Showing posts with label Harun. Show all posts
Showing posts with label Harun. Show all posts

Wednesday, February 07, 2024

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

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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.


END

Thursday, May 04, 2023

Darfur Sudan: ICC warrants of arrest still pending against MM Harun, Al Bashir, Banda, and Hussein

ICC warrants of arrest are still pending in the context of the Situation in Darfur (Sudan) against MM Harun, Al Bashir, Banda, and Hussein. For further information check here.

International Criminal Court, The Hague, The Netherlands (Credit ICC)

Note, Ali Muhammad Ali Abd-Al-Rahman ("Ali Kushayb") was transferred to the ICC's custody on 9 June 2020, after surrendering himself voluntarily in the Central African Republic. 

Ali Kushayb pictured here is in ICC custody. 
See Next Sessions in May 2023 here and information for victims here. 

Source: https://www.icc-cpi.int/news/situation-darfur-sudan-ali-kushayb-icc-custody


For further information, please contact Fadi El Abdallah, Spokesperson and Head of Public Affairs Unit, International Criminal Court, by telephone at: +31 (0)70 515-9152 or +31 (0)6 46448938 or by e-mail at: fadi.el-abdallah@icc-cpi.int

Source: https://www.icc-cpi.int/contact


Further reading


Sudan Watch

Thursday, May 04, 2023

ICC trial of Janjaweed Leader helps justice for Darfur

https://sudanwatch.blogspot.com/2023/05/icc-trial-of-janjaweed-leader-helps.html


Sudan Watch

Thursday, May 04, 2023

Darfur Sudan: ICC trial Ali Kushayb Janjaweed Leader

https://sudanwatch.blogspot.com/2023/05/darfur-sudan-icc-trial-ali-kushayb.html


[Ends]

Thursday, January 20, 2022

FULL TEXT: ICC 34th report pursuant to para 8 of UNSC resolution 1593 (2005), 17 January 2022

Report : 17 January 2022

THIRTY-FOURTH REPORT OF THE PROSECUTOR OF THE INTERNATIONAL CRIMINAL COURT TO THE UNITED NATIONS SECURITY COUNCIL PURSUANT TO RESOLUTION 1593 (2005)

1. INTRODUCTION

1. On 31 March 2005, the United Nations Security Council adopted Resolution 1593 (2005), referring the Situation in Darfur since 1 July 2002 to the Prosecutor of the International Criminal Court (“ICC” or “Court”). The Security Council invited the Prosecutor to address it every six months on actions taken pursuant to this Resolution. 

2. This is the thirty-fourth report to the Security Council on the activities of the Office of the Prosecutor (“OTP” or “Office”) in the Situation in Darfur, covering the period of July to December 2021. It is the first report of the Prosecutor Karim Asad Ahmad Khan QC to the Security Council under Resolution 1593 (2005) since he assumed office on 16 June 2021. 

3. The Prosecutor reiterates his position that situations referred by the Security Council must be given greater prioritisation. It therefore follows that the Situation in Darfur constitutes an important priority for the Office. Since assuming office, Prosecutor Khan has initiated a comprehensive review of the Darfur file and all cases before the Office, including an assessment of the state of evidence in the cases where the Court has issued warrants of arrest. 

4. The Prosecutor has also commenced a review of the structure, content, and purpose of his reports to the Security Council with a view to more effectively meeting the expectations of the Council and providing a roadmap for the completion of such referrals. 

5. In keeping with his commitment to respect the core principle of complementarity enshrined in the Rome Statute, the Prosecutor further instructed the Office to explore all possibilities and options available under the Rome Statute and Resolution 1593 (2005), to expedite accountability for the crimes subject to the ICC’s jurisdiction committed in Darfur. 

6. In August 2021, immediately upon reviewing the Darfur case files and in light of that review, Prosecutor Khan travelled to Khartoum, Sudan. During that mission, the Prosecutor met with the Sudanese authorities at the highest level to confirm his commitment to delivering justice for victims and survivors in Darfur, and to seek enhanced cooperation from the Government of Sudan to strengthen the evidentiary foundations of the cases for which the Court has issued warrants of arrest. 

7. The Office has undertaken several subsequent missions to Sudan, however recent political and security developments in the country have complicated follow-up investigative initiatives, and this remains a cause for concern moving forward. 

8.  The present report sets out the main developments during the reporting period, including in relation to investigation, cooperation and complementarity strategies to secure justice for the victims of atrocity crimes committed in Darfur. As set out below, important progress has been made, notwithstanding the significant ongoing challenges. 

