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.

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."