ICC: There are grounds to believe Sudan’s warring sides are committing crimes in Darfur (Edith Lederer)

NOTE from Sudan Watch Editor: A 2-week deadline set by IGAD for Messrs Burhan and Hemeti to meet has passed. It is easy to understand why Gen Burhan has refused meetings. Even if Hemeti agrees to make his fighters leave Khartoum, he and his words cannot be trusted. He should be jailed. Meanwhile: ICC prosecutor says there are grounds to believe Sudan’s warring sides are committing crimes in Darfur; Sudan leaves regional bloc IGAD over attempt to end war; The US offers reward for arrest of ex-minister accused of Darfur war crimes. More in three reports here below.

 

From Associated Press (AP)
BY EDITH M. LEDERER
Updated 12:02 AM GMT, January 30, 2024 - here is a copy in full:

ICC prosecutor: There are grounds to believe Sudan’s warring sides are committing crimes in Darfur

UNITED NATIONS (AP) — The International Criminal Court’s prosecutor told the U.N. Security Council Monday his “clear finding” is that there are grounds to believe both Sudan’s armed forces and paramilitary rivals are committing crimes in the western Darfur region during the country’s current conflict.

Karim Khan, who recently visited neighboring Chad where tens of thousands of people from Darfur have fled, warned that those he met in refugee camps fear Darfur will become “the forgotten atrocity.” He urged Sudan’s government to provide his investigators with multiple-entry visas and respond to 35 requests for assistance.

Sudan plunged into chaos last April when long-simmering tensions between the military, led by Gen. Abdel Fattah Burhan, and the Rapid Support Forces paramilitary, commanded by Mohammed Hamdan Dagalo, erupted into street battles in the capital, Khartoum, and other areas.

Darfur, which was wracked by bloodshed and atrocities in 2003, has been an epicenter of the current conflict, an arena of ethnic violence where paramilitary troops and allied Arab militias have been attacking African ethnic groups.

The fighting has displaced over 7 million people and killed 12,000, according to the United Nations. Local doctors’ groups and activists say the true death toll is far higher.

In 2005, the Security Council referred the situation in Darfur to the ICC, and prosecutor Khan has said the court still has a mandate under that resolution to investigate crimes in the vast region.

He told the council: “Based on the work of my office, it’s my clear finding, my clear assessment, that there are grounds to believe that presently Rome Statute crimes are being committed in Darfur by both the Sudanese armed forces and the Rapid Support Forces and affiliated groups.”

The Rome Statute established the ICC in 2002 to investigate the world’s worst atrocities — war crimes, crimes against humanity and genocide — and the crime of aggression.

In Darfur, Khan warned, the world is confronted with “an ugly and inescapable truth” relating back to the original conflict.

“The failure of the international community to execute the warrants that have been issued by independent judges of the ICC has invigorated the climate of impunity and the outbreak of violence that commenced in April that continues today,” he said.

“Without justice for past atrocities, the inescapable truth is that we condemn the current generation, and if we do nothing now, we condemn future generations to suffering the same fate,” Khan said.

Sudan’s U.N. Ambassador Al-Harith Mohamed countered that the government has cooperated with the prosecutor’s office and is waiting for a visit from him. He accused the ICC of not taking into consideration its “strategic engagement and the operational realities on the ground.”

Mohamed called the Rapid Support Forces a “militia” and accused it of committing wide-scale, systematic attacks which aim “to force ethnic cleansing and identity killing” of Darfur’s Masalit ethnic community. He said it’s up to the prosecutor to determine if this amounts to genocide.

The Sudanese ambassador said the armed forces don’t call for war but are compelled to defend the country, stressing that soldiers spare no effort to minimize collateral damage and comply with the laws of war including proportionality.

The 2003 Darfur conflict began when rebels from the territory’s ethnic sub-Saharan African community launched an insurgency accusing the Arab-dominated government in Khartoum of discrimination and neglect.

The government, under then President Omar al-Bashir, responded with aerial bombings and unleashed local nomadic Arab militias known as the Janjaweed, who are accused of mass killings and rapes. Up to 300,000 people were killed and 2.7 million were driven from their homes.

Khan told the council Monday it was “quite stunning” in visiting different refugee camps in Chad that people who lived through the Darfur confllict from 2003 told him spontaneously that what is happening today “is the worst ever.”

“And they’re very grateful to the council for casting a lifeboat on the high seas for them to clamber aboard,” the prosecutor said. “They want justice and they see the ICC is a very important vehicle to ensure that they’re not forgotten, or they drown unseen and unheard.”