2. VOLUNTARY RECUSAL FROM THE CASE OF ABDALLAH BANDA ABAKAER NOURAIN

9. Given Prosecutor Khan’s prior representation of Mr Abdallah Banda Abakaer Nourain (“Mr Banda”) as his defence counsel before the ICC, the Prosecutor and the Office have taken all necessary legal and practical measures to protect the integrity of the proceedings from any risk or perception of a conflict of interest. 

10. Directly upon assuming office as ICC Prosecutor, Prosecutor Khan voluntarily recused himself pursuant to article 42(6) of the Rome Statute, from all cases where a conflict of interest may be perceived to arise due to his prior participation in ICC proceedings as defence counsel. As a consequence of his voluntary recusal from the Banda case, the Prosecutor has not had access to any non-public filings and non public evidence, and will have no involvement in discussions or decisions related to this case. The Prosecutor has delegated his functions to the Deputy Prosecutor for the purposes of the Banda case.

3.  THE PROSECUTOR’S VISIT TO SUDAN

11. As referenced above, immediately upon reviewing the Darfur case files, Prosecutor Khan visited Sudan from 10 to 13 August 2021, making Sudan the first Situation country he travelled to as Prosecutor. During this visit, the Prosecutor met with the Chairman of Sudan’s Sovereignty Council, General Abdel Fattah Abdelrahman al-Burhan; the then Prime Minister, H.E. Abdalla Hamdok; Vice-Chairman of the Sovereignty Council, General Mohamed Hamdan Dagalo; then Foreign Minister, H.E. Mariam Al-Mahdi Al- Sadig; then Minister of Justice, H.E. Mr Nasredeen Abdulbari; then Acting Attorney General, H.E. Mr Mubarak Mohammad Osman; and other senior members of the Transitional Government at the time. 

12. Prosecutor Khan also met with Darfuri representatives and Sovereignty Council members, Dr El Hadi Idris, Head of the Sudan Revolutionary Front and General Al-Tahir Hajar, Chair of the Sudan Liberation Forces Alliance. 

13. The focus of these meetings was to reaffirm the Prosecutor’s commitment to prioritise efforts to bring justice to Darfuri victims and survivors through the successful prosecution of those cases where there are outstanding warrants of arrest issued by the Court, and thereby potentially bring closure to this Security Council referral. The Prosecutor further called upon the Government of Sudan to deepen its cooperation with his Office, and the Court as a whole, to achieve this end. 

14. In particular, the Prosecutor requested access to documents, archives, witnesses and other evidence in relation to the Darfur cases, as well as unhindered access to the territory, including to crime scenes. Importantly, the Prosecutor emphasised that any surrender of suspects in Sudanese custody should be preceded and accompanied by tangible cooperation; notably access to, and provision of, relevant evidence. The Prosecutor also highlighted the importance of Sudan fulfilling its obligations under Resolution 1593 (2005), the Juba Peace Agreement, and the Rome Statute.

15. During his official meetings in Khartoum, the Prosecutor echoed his previous public statements that, with respect to the principle of complementarity, he was open to considering and engaging on all potential options available under the Rome Statute that would provide meaningful and effective justice to the survivors of the Darfur crimes. At the same time, the Prosecutor underscored that the integrity of independent investigations and any subsequent judicial process was of paramount importance. 

16. Prosecutor welcomed the commitment by General al-Burhan, and all government officials with whom he met, to fully support the ICC, and in particular, to cooperate with the investigative activities of the Office. Practical steps were agreed that included Sudan’s commitment to facilitate the establishment of a full-time presence of the Office in the country. The Prosecutor further welcomed the decision at the time, conveyed to him by the then Prime Minister and Foreign Minister, that Sudan intended to ratify the Rome Statute. 

17. The Prosecutor’s visit concluded with the signing of a Memorandum of Understanding (“MoU”), on 12 August 2021 which, for the first time, extended the Government of Sudan’s cooperation with the Office to include commitments to cooperate in relation to each of the four suspects not currently in ICC custody. Importantly, the Government of Sudan has reassured the Office, in recent weeks, that this MoU continues to remain in effect. 

18. In this reporting period, the Prosecutor also met with representatives of Darfuri civil society, including Darfuri victim and survivor groups. In these meetings, the Prosecutor provided an update on the status of investigations and judicial proceedings, and reaffirmed the Office’s commitment and responsibility to promote accountability for the crimes committed in Darfur. It was emphasised that to discharge this responsibility, the Office would redouble efforts in the Darfur Situation and strive to independently and impartially investigate cases in relation to each of the suspects against whom warrants have been issued by the Court.

