and three more are waiting for their trials scheduled to commence before the end of the year. Eight suspects remain at large.

Ms Arbia stressed the crucial importance of effective co-operation from States to successfully execute the Court’s mandate. She noted that States Parties have a binding obligation to enforce warrants of arrest. In case of the Security Council referral of the Darfur situation, the obligations to co-operate are set out in Resolution 1593, adopted under Chapter VII of the Charter of the United Nations.

She finally mentioned the challenges faced by the Court, including those related to the way the Rome Statute is interpreted, and its operations in situations of ongoing conflict. She emphasised that despite these challenges, significant progress had been made, especially with regard to developing the jurisprudence on the rights of victims. The Registrar noted that opening offices in the field has made it possible for the Court to carry out activities to overcome a number of challenges related to investigations, victims and witness protection, and ensuring that the Court’s judicial mandate and proceedings are well understood and expectations from the public are realistic.

NEWSMAKER: RIGHTS ABUSERS MUST BE STOPPED, STARTING AT THE TOP – ICC PROSECUTOR

NEWSMAKER: RIGHTS ABUSERS MUST BE STOPPED, STARTING AT THE TOP – ICC PROSECUTOR
New York, Jun 5 2009 6:00PM
Holding leaders accountable for human rights abuses can take time, but they must face justice, according to Luis Moreno-Ocampo, who has made a career of going after top officials, starting in his native Argentina and more recently in The Hague as Prosecutor for the International Criminal Court (<"http://www.icc-cpi.int/Menus/ICC?lan=en-GB">ICC).

As a young lawyer, Mr. Moreno-Ocampo was appointed Deputy Prosecutor in the military junta trials against Argentinean generals and other authorities accused of human rights crimes during the so-called "dirty war" years from 1976 to 1983, when thousands disappeared.

"The first case was against some of the top commanders of the junta, including the former president, so we started right at the top," he said in an interview with the UN News Centre, as part of its <"http://www.un.org/apps/news/newsmakers.asp?NewsID=13">Newsmaker profile series.

Nine senior commanders, including three former heads of State, were indicted during the trials, and five were convicted.

Initially, the country was not behind the prosecution of its former leaders, Mr. Moreno-Ocampo recalled, noting that even his own mother criticised the proceedings.

"I could not convince my own mother, so it was not easy. But when the trial started, the most interesting lesson I learned was that the trial educated the entire population," he said. "In fact, my mother called me two weeks after the trial started and said 'you were right, I was wrong.'"

Mr. Moreno-Ocampo thought prosecuting the junta trials, at the age of 32, was the peak of his career. But that was until he received a call from the ICC six years ago.

"The job was an extremely exciting opportunity. I think it's the most fascinating legal institution ever created," he said of the Court, set up by the 1998 Rome Statute to help end impunity for the perpetrators of war crimes, crimes against humanity and genocide.

As Prosecutor, he has opened investigations in the Central African Republic (CAR), the Democratic Republic of the Congo (DRC) and Uganda, as well as in Sudan's strife-torn Darfur region.

As he had during the junta trials in Argentina, Mr. Moreno-Ocampo again went after those alleged to have sent out orders to commit some of the worst atrocities imaginable, the most high-profile being Sudanese President Omar Al-Bashir.

"I focused on the top people. Because of my experience in Argentina I knew we could not prosecute middle- ranking officers, which made our lives more difficult," he said.

"The most important issue is to prove that what happened in Darfur is a massive campaign against the civilians orchestrated by the top leader of the country, because that has important consequences."

In March, ICC judges issued an arrest warrant for Mr. Al-Bashir, the first sitting head of State to be indicted by the Court, for alleged war crimes committed in Darfur, where an estimated 300,000 people have died and another 3 million have been displaced by fighting since 2003 between rebels and government forces and their allied Arab militiamen, known as the Janjaweed.

The Sudanese President has been indicted on two counts of war crimes and five counts of crimes against humanity, but the ICC pre-trial chamber found there was insufficient evidence to charge him with genocide, noting that if the prosecution presents additional evidence the warrant could be amended at a later date.