Last April, the first ICC trial to deal with atrocities by Sudanese government-backed forces in Darfur began in The Hague, Netherlands. The defendant, Janjaweed leader Ali Muhammad Ali Abd–Al-Rahman, also known as Ali Kushayb, pleaded innocent to all 31 charges of war crimes and crimes against humanity.

Khan urged the parties to the ongoing conflict to respond “meaningfully” to requests for assistance from Abd-Al-Rahman’s defense team.

The prosecutor said he was pleased to report to the council that there has been “progress” in the ICC cases against former president al-Bashir and two senior government security officials during the 2003 Darfur conflict, Abdel-Rahim Muhammad Hussein and Ahmed Haroun.

“We’ve received evidence that further strengthens those particular cases,” Khan said. The three have never been turned over to the ICC, and their whereabouts during the current conflict in Sudan remain unknown.

View original: https://apnews.com/article/un-icc-sudan-military-paramilitary-darfur-crimes-a782e1376ab91a2f7b9dcbd276d379f9

_________________________

Related

Report at BBC News UK

Dated 20 January 2024

Igad: Sudan leaves regional bloc over attempt to end war

Sudan is suspending its membership of north-east African bloc Igad over an attempt to mediate the brutal conflict in the country. Igad has been trying to end the nine month-long war between Sudan's army and rival paramilitary group the Rapid Support Forces (RSF). On Thursday Sudan's government criticised Igad for inviting the RSF's chief to a summit.

Full story: https://www.bbc.co.uk/news/world-africa-68041134

Report at Sudan Tribune

Dated 29 January 2024

U.S. offers reward for arrest of ex-minister accused of Darfur war crimes

The United States Department of State has announced a reward of up to $5 million for information leading to the arrest of Sudan’s former Minister of State for the Interior, Ahmad Mohammad Harun, who is accused of war crimes and crimes against humanity in Darfur. The State Department’s designation of Harun under the War Crimes Rewards Program is a significant step towards bringing him to justice for his alleged crimes. The program has a proven track record of success, having helped to bring over 20 war criminals to justice. Harun, who has been wanted by the International Criminal Court (ICC) since 2007, is accused of mobilizing, funding, and arming the Janjaweed militia, a notorious group responsible for widespread atrocities in Darfur.

Full story: https://sudantribune.com/article281808/

END

Statement of ICC Prosecutor, Karim A.A. Khan QC, to the United Nations Security Council on the Situation in Darfur, pursuant to Resolution 1593 (2005)

Statement : 17 January 2022

Statement of ICC Prosecutor, Karim A.A. Khan QC, to the United Nations Security Council on the Situation in Darfur, pursuant to Resolution 1593 (2005)

Thirty-Fourth report: EN | FR | Arabic

Madam President, your Excellency,
Distinguished members of the Council,

1. Firstly may I congratulate Norway for its presidency of the Council this month. It is a real honour to have the opportunity in this new year to present the 34th report of the Prosecutor of the ICC in relation to the Darfur situation in Sudan, pursuant to Resolution 1593 that the Council passed of course in 2005. Despite the strictures of COVID and the wearing of masks, it is wonderful even with these constraints to be here in person.

2. I would like to begin Madam President, if I may, by recalling what I said when I was meeting with Darfur survivors and victims, when I was in Khartoum on the 17th of August last year. I convened a meeting with Darfur civil society. Many individuals have been struggling for almost two decades for something that should be simple but seems extremely complex, namely justice, a modicum of accountability that underlines the fact that every life matters. They have struggled and they have shown perseverance, in relation to crimes that have unfortunately characterised a generation at least of men, women and children. It was that suffering that led this Council to use its Chapter VII powers in 2005 and refer the situation to the ICC. I share the frustrations, the impatience and the hopes of those survivors that that singular moment, the first referral by the Council to the ICC, will reap dividends. Expectations are not unreasonable, it is simply that there should be some justice.

3. The victims, the survivors, the people of Darfur have shown that persistence, but it is important, as I said in my interactions with Sudanese government members, that this referral cannot be a never-ending story. It cannot be. We are approaching middle age: 34 reports. We need collectively to do better – my Office of course, but also this Council – to make sure the promise and the purpose of the referral is wedded with concrete action. There is sign for hope, and there has been progress notwithstanding difficulties that remain. In July of this year, all 31 charges relating to a notorious Janjaweed leader, Ali Kushayb, were confirmed and the trial has been set down to start on the 5th of April of this year. The charges include war crimes, crimes against humanity, murder, rape, torture, attacks against the civilian population in Wadi Salih and Mukjar. That's an important moment. This year in just three months' time, the promise of the Council will start being demonstrated in action by the allegations that the Office have proffered, being placed before independent and impartial judges.