4.  RECENT DEVELOPMENTS IN SUDAN

Status of suspects

19. Mr Banda remains a fugitive from the Court and his exact whereabouts are unknown. 

20. In addition to Mr Banda, three ICC arrest warrants remain outstanding in the Darfur Situation, pertaining to the cases of Omar Hassan Ahmad Al Bashir (“Mr Al Bashir”), Ahmad Muhammad Harun (“Mr Harun”) and Abdel Raheem Muhammad Hussein (“Mr Hussein”). 

21. Since July 2020, Mr Al Bashir has been detained in Khartoum and is currently on trial domestically for charges relating to the 1989 military coup that brought him to power. The trial has been adjourned several times and as yet a final judgement has not been reported. Mr Hussein is believed to still be in custody and on trial for charges relating to the 1989 military coup. Mr Harun also remains in detention in Sudan. To the best of the Office’s knowledge at the present time, none of these three ICC suspects has been charged with the same criminal conduct as that which forms the basis of the ICC warrants against them. 

22. An update in relation to the case of Mr Ali Muhammad Ali Abd-Al-Rahman, also known as Ali Kushayb (“Mr Abd-Al-Rahman”), who surrendered to the Court in June 2020, is set out below in Part 5, “Recent Judicial Activities”. 

23. An update on the Office’s effort to ensure accountability for ICC suspects who remain at large is set out below in Part 7, “Cooperation and Complementarity”. 

5. RECENT JUDICIAL ACTIVITIES

24. Following the 24-26 May 2021 hearing on the Confirmation of Charges in the case against Mr Abd-Al-Rahman, on 9 July 2021, the Office successfully secured Pre-Trial Chamber II’s confirmation of all 31 charges of war crimes and crimes against humanity that had been proffered against him.

25. The confirmed charges brought by the Office against Mr Abd-Al-Rahman relate to alleged crimes committed in Kodoom, Bindisi and surrounding areas in August 2003 (Counts 1-11), including attacking civilians, murder, pillaging, destruction of property, other inhumane acts, outrages against personal dignity, rape, forcible transfer of population, and persecution. The charges also relate to alleged crimes in Mukjar and surrounding areas in February-March 2004 (Counts 12-21) and Deleig and surrounding areas in March 2004 (Counts 22-31), including torture, other inhumane acts, cruel treatment, outrages against personal dignity, murder, attempted murder, and persecution.

26. On 8 September 2021, Trial Chamber I scheduled the opening of the trial against Mr Abd- Al-Rahman for 5 April 2022.

6. ONGOING INVESTIGATIONS AND ALLEGATIONS OF CURRENT CRIMES

Ongoing investigations

27. At the outset of the reporting period, and upon review of the case files, the Prosecutor allocated additional resources to the Office’s Darfur team, increasing the number of investigators and trial lawyers, and ensuring the requisite skills, including Arabic language proficiency, are available to the team. The Prosecutor further ensured that the team was allocating resources sufficiently across all cases within the Darfur file. Additionally, the Prosecutor appointed a pro bono Special Adviser, whose portfolio is devoted solely to Darfur, to enhance investigative and cooperation efforts. Special Advisers to the Prosecutor are persons with outstanding professional credentials and expertise in their fields and provide advice to the Prosecutor within their respective mandates as Special Advisers.

28. During the reporting period, the Office conducted multiple missions to Sudan and interviewed a number of witnesses. In line with the MoU referenced above, and in an effort to improve efficiency and reduce costs, the Office had finalised plans to deploy an investigation team to be based full-time in Sudan. With the cooperation of the Government of Sudan, this team was planning to work closely with the relevant Sudanese authorities to advance the Office’s investigations. 

29. The insecurity that followed the events of 25 October 2021, compelled the Office to suspend this deployment and to immediately pause its investigative activities in the country. While a team from the Office was able to travel to Khartoum in December 2021 to discuss cooperation matters, the interruption of investigative activities in Sudan has been a significant setback for the investigation and cooperation activities of the Office in regard to all cases in this Situation. It is essential that the Office is able to deploy a team to Sudan as envisaged, without delay, and with the full support of the Sudanese authorities, in order to resume its investigative work. The sooner investigations can resume, the sooner justice can be delivered for the people of Darfur as contemplated by Resolution 1593 (2005). The Prosecutor respectfully requests the Government of Sudan to redouble its engagement with the Office and to facilitate and enhance such efforts. 