"The important thing is for the international community to send a strong message that this cannot happen, a head of State cannot commit crimes against his own citizens, and he has to be stopped," stressed the Prosecutor. "Omar Al-Bashir has to face the Court."

Mr. Moreno-Ocampo stressed this point again as he updated the Security Council today on his investigations into crimes in Darfur.

"International experiences as the case of Slobodan Milosevic and Charles Taylor, or national experiences, tell us that the implementation of a judicial decision against a head of State is a process that can take time, months or years," he told the 15-member body.

"In the end, however, they all faced justice."

To date, six of the 13 men indicted by the ICC are still at large, including Mr. Al-Bashir. One has been confirmed dead and another suspected to have died, while four are in custody awaiting trial in The Hague.
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ICC CONSIDERS ADMISSIBILITY MOTION IN CASE OF CONGOLESE MILITIA LEADER

ICC CONSIDERS ADMISSIBILITY MOTION IN CASE OF CONGOLESE MILITIA LEADER
New York, Jun 1 2009 3:00PM
The International Criminal Court (<"http://www.icc-cpi.int/NR/exeres/6330CCF6-1A4A-4133-8044-6753FDA54F70.htm">ICC) began public hearings today to consider challenges by defense lawyers to the admissibility of the case against alleged Congolese militia commander Germain Katanga.

This is the first time that the Court, which is based in The Hague, Netherlands, will take up a challenge to admissibility based on the complementarity principle, according to a news release.

The Counsel of the accused maintain that legal proceedings were brought against him – partly for the same crimes – before the courts in the Democratic Republic of the Congo (DRC).

The principle of complementarity requires the Court not to investigate or prosecute individuals unless the State concerned is genuinely unable to or has no intention to carry out the investigation or prosecution. The principle gives precedence to national systems.

A senior commander from the group known as the Force de Résistance Patriotique en Ituri (FRPI), Mr. Katanga was arrested and transferred to the Court in October 2007.

He faces three counts of crimes against humanity and six counts of war crimes for a deadly assault on the village of Bogoro, in the province of Ituri. Hundreds of people were killed and many women forced into sexual slavery in that February 2003 attack.

In March 2008, the Court decided to join his case and that of accused Congolese militia leader Mathieu Ngudjolo Chui of the Nationalist Integrationist Front (FNI) – who is alleged to have played a key role in designing and carrying out the Bogoro attack – into one single case of war crimes and crimes against humanity.
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ICC/Darfur: Court Acts to Protect African Peacekeepers

Rebel Commander Expected to Appear Before the International Criminal Court

May 17, 2009

(New York) - The decision by the International Criminal Court (ICC) to summon a rebel leader allegedly responsible for the killing of African Union peacekeeping forces in Darfur underscores the gravity of attacks against those deployed to protect civilians, Human Rights Watch said today. Rebel commander Bahar Idriss Abu Garda is expected to appear voluntarily before ICC judges tomorrow to respond to the summons.

Bahar Idriss Abu Garda has been charged with war crimes stemming from an assault on an African Union base in Haskanita, South Darfur, Sudan on September 30, 2007 that killed 12 peacekeepers and civilian police officers from the African Union Mission in Sudan (AMIS). At least eight others were seriously wounded. Abu Garda will be the first person to appear in relation to the ICC's Darfur investigation since it was opened in June 2005.

"This case signals the seriousness of deliberately attacking peacekeepers who are defending civilians," said Richard Dicker, International Justice Program director at Human Rights Watch. "We welcome Bahar Idriss Abu Garda's appearance at the court, which contrasts starkly with the Sudanese government's relentless obstruction of justice to the victims in Darfur."

The Rome Statute of the ICC allows the pretrial chamber to issue a summons to appear rather than an arrest warrant if the judges are satisfied that a summons is sufficient to ensure that the person will appear before the court. The ICC prosecutor made a request for a summons to appear in February 2009.

Peacekeepers are responsible for essential civilian protection activities, including patrols to protect women and girls when they leave displaced-persons camps to collect grass, firewood, and water. When these escorts have been provided, they have reduced the risk of rape and other sexual violence that is still widespread across Darfur. Repeated attacks on international peacekeepers have compromised the effectiveness of peacekeeping operations in Darfur, though. In the months following the Haskanita attack, AMIS adopted stricter security guidelines, curtailed all its activities, and confined staff to their bases, severely limiting its ability to protect civilians.