4. At the same time, outreach is important. And also I am hoping to work with the Registry of the Court to make sure there is an organised and effective outreach program so that Sudanese people in Sudan, in Darfur or outside can follow the proceedings because they have a right to know what happened, and they have a right to see the truth. But the Ali Kushayb case is one case; there are of course four warrants outstanding: The case against former President Omar al-Bashir; the case against the former Minister of Interior, Abdul Raheem Mohammad Hussein; the former Governor of South Kordofan, Ahmad Harun; and the case against the former JEM rebel Commander Abdullah Banda. In relation to Abdullah Banda, I recused myself from that case and that case is being supervised directly by the Deputy Prosecutor.

5. It is important, as I said in relation to my Libya briefing in December, that during my term I wish to prioritise cases that have been referred by the Council. And I started that in the Sudan situation by conducting a review of the evidence to look at the strength of those cases. And I also ensured additional resources are brought into that case so that we can hopefully be more effective. But the reality is this: that for a variety of reasons over the last 17 years, including the non-cooperation of the government of Sudan by the previous administrations, there were no field investigations in the country. And my predecessor hibernated for a long period this situation so that investigations did not mature. As a result, I realised that the evidence particularly against Mr al-Bashir and Mr Hussein needs strengthening. I am satisfied with the strength of the evidence regarding Ali Kushayb but in relation to those two cases I have mentioned, we need to make sure we do better. And that requires cooperation from Sudan. It requires assistance from Sudan and it also requires cooperation, collaboration from members of this Council and member states of the United Nations.

6. In that evidential landscape I have given more resources to the team, put more investigators on the case, also people with Arabic language skills as well. And immediately in August, two months after my term commenced, I went to Sudan to speak to the government, realising the importance of cooperation. That brought tangible results, because for the first time, we concluded a memorandum of understanding, not only in relation to Ali Kushayb, but in relation to all four of the cases for whom judges of the ICC have issued warrants. I also appointed a pro bono special adviser to focus exclusively on the Darfur situation so we can move together, get cooperation to a greater extent and that is Ms Amal Clooney. And again, this is evidence of my intent not just to say I am prioritising Security Council referrals but to make sure that the resources that are needed are put into that case.

7. During my trip to Khartoum in August, we had some constructive meetings. I met with General al-Burhan of the Sovereignty Council, then Prime Minister Hamdok and Foreign Minister and Minister of Justice. We also met UNITAMS' SRFS Volker Perthes and members of the international community. And in this, I also underlined a new approach: it is not – and this is the beautiful thing about the law, there are many different solutions to one fundamental problem – it is not the location of trial or even the forum of adjudication that is critical. What is critical are independent and impartial investigations, independent and impartial adjudications, and then the rule of law that should triumph so victims can move forward, realising that everything has been done to try to ensure justice. And I emphasised to the government members that I would be willing to use the full panoply of options that are entwined in the Rome Statute to try to make sure that we can work together and forge better bonds so that this chapter could be closed. But the simple issue is this: if we don't accelerate cooperation between the government of Sudan and my Office, investigations will keep continuing.

8. If we are to carve out a road map for the completion of this situation in the way that I believe the Council wants, that the victims want, the way to do it is to accelerate, to inject more cooperation and assistance within the Office. And if that is done, I think we can move forward in an effective way.

9. On the 25th of October, of course the landscape changed and that has not been particularly helpful. In my meetings in August, not only was the Memorandum of Understanding (MoU) signed, there had been commitments by the government to sign the Rome Statute, there had been commitments to work more closely with my Office, and there had been the agreement to help ensure a permanent field presence of the Office of the Prosecutor in Khartoum. But the hiatus from the 25th of October has meant that we have lost focal points. We are trying to catch up. We had to for a couple of months – in fact, until now – we had to suspend active investigations. And so this was a very troublesome or concerning turn of events. The upside is that just before Christmas, my team went to Khartoum again. They spoke to General al-Burhan and General al-Burhan reassured members of my Office that the MoU was still valid, that he was looking at cooperating and he said, on more than one occasion to me directly and to the team in December, that it was essential to have justice for the victims in Darfur. The challenge now collectively, for all of us, is to make sure those assurances are translated into concrete tangible partnerships and accountability.

10. This is a delicate stage of course in the transition in Sudan, but I would underline again the only option for us to move forward and close this situation or find a pathway towards closure is accelerating cooperation. I mentioned this on Friday with the distinguished representative of Sudan, Ambassador Elbahi. And I also emphasised that these cases are not against Sudan. Sudan is a partner, not an adversary. They are against individuals for whom the evidence discloses their responsibility in relation to crimes within the jurisdiction of the Court. We do need safe and secure access to Sudan. We need safe and secure access to the archives. We need to be able to look at where the mass graves are and we need to be able to go to all parts of Sudan and work independently. This is required not just by the MoU that was signed in August of last year, it is not only required by Resolution 1593, it is also required by the Juba Peace Agreement. So there is this tripartite tiers of responsibilities, of commitments, that I hope very much the Sudan will honour and work with us more closely.

11. Cooperation from outside of Sudan is also critically important, and we have had fantastic support from the European Union, from African States, from other countries, including Norway, the United Kingdom, the United States of America and the People's Republic of China. Really, this is an area, if we are to close this chapter and allow Sudan to move forward, there can be no passive spectators, we have to help the Sudanese people get what they deserve, which is justice and closure. I hope to go again to Sudan in the next period, in the next few months, I hope around April time. Hopefully I have been promised that will be facilitated, including going to Darfur, speaking to some of the survivors and victims and displaced people there. I am ready to try to build an acceleration in the work across the cases that are before the Court.

12. I do want, Madam President, with your leave, to speak directly to those victims, to underline during my term that we have an unwavering commitment to ensure that the intention of this Council in the landmark decision of 2005 is honoured and respected. That we can have proper rigorous investigations to put before judges what the truth of the matter is. And in my view, and I'll be quite candid about the state of the evidence but I'll also be quite candid about one simple truth: Sudan runs the risk of always being defined by the past conduct, by the events that compelled this Security Council to act in 2005 until and unless we get justice. If we work together, if we work in partnerships, the Office of the Prosecutor, the government of Sudan, this Council, member states, we can close this chapter. And if we close that chapter, I believe unencumbered and relieved by some of the burdens of the past, by ensuring justice, Sudan will have every possibility to do something which every Council member wants, which is to write a new chapter so it can march forward to a better and more prosperous and safer future. So thank you so much for your time and this is my report.

Source: Office of the Prosecutor | Contact: OTPNewsDesk@icc-cpi.int

View original: https://www.icc-cpi.int/Pages/item.aspx?name=220117-otp-statement-unsc-darfur

View video: https://media.un.org/en/asset/k1j/k1jms0qgvt

ICC Prosecutor briefs UNSC on Darfur, Sudan

NOTE from Sudan Watch editor: I have typed this near verbatim transcript of a briefing on Darfur given by ICC Prosecutor Khan at a meeting of the UN Security Council held in New York 17 Jan 2022. The meeting was live streamed by UN Web TV. The briefing can be viewed via a link at the end of this post. 

Photo: ICC Prosecutor Karim Asad Ahmad Khan QC briefing UNSC 17 Jan 2022 (Photo credit: UN)

17 January 2022

Madam President,

Firstly may I congratulate Norway for its presidency of the Council this month. It is a real honour to have the opportunity in this new year to present the 34th report of the Prosecutor of the ICC in relation to the Darfur Situation in Sudan pursuant to Resolution 1593 that the Council passed of course in 2005.

Despite the strictures of Covid and the wearing of masks, it is wonderful even with these constraints, to be here in person. 

I would like to begin Madam President if I may by recalling what I said when I was meeting with Darfur survivors and victims when I was in Khartoum on the 17th of August last year. 

I convened a meeting with Darfur civil society. Many individuals have been struggling for almost two decades for something that should be simple but seems extremely complex, namely justice, a modicum of accountability that underlines the fact that every life matters. 

They have struggled and they have shown perseverance in relation to crimes that have unfortunately characterised a generation, at least of men, women and children. It was that suffering that led this council to use its Chapter 7 powers in 2005 and refer the Situation to the ICC. 

I share the frustrations, the impatience and the hopes of those survivors but that singular moment the first referred by the Council to the International Criminal Court would reap dividends. Expectations are not unreasonable, it is simply that there should be some justice.