Security concerns remain a serious obstacle for the joint African Union-United Nations peacekeeping mission (UNAMID) that took over peacekeeping in Darfur on December 31, 2007. The peacekeepers have repeatedly come under direct attacks from both rebel and Sudanese government forces, which have killed nearly a dozen peacekeepers since July 2008 - including two peacekeepers since March 2009 - and wounded many more. Since then, all of Darfur has remained at "UN Security Level 4," the second-highest security level, which is severely hampering the humanitarian operation.

"Attacks on peacekeepers further weaken the already-fragile security situation in Darfur," said Dicker. "While rebel attacks have not been on the same scale as the crimes committed in the Sudanese government's counterinsurgency campaign, they are nonetheless serious crimes that also have major implications for civilians."

Those killed during the attack on the Haskanita base included peacekeepers from four African countries. The African Union conducted its own investigation and in October 2007 issued a statement that identified the need to "bring the culprits to international justice." More recently, several North African states that are not ICC members have been critical of the court because of its focus on Africa to date. Although all four of the ICC's current investigations are in Africa, three were referred voluntarily by the governments where the crimes were committed, while the Darfur situation was referred by the UN Security Council.

"The criticism coming from a few non-ICC members that the court is anti-African inexplicably ignores the thousands of African victims whom the court is fighting to defend," said Dicker. "This criticism is even more dubious given the court's effort to try those allegedly responsible for attacks on peacekeepers from Botswana, Mali, Nigeria, and Senegal."

On March 4, 2009, the ICC issued a warrant for the arrest of President Omar al-Bashir of Sudan for war crimes and crimes against humanity in Darfur. The Sudanese government responded by expelling international aid agencies that provided life-saving assistance to more than a million people from Sudan, and blaming the ICC, adding further to the widespread abuses in which al-Bashir has been implicated.

Background

On March 31, 2005, the UN Security Council referred the situation in Darfur to the ICC prosecutor. The resolution requires the government of Sudan and all parties to the conflict to cooperate fully with the court and the prosecutor. In addition to President al-Bashir, the court has issued arrest warrants for two other men, the state minister for humanitarian affairs, Ahmed Haroun, and a "Janjaweed" militia leader, Ali Kosheib. Sudan has refused to hand over all suspects.

In November 2008, the ICC prosecutor submitted an application to the judges for arrest warrants for three rebel leaders, including Bahar Idriss Abu Garda, in relation to the Haskanita attack. In his application, the prosecutor charged the three suspects with war crimes for: murder and causing severe injury to peacekeepers; intentionally directing attacks against personnel, installations, material, units, or vehicles involved in a peacekeeping mission; and pillaging. Judges are still examining the allegations in relation to the two remaining rebel suspects whose names have not been publicly released. In February 2009, the ICC prosecutor informed the court that due to the stated willingness of the three commanders to appear voluntarily, a summons to appear would be sufficient.

Darfur rebel hands himself over to ICC

The Aegis Trust welcomes the arrival in the Hague of Bahar Idriss Abu Garda, leader of the United Redemption Front (URF), in response to the summons issued under seal by the International Criminal Court on 7 May for his suspected role in the attack on the African Union base at Haskanita, North Darfur, in October 2007. This is the first time that an individual charged with crimes under international law has presented himself to court in response to a summons.

"Attacks on peacekeepers can never be tolerated and those responsible must be brought to justice," says Dr James Smith, Chief Executive of the Aegis Trust. "Abu Garda's arrival in the Hague increases the pressure on others to follow suit, not least the Sudanese Government, which has so far refused even to recognise the authority of the ICC, never mind send any of the suspects in its ranks to the Hague."

Abu Garda is one of the three rebel commanders previously subject to sealed indictments for the Haskanita attack, in which twelve AU peacekeepers were killed. It is widely believed that the URF is not the only rebel group facing the sealed indictments. The other suspects have yet to come forward, although the leaders of all the major rebel groups in Darfur have made statements of intent to cooperate with the ICC - most explicitly in a short film released through the Sudan Tribune on 2 March this year (see http://www.sudantribune.com/spip.php?article30331).