The victims, the survivors, the people of Darfur, have shown that persistence but it is important as I said in my interactions with Sudanese government members that this referral cannot be a never-ending story. It can’t be, we are approaching middle age, 34 reports. We need collectively to do better, my Office of course but also this Council to make sure the promise and the purpose of the referral is wedded with concrete action. There is signs for hope and there has been progress notwithstanding difficulties that remain. 

In July of this year all 31 charges relating to a notorious Janjaweed leader Ali Kushayb were confirmed and a trial has been set down to start on the 5th of April of this year. The charges include war crimes, crimes against humanity, murder, rape, torture, attacks against the civilian population in Wadi Salih and Mukjar. That’s an important moment. 

This year, in just three months time, the promise of the Council will start being demonstrated in action by the allegations of the Office of the preferred being placed before independent and impartial judges. 

At the same time outreach is important and also I am hoping to work with the Registry of the Court to make sure there is an organised and effective outreach programme so that Sudanese people in Sudan, in Darfur, outside, can follow the proceedings because they have a right to know what happened and they have a right to see the truth.

But Ali Kushayb case is one case. There are of course four warrants outstanding: the case against former president Omar Al Bashir, the case against the former Minister of Interior Abdel Raheem Muhammad Hussein, the former Governor of South Kordofan Ahmad Harun and the case against the former jan..rebel commander Abdallah Banda. In relation to Abdallah Banda I recuse myself from that case and that case is being supervised directly by the Deputy Prosecutor.

It’s important as I said in relation to my Libya briefing in December that during my term I wish to prioritise cases that have been referred by the Council and I started that in the Sudan Situation by conducting a review of the evidence to look at the strength of those cases and I also ensured additional resources are brought into that case so that we can hopefully be more effective.

But the reality of this is, that for a variety of reasons over the last seventeen years, including the non cooperation of the Government of Sudan by the previous administrations, there were not field investigations in the country and my predecessor hibernated for a long period this Situation so that investigations did not mature. As a result I realise that the evidence particularly against Omar al-Bashir and Mr Hussein need strengthening. 

I am satisfied with the strength of the evidence regarding Ali Kushayb but in relation to two cases I’ve mentioned we need to make sure we do better and that requires cooperation from Sudan. It requires Assistance from Sudan and it also requires cooperation, collaboration from members of this Council and member States of the United Nations.

I have realising the evidential landscape, I have given more resources to the team, put more investigators on the case, also people with Arabic language skills as well, and immediately in August, two months after my term commenced, I went to Sudan to speak to the Government realising the importance of cooperation. That brought tangible results because for the first time we concluded a Memorandum of Understanding not only in relation to Ali Kushayb but in relation to all four of the cases for whom Judges of the ICC have issued have Warrants.

I also appointed a pro bono Special Adviser to focus exclusively on the Darfur Situation so we can move together, get cooperation to a greater extent and that is Ms Amal Clooney. And again this is evidence of my intent not just to [...?] prioritising Security Council referrals but to make sure the resources that are needed are put into that case.

In my trip to Khartoum we had some, in August, we had some constructive meetings. I met with General al-Burhan of the Sovereignty Council and Prime Minister Hamdok and Foreign Minister and Minister of Justice. We also met UNITAMS [...?] Volker Perthes and members of the international community. 

And in this I also underlined a new approach, it’s not, and this is the beautiful thing about the law, there is many different solutions to one fundamental problem. It’s not the location of trial or even the forum of adjudication that is critical, what is critical are independent and impartial investigations, independent and impartial adjudications, and then the rule of law that should triumph so victims can move forward realising that everything has been done to try to ensure justice.

And I emphasised to the Government members that I would be willing to use the full panoply of options that are enshrined in the Rome Statute to ensure that we can work together and forge better bonds so this chapter could be closed.

The simple issue is this. If we don’t accelerate cooperation between the Government of Sudan and my Office, investigations will keep continuing.

If we are to carve out a Road Map for the completion of this Situation in the way that I believe the Council wants, that the victims want, the way to do it is to accelerate to inject more cooperation and Assistance within the Office and if that is done I think we can move forward in an effective way.

On the 25th of October of course the landscape changed and that has not been particularly helpful. In my meetings in August not only was the MoU signed, there had been commitments by the Government to sign the Rome Statute, there had been commitments to work more closely with my Office and there had been the agreement to help ensure a permanent field presence of the Office of the Prosecutor in Khartoum.

But the hiatus from 25th October has meant we have lost focal points, we’re trying to catch up. We had to for a couple of months, in fact until now, we had to suspend active investigations and so this was a very troublesome, concerning turn of events.

The upside is that just before Christmas my team went to Khartoum again, they spoke to General Burhan, and General Burhan reassured members of my Office that the MoU was still valid, that he was looking at cooperating and he said on more than one occasion to me directly and to the team in December that it was essential to have justice for the victims in Darfur. 

The challenge now collectively for all of us is to make sure those assurances are translated into concrete tangible partnerships and accountabilities. This is a delicate stage of course in the transition in Sudan but I would underline again the only option for us to move forward and close this Situation or find a pathway towards closure is accelerating cooperation.

I mentioned this on Friday with the distinguished Representative of Sudan, Ambassador Al-Bahi [Ed: fact-check name/spelling] and I also emphasised that these cases are not against Sudan, Sudan is a partner not an adversary, they are against individuals for whom the evidence discloses their responsibility in relation to crimes within the jurisdiction of the Court. 

We do need safe and secure access to Sudan, we need safe and secure access to the archives, we need to be able to look at where the mass graves are, and we need to be able to go to all parts of Sudan and work independently. This is required not just by the Memorandum of Understanding that was signed in August of last year, it is not only required by Resolution 1593, it is also required by the Juba Peace Agreement. So there is this tripartite tiers of responsibilities of commitments that I hope very much Sudan will honour and work with us more closely.

Cooperation from outside of Sudan is also critically important and we’ve had fantastic support from the European Union, from countries, the African States, from Norway, the United Kingdom, the United States of America, and the People’s Republic of China.

Really, this is an area to close this chapter and allow Sudan to move forward there can be no passive spectators, we have to help the Sudanese people get what they deserve which is justice and closure.

I hope to go again to Sudan in the next period, in the next few months, I hope around April time, hopefully, I have been promised that will be facilitated including going to Darfur, speaking to some of the survivors and victims and displaced people there and really try to build an acceleration in the work across the cases that are before the Court.

I do want, Madam President with your leave, to speak directly to those victims to underline during my term that we have an unwavering commitment to ensure that the intention of this Council and the landmark decision of 2005 is honoured and respected and so that we can have proper rigorous investigations so we are able to put before Judges what the truth of the matter is.

And in my view, I’ll be quite candid about the state of evidence, I’ll also be quite candid about one simple truth: Sudan runs the risk of always being defined by the past conduct by the events that compelled this Security Council to act in 2005 until and unless we get justice.

If we work together, if we work in partnerships, the Office of the Prosecutor, the Government of Sudan, this Council’s member States, we can close this chapter. And if we close that chapter I believe, unencumbered and relieved by some of the burdens of the past by ensuring justice, Sudan will have every possibility to do something which every Council member wants which is to write a new chapter so it can march forward to a better and more prosperous and safer future.

Thank you so much for your time, and this is my report.

View original video at the website of the United Nations Web TV here: https://media.un.org/en/asset/k1j/k1jms0qgvt

ICC Chief Prosecutor to brief UNSC on Darfur, Sudan

Photo: ICC Prosecutor Mr Karim Asad Ahmad Khan QC. Courtesy of the ICC © ICC-CPI

HERE below is a full copy of a report by What's in Blue dated 28 December 2021 confirming that next month the Chief Prosecutor of the International Criminal Court (ICC) in The Hague, Netherlands, Mr Karim Asad Ahmad Khan, will give his very first briefing to the United Nations Security Council (UNSC) on the ICC's Darfur-related activities.

Note, according to Wikipedia, 51-year-old Scottish-born Mr Karim Asad Ahmad Khan QC (pictured here taking his solemn oath as ICC Prosecutor on 16 June 2021) is a British lawyer and a specialist in international criminal law and international human rights law. 

Following his appointment by United Nations Secretary-General António Guterres, he was, until 2021, an Assistant Secretary-General of the United Nations and served as the Special Adviser and Head of the UN Investigative Team for the Promotion of Accountability for Crimes Committed by Da'esh/ISIL in Iraq, which was established pursuant to Security Council Resolution 2379 to support domestic efforts to hold ISIL accountable for acts that may amount to war crimes, genocide, and crimes against humanity in Iraq.