TOP UN OFFICIAL CALLS FOR GREATER COLLABORATION TO DELIVER AID TO DARFUR

TOP UN OFFICIAL CALLS FOR GREATER COLLABORATION TO DELIVER AID TO DARFUR
New York, May 11 2009 6:00PM
The United Nations emergency relief chief has urged increased cooperation in responding to the humanitarian crisis in Sudan, as he wrapped up a five-day visit to the vast African country.

As part of his trip, Under-Secretary-General for Humanitarian Affairs John Holmes assessed conditions for people in the war-ravaged Darfur region on the western flank of Sudan.

In early March, Khartoum kicked out 13 international non-governmental organizations (NGOs) and revoked the permits of three local groups providing emergency relief assistance in Darfur after the International Criminal Court (<"http://www.icc-cpi.int/Menus/ICC?lan=en-GB">ICC) in The Hague issued an arrest warrant for President Omar Al-Bashir for war crimes and crimes against humanity committed in the region.

"The expulsions by the Government and the manner in which they were carried out created both major new risks for vulnerable populations in Darfur and elsewhere, and a crisis of confidence with the humanitarian community," said Mr. Holmes, who is also Emergency Relief Coordinator.

He welcomed, however, recent collaboration with the Government on the joint assessment in Darfur, and noted that short-term needs in food, health and nutrition, emergency shelter, water and sanitation were being met.

"As the rainy and lean season approach, we are still grappling with the gaps left in many areas," added Mr. Holmes. "The critical test will be over the coming months" in Darfur, where an estimated 300,000 people have been killed and another 2.7 million have been forced from their homes since 2003.

Voicing concern over the world body's ability to deliver basic longer-term needs, he underscored the importance of the "loosening of bureaucratic impediments currently constraining the humanitarian community" for the UN and others to "fill the gaps."

Mr. Holmes highlighted the success of the first meeting of an expanded High Level Committee, which aims to monitor and solve humanitarian problems, and monitor the operation of existing agreements. "Agreement was reached on what we hope will be an effective monitoring mechanism at the state, national, and international levels, and a strengthened aid delivery system."

In his discussions with officials in Khartoum and North Darfur, Mr. Holmes also called attention to the increasingly dangerous conditions for aid workers in Darfur, which has seen a rise in banditry and two particularly worrying kidnappings since the expulsions of NGOs.

The joint UN-African Union peacekeeping mission in Darfur, known as <"http://www.un.org/Depts/dpko/missions/unamid/">UNAMID, reported that in the last three days the security situation had been relatively tense, with a shooting reported in El Fasher, the capital of North Darfur.

UNAMID also reported a number of carjacking incidents in both North and South Darfur, along with a surge of banditry targeting UN personnel in North Darfur, including a spate of burglaries. There were also reports of sporadic armed clashes between government forces and the Central Reserve Force in El Fasher's main market resulting in two deaths.

Fighting between the Justice and Equality Movement (JEM) and Sudanese Liberation Army/Minni Minawi wing (SLA/MM) sparked off over the weekend in the North Darfur town of Umm Baru. UNAMID transported 26 people injured in the fighting to El Fasher for medical treatment at the military hospital.

More than one year on from transferring the task of suppressing the violence in Darfur to UNAMID from the AU Mission in Sudan (AMIS), well over 12,000 of the 19,555 military personnel authorized by the Security Council are now in place across the region.
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BAN: AID WORKERS’ EXPULSION FROM SUDAN IMPEDING PEACEKEEPING, RELIEF EFFORTS

The expulsion of humanitarian and human rights agencies from Sudan following the issuance of an arrest warrant for the Sudanese president for war crimes is thwarting the United Nations' efforts in peacekeeping and humanitarian aid, Secretary-General Ban K-moon said.

Mr. Ban characterized the Government's decision to eject 16 humanitarian and human rights non-governmental organizations (NGOs), following the indictment on 4 March of President Omar Al-Bashir by the International Criminal Court (ICC), as an "extremely negative" development.