January 2022 Monthly Forecast

Sudan (Darfur)

Expected Council Action

In January, the Security Council is expected to receive the semi-annual briefing of the ICC Prosecutor on Darfur. Karim Asad Ahmad Khan, who began serving as ICC Prosecutor in mid-June 2021, will provide his first briefing to the Council on the ICC’s Darfur-related activities.

Key Recent Developments 

On 9 June 2021, in her final briefing to the Council as ICC prosecutor, Fatou Bensouda referred to the “constructive dialogue and a good spirit of cooperation” that her office had developed with the transitional government in Sudan. She spoke about her visit to Darfur the previous week and stated: “The clear and consistent message I received from Darfur victims in El Fasher, Nyala and Zalingei is that the four outstanding warrants must be executed and that suspects must be handed over to the ICC.” (ICC arrest warrants remain outstanding against former President Omar Hassan Ahmad Al Bashir, Ahmad Muhammad Harun, Abdel Raheem Muhammad Hussein, and Abdallah Banda Abakaer Nourain.) Bensouda had stressed this same message to government officials at all levels during her visit to the country, she said, and called for Sudan “to fully cooperate with the Office’s investigations, including by providing unhindered access to its territory and to the relevant records, information and materials, as well as the protection of witnesses”.

The ICC’s Pre-Trial Chamber II confirmed charges of war crimes and crimes against humanity against Ali Muhammad Abd-Al-Rahman (also known as Ali Kushayb) on 9 July 2021. Abd-Al-Rahman, reportedly a former Janjaweed militia leader who is alleged to have committed these crimes in Darfur in 2003 and 2004, surrendered in the Central Africa Republic in June 2020. His trial is expected to begin in April 2022.

Khan visited Sudan from 9-13 August 2021, meeting with senior members of the transitional government—including Chairperson of the Transitional Sovereign Council Lieutenant General Abdel Fattah al-Burhan, and Prime Minister Abdalla Hamdok, among others—and civil society representatives.  In a press conference in Khartoum on 12 August, he said that he had “stressed and requested that the Government of Sudan further deepen its cooperation with [his] office”. He further underscored that: “Transfer of any suspect is an important step towards achieving justice but should be preceded and accompanied by substantive and ever deepening cooperation by the Sudanese authorities”.

Also on 12 August, Sudanese Foreign Minister Mariam al-Mahdi reportedly told Sudan state media that Sudan “would hand over wanted officials to the ICC”.  At the time of writing, this had yet to occur.

On 14 December, some seven weeks after the military takeover in Sudan, an ICC delegation met in Khartoum with Malik Agar and Tahir Hajar, two former rebels who now serve on the transitional government’s Sovereign Council. Media sources indicate that the discussion focused on preparations for another visit to Sudan by Khan and the potential handover of former Sudanese officials wanted by the ICC to The Hague.

Sudan has undergone considerable political turmoil in recent months. On 25 October, the Chairperson of the Transitional Sovereign Council, Lieutenant General Abdel Fattah al-Burhan, declared a nationwide state of emergency and the suspension of key provisions of the August 2019 Constitutional Document, including the transfer of the Sovereign Council chair from the military to the civilian government, which was set to take place in November. He also announced that the military would oversee Sudan’s transition until elections, to be held in July 2023. The military detained Prime Minister Abdalla Hamdok and his wife and placed them under house arrest. Government officials, including ministers and civilian members of the Sovereign Council, were also arrested.

On 21 November, Hamdok was released from house arrest, following significant international criticism and mass demonstrations in Sudan against the military takeover, which were met with violence by security forces. Appearing together on television, he and al-Burhan announced a new 14-point power-sharing agreement, including Hamdok’s reinstatement as prime minister, and the release of all political detainees. Under the terms of the agreement, the parties decided to “[a]ccelerate the completion of all transitional governance institutions including the Transitional Legislative Council and the Constitutional Court”, to form “a civilian government of independent national experts (technocrats)”, and to investigate injuries and deaths during the protests following the 25 October military takeover.

The power-sharing agreement has faced opposition in Sudan. Several parties have rejected the agreement, including the main opposition alliance, the Forces for Freedom and Change Coalition (FFC). Large protests against the 25 October military takeover and the subsequent power-sharing agreement erupted in several cities in Sudan, including in the capital, Khartoum, at various times in December.

Key Issues and Options 

An underlying key issue for the Council is how to promote justice and accountability for past atrocities committed in Sudan.  A related issue for the Council is how to support enhanced cooperation between the ICC prosecutor and the government of Sudan.

In addition to receiving Khan’s briefing, Council members supportive of the ICC’s work could consider holding an informal meeting with the prosecutor to facilitate a dialogue on ways in which his office can strengthen its cooperation with the Sudanese government.

They could also hold a joint press stakeout encouraging improved relations between the Sudanese government and the ICC.

Council and Wider Dynamics

The Council is divided on the work of the ICC.  Albania, Brazil, France, Gabon, Ghana, Kenya, Ireland, Mexico, Norway, and the United Kingdom are states party to the Rome Statute of the ICC, while China, India, Russia, the UAE, and the US are not. These distinctions do not necessarily reflect how members view the court’s work on Sudan, however. For example, although not a party to the Rome Statute, the US has long supported the ICC’s efforts with regard to Sudan.

Among the wider membership of the UN, African countries have long expressed concern that the court focuses its work inordinately on Africa.

View original: https://www.securitycouncilreport.org/monthly-forecast/2022-01/sudan-darfur-12.php?

Sudan: Musa Hilal given senior govt position (Part 3)

Article from The Guardian.com UK

By Xan Rice, East Africa correspondent

Dated Monday 21 January 2008 13.08 GMT

Darfur militia leader joins Sudan government

Photo:  Alleged Janjaweed militia organiser Musa Hilal addresses villagers at his north Darfur home region in 2005. Photograph: Beatrice Mategwa/Reuters

A tribal sheikh described as "the poster child for Janjaweed atrocities in Darfur" has been given a senior government position by the Sudanese authorities.

Musa Hilal, who is accused of leading militias on a state-sponsored campaign to cleanse parts of Darfur of non-Arab farmers, will act as special advisor to the minister of federal government, local media reported.

The appointment was made despite Hilal facing a United Nations travel ban and sanctions for his role in the conflict, and ahead of his possible indictment by the International Criminal Court for alleged war crimes.

Hilal has admitted recruiting local Janjaweed militias for the government, but denies personal involvement in the scorched earth campaign that has driven more than two million people from their homes, and seen more than 200,000 people die.

He told Reuters on Sunday that his new role would be based in Khartoum but would include travel to outlying areas.

Analysts say Hilal's nomination will act as a further stumbling block to efforts to persuade Darfur's myriad rebel groups to enter peace talks with the government, who they accuse of condoning and even rewarding those people responsible for the worst atrocities in Sudan's western region.

In September, President Omar al-Bashir appointed Ahmad Muhammad Harun, one of two men sought by the International Criminal Court for war crimes in Darfur, as state minister for humanitarian affairs. The other accused, an alleged Janjaweed leader known as Ali Kushayb, was freed from jail the following month.

Richard Dicker, director of the International Justice Program at Human Rights Watch, said the UN secretary general, Ban Ki Moon, who is due to meet President al-Bashir during an African Union summit next week, should insist that Hilal's position is revoked.

"Musa Hilal is the poster child for Janjaweed atrocities in Darfur," said Dicker. "Rewarding him with a special government post is a slap in the face to Darfur victims and to the UN Security Council."

In April 2003, shortly after a rebel attack on a Darfur army base that triggered the conflict, Hilal, the son of a famous paramount chief, was released from prison in Port Sudan where he was serving a sentence for robbery. He immediately returned to Darfur, convening a meeting where he reportedly ordered Arab tribesman to attack all non-Arab villages and steal their livestock. He was given arms and supplies by the government.

In a Guardian interview in 2004, Hilal said that he raised a militia from his clan to fight the rebellion launched by mainly African ethnic groups in Darfur.

"The government was putting forward a programme of arming for all the people," he said. "I called our sons and told them to become armed."

But rights groups allege that Hilal's role went far beyond recruitment. It says that he ran training camps for his fighters, and was present at the scene of several large attacks on villages in North Darfur.

As part of its case against Harun, prosecutors at the International Criminal Court described Hilal as a "notorious militia/Janjaweed leader" who spoke alongside Harun at a militia rally in 2003, making a "very racist" speech in which he talked of "holy war". The court said it will issue more indictments, and Hilal is thought to be high on the list of candidates.

Sally Chin, a Sudan analyst at the International Crisis Group, said Hilal's appointment came at a time when some Arab communities in Darfur were voicing anger at the government, and even forming alliances with rebel groups.

"Giving Hilal an official position is a disturbing move," she said. "It sends a very negative message to Darfur and to the negotiation process."

View original:  https://www.theguardian.com/world/2008/jan/21/sudan

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