"While joint United Nations-Government of the Sudan efforts can address some of the most critical gaps in aid delivery in the coming weeks, the cumulative effects over time of the removal of such a large amount of humanitarian capacity puts well over 1 million people at life-threatening risk," he wrote in his latest report to the Security Council on the deployment of the hybrid UN-African Union (AU) peacekeeping mission in the war-torn Darfur region.

The start of the rainy season next month could exacerbate the already dire situation, he added.

The Secretary-General called on authorities to urgently "re-establish an atmosphere of trust and mutual confidence with the humanitarian community," stressing the importance of cooperation to fill the most immediate gaps.

The impact of the expulsions on the work of the UN-AU mission, known as UNAMID, cannot be underestimated, he said. "A significant disruption in the provision of humanitarian assistance will almost certainly lead to a serious heightening of tensions among internally displaced persons [IDPs], particularly in the larger camps for the displaced."

As a result, the risk of violence could rise, complicating UNAMID's ability to carry out its protection mandate, Mr. Ban underlined.

He also voiced concern over continued insecurity – including clashes between Government forces and armed groups, the recurrence of tribal fighting and the build-up of troops along the Chad-Sudan border – which has impeded the mission's ability to visit locations to assess the impact of bombardments on civilians.

The Secretary-General wrote that the security of UN and associated personnel is also a critical issue, with vehicle hijackings and compound invasions growing increasingly deliberate in nature.

"The latest security developments highlight, once again, the fundamental challenges that UNAMID continues to face while operating in an environment where the parties show no intent to give up the use of force, and further underscore the urgent need for a comprehensive settlement to the Darfur crisis," he said.

An estimated 300,000 people have been killed in Darfur and another 2.7 million have been forced from their homes since fighting erupted in 2003, pitting rebels against Government forces and allied Janjaweed militiamen.

In spite of the challenges UNAMID faces, Mr. Ban said that the mission has "been able to make a difference on the ground."

But the report called on Member States to provide critical equipment, especially military helicopters, to increase UNAMID's mobility and operational impact.
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ARMED MEN CARJACK PEACEKEEPER’S VEHICLE IN NORTH DARFUR, UN REPORTS

Two unidentified gunmen carjacked a vehicle last night from United Nations-African Union (AU) peacekeeping operation in Darfur (UNAMID), the mission in the violence-torn region of Sudan reported today.

The driver of the vehicle, an international UN staff member, was unhurt by the two armed men who stole the car in El Fasher, the capital of North Darfur.

Over the past month, UNAMID has reported a rise in attacks on peacekeeping staff, carjacking, other banditry, and harassment of civilians in Darfur.

There has also been concern over the safety of humanitarian workers, many of whom have been ordered to leave the region following the indictment on 4 March of Sudanese President Omar Al-Bashir by the International Criminal Court (ICC) for alleged war crimes and crimes against humanity committed in the region.

Meanwhile, in the past day UNAMID conducted 22 confidence-building patrols, 19 escort patrols and five night patrols covering 35 villages and camps for internally displaced persons (IDPs). The mission's police also conducted close to 100 patrols in and around villages and IDP camps.

As part of its capacity building efforts, UNAMID police began a five-day training programme in criminal investigation for Sudanese police in Nyala, South Darfur.

UNAMID was set up by the Security Council to protect civilians in Darfur, where an estimated 300,000 people have been killed and another 2.7 million have been forced from their homes since fighting erupted in 2003, pitting rebels against Government forces and allied Janjaweed militiamen.

More than one year on from transferring the task of suppressing the violence to UNAMID from the AU Mission in Sudan (AMIS), over 12,000 of the 19,555 military personnel authorized by the Security Council are in place across Darfur.
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EGYPTIAN TROOPS ARRIVE IN DARFUR TO BOOST AFRICAN UNION-UN FORCE

The hybrid United Nations-African Union (AU) peacekeeping force in Darfur, known as UNAMID, received a boost today from the arrival of 100 personnel from the second Egyptian Infantry Battalion.

Another 100 troops from the battalion are slated to arrive tomorrow in the strife-torn western flank of Sudan as a meeting of the Tripartite Committee – comprising the Government of Sudan, the AU and the UN – is scheduled to take place for the first time in Darfur.

Under-Secretary-General for Field Support Susana Malcorra is expected to attend the meeting in El Fasher, the capital of North Darfur, which will examine ways to facilitate and expedite deployment of the AU-UN peacekeeping operation in the region.

The hybrid force was set up by the Security Council to protect civilians in Darfur, where an estimated 300,000 people have been killed and another 2.7 million have been forced from their homes since fighting erupted in 2003, pitting rebels against Government forces and allied Janjaweed militiamen.

More than one year on from transferring the task of suppressing the violence to UNAMID from the AU Mission in Sudan (AMIS), well over 12,000 of the 19,555 military personnel authorized by the Security Council are now in place across Darfur.

In related news, UNAMID reported that an investigation team was dispatched to a fire that broke out last night at the Al Riyad camp for internally displaced persons (IDPs), near El Geneina in West Darfur. As well as leaving a large number of people homeless, the blaze caused heavy damage to about 35 shelters and the loss of many animals.

This follows last week's arson attack in the West Darfur Abu Zar camp for IDPs in which two people were killed and three were rushed to hospital in El Geneina with serious injuries.

Meanwhile, the hybrid peacekeeping force characterized the security situation in Darfur for the past 72 hours as relatively calm apart from a few incidents of banditry and carjacking in both North and West Darfur. In the past few weeks, UNAMID has reported a rise in attacks on peacekeeping staff and harassment of civilians in the region.

There has also been concern recently over the safety of humanitarian workers, many of whom have been ordered to leave the region following the indictment earlier this month of Sudanese President Omar Al-Bashir by the International Criminal Court (ICC) for alleged war crimes and crimes against humanity committed in Darfur.
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FROM GAZA TO SUDAN, BAN HIGHLIGHTS CRISES CONFRONTING ARAB WORLD

From the widening fallout of the global economic crisis to the suffering of victims of armed conflict, the Arab world faces insecurity today and the potential for more tomorrow, Secretary-General Ban Ki-moon told the Summit of the League of Arab States in Doha today.

"The toll in human lives and deferred development has been tragically high," he said in his address to the gathering. "The region's large groups of refugees and internally displaced persons continue to live with their dignity under attack and with little ability to plan for their futures."

Mr. Ban said he remained gravely concerned about the situation is Gaza, which is dealing with the aftermath of the three-week offensive launched by Israel in late December 2008.

"The people of Gaza are suffering, and the situation at the crossings is intolerable," he stated, asserting that the way forward is a durable ceasefire, open crossings, and Palestinian reconciliation.

On Sudan, the Secretary-General urged the Government once again to reverse its decision to expel key international non-governmental organizations (NGOs), and suspend the work of three national NGOs that provide life-sustaining services for more than one million people.

The Sudanese Government took that decision on 4 March, immediately after the International Criminal Court (ICC) issued an arrest warrant for President Omar Al-Bashir, who was also present at today's Summit in the Qatari capital.

"Despite the efforts of Sudanese line ministries, UN agencies and the remaining NGOs, the gaps cannot be filled with existing capacities," Mr. Ban noted concerning the humanitarian crisis in the western Darfur region of the country. "Relief efforts should not become politicized. People in need must be helped irrespective of political differences."

Turning to another hot-spot on the continent, he said the present situation in Somalia offers a "rare window of opportunity," and urged immediate support for the new Government that was sworn in last month.

"Those of us with influence on the groups remaining outside of the peace process should call on them to join for the sake of national reconciliation," Mr. Ban said, adding that more must also be done to promote security on the ground, including by supporting the African Union mission there (AMISOM) and Somali security forces at an upcoming donor conference.

The Secretary-General also highlighted the multiple elections taking place this year in Iraq to strengthen democratic representation, advance the political process and promote stability, and said he looked forward to free and transparent polls on 7 June in Lebanon.

While in Doha, Mr. Ban held bilateral talks today with the Secretary-General of the League of Arab States, Amre Moussa, as well as with the Secretary-General of the Organization of the Islamic Conference, the Foreign Minister of Norway and the President of the United Arab Emirates.

Yesterday, he held separate meetings with the Emir of Qatar and the Presidents of Lebanon, the Palestinian Authority, Somalia and Syria.

Tomorrow the Secretary-General will open the International Conference on Afghanistan in The Hague, which will assess the current political, security and development issues in the South Asian nation.
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Arab States: Press Sudan on Darfur Aid

The Sudanese leadership has sunk to a new low by ousting humanitarian organizations from Darfur in retaliation for the ICC's warrant against al-Bashir. The League of Arab States could help save thousands of lives by pressing Khartoum to reverse the expulsions.

Richard Dicker, director of Human Rights Watch's International Justice Program

Use Summit to Urge Reversal of Humanitarian Groups' Expulsions

The League of Arab States should call on Sudan to urgently readmit humanitarian aid groups to Darfur, Human Rights Watch said in a letter released today. Arab League foreign ministers will discuss the situation in Sudan when they meet on March 30, 2009, at their annual summit in Doha, Qatar.

On March 4, the International Criminal Court (ICC) issued a warrant for President Omar al-Bashir of Sudan on seven counts of war crimes and crimes against humanity for his role in massive atrocities in Darfur. Within hours, the government ordered key relief organizations in Darfur to leave Sudan. These organizations were supplying food and water to 1.1 million people and medical care to 1.5 million. The government also forcibly closed three Sudanese aid and human rights organizations.

"The Sudanese leadership has sunk to a new low by ousting humanitarian organizations from Darfur in retaliation for the ICC's warrant against al-Bashir," said Richard Dicker, director of Human Rights Watch's International Justice Program. "The League of Arab States could help save thousands of lives by pressing Khartoum to reverse the expulsions."

It was unclear whether al-Bashir would attend the summit in Doha. ICC member states have a legal obligation to arrest persons under ICC warrant. The UN Security Council has urged states that are not party to the court, such as Qatar, to cooperate with its work.

The Sudanese government has claimed that the remaining international and national organizations in Sudan will be able to cover gaps left by the organizations expelled. That is unlikely, especially for assistance that requires specialized skills such as medical care, Human Rights Watch said. The 13 international organizations expelled were responsible for 40 to 50 percent of the aid operation in north Sudan, including in Darfur.

Human Rights Watch called on the League of Arab States to send a mission to Sudan to investigate for itself the full impact of the expulsion of aid organizations.

Neither the League of Arab States nor the African Union has commented publicly on the expulsion of aid agencies. Both have raised suspension of the ICC prosecution of al-Bashir based on article 16 of the ICC's statute. This article allows the Security Council to defer an ICC investigation or prosecution for renewable 12-month periods under the council's Chapter VII authority to preserve international peace and security.

"The Arab League should not reward Sudan's behavior by supporting a suspension of al-Bashir's case, which would only encourage further abuses," said Dicker.

A deferral of the ICC's case against al-Bashir would risk fuelling more crimes and impunity for atrocities, Human Rights Watch said. Once a deferral took effect, the Sudanese government could threaten violence and offer empty promises to secure continued suspensions of al-Bashir's case. Human Rights Watch noted that the Arab League proposed that Sudan conduct national trials of serious crimes in the summer of 2008, but that no such trials have taken place.

Some nations have argued that the ICC's actions threaten peace efforts in the region. Human Rights Watch noted that the peace process in Darfur has long been stalled because of lack of political will to end the conflict, a factor unrelated to the ICC arrest warrants.

Some African and Arab governments have argued that the ICC is unfairly targeting African states. While the court's first four investigations are in Africa, three of these were voluntarily referred by African governments where the crimes were committed. The fourth, Darfur, was referred by the UN Security Council.

The League of Arab States has called for an investigation of crimes committed in the recent Gaza conflict. Human Rights Watch has also called for an impartial, international investigation of crimes by all sides in the Gaza conflict as a first step toward ensuring justice. The Palestinian Authority has asked the ICC to investigate crimes committed in Gaza and the ICC is currently assessing whether it has the authority to investigate.

"The International Criminal Court is pro-victim, not anti-African or anti-Arab," said Dicker. "The pursuit of justice for serious international crimes wherever they are committed is vital."