Allegations of ongoing crimes 

30. The security situation in Darfur has deteriorated significantly during the present reporting period. The Secretary-General in his 3 December 2021 report on the Situation in the Sudan and the activities of the United Nations Integrated Transition Assistance Mission in Sudan (“UNITAMS”), noted the deteriorating security environment in the country, highlighting that Darfur remains a main focus of tension. 

31. According to various reports from UNITAMS, the United Nations Office for the Coordination of Humanitarian Affairs, and the Office of the United Nations High Commissioner for Refugees, attacks against civilians, often in the context of inter- communal fighting, continued in several locations, in particular in West and North Darfur resulting in civilian deaths, rape of women and girls, forced displacement of thousands, and destruction of property. 

32. This cycle of violence must come to an end. Accountability plays a critical role in this regard. Those who continue to commit violence against innocent civilians must know that there are consequences for their actions. The Security Council has recognised the imperative for such accountability. The Prosecutor calls on the authorities to investigate these reported incidents to establish the facts and to ensure accountability and justice for the victims. 

33. Notwithstanding jurisdiction over the current Situation in Darfur, due to the limited resources available to the Office, the Prosecutor will, at this time, continue to prioritise resources in this Situation in relation to the cases for which there are outstanding warrants issued by the Court. 

7. COOPERATION AND COMPLEMENTARITY

Cooperation

34. Cooperation between the Office and the Government of Sudan remains essential if this Situation is to be ultimately closed in line with this Security Council referral. It is important to recall that the Security Council referred the Situation in Darfur to the Prosecutor over sixteen years ago, in 2005. However, it was not until October 2020 that the Office had meaningful access to the territory of Sudan due to former Sudanese President, Mr Al-Bashir’s open hostility to the Court. This complete lack of cooperation, including with respect to the arrest of suspects, led to former Prosecutor Fatou Bensouda’s decision to hibernate the investigation until such time as cooperation from Sudan and the international community became meaningful. This previous lack of cooperation has presented significant investigative challenges that must be noted and finally addressed.

35. The evidence, in particular in relation to the cases against former President Mr Al-Bashir and also Mr Hussein, must be strengthened. This requires enhanced and genuine cooperation between the Office and the Government of Sudan and other stakeholders. The Sudanese Government undertook a significant commitment in this regard with the signing of the August 2021 MoU that extended cooperation between the Office and Sudan to include all suspects for which the Court has issued warrants of arrest. Progress now requires that these commitments are welded to action and a joint and collective determination to ensure effective investigations and meaningful accountability. 

36. It is vital that full effect is given not only to this MoU, but also to Sudan’s obligations to the Security Council under Resolution 1593 (2005) and its domestic obligations under the Juba Peace Agreement. In particular, the Office reiterates that it must be granted full access to the territory of Sudan, including to documents, archives, crime scenes, witnesses, and other evidence in relation to Darfur. 

37. This access is essential to ensure that all the cases are built on the strongest possible foundations. This is especially true in complex cases of war crimes and crimes against humanity and genocide, where significant time has elapsed since the alleged crimes began in 2003. Without such access and full cooperation from Sudan, investigations will have to continue and the successful adjudication of the open cases in the Darfur Situation may continue to be delayed. 

38. The Sudanese authorities have facilitated the issuance of visas to staff of the Office and have continued to provide logistical support to its delegations travelling to Sudan. This cooperation and assistance is fully recognised and greatly appreciated. At the same time, it must be stated that during this reporting period, the Office has made a number of formal Requests for Assistance that, as of the date of this report, have still not been executed. 

39. Progress has only been made in relation to two out of the seven Requests for Assistance, despite numerous follow-up requests by the Office. From the previous reporting period, out of four Requests for Assistance, one was executed, one is partially executed and two remain to be executed. Notwithstanding the challenging events in Sudan during this reporting period, it must still be emphasised that the timely and full execution of these Requests for Assistance remains essential. In short, the state of cooperation must improve. 

40. Another challenge facing the Office in its investigative and cooperation activities has been the turnover of government officials following the events of 25 October 2021. Many of the government officials who were interlocutors with the Office no longer hold their official positions, and this has stymied follow-up requests for support and cooperation. The Office was pleased to be able to conduct its most recent mission to Khartoum from 11 to 15 December 2021 in an effort to re-engage with the Sudanese authorities. While some progress was made on this mission, the Office still awaits notification as to Sudan’s nominated focal points. This has acted as somewhat of a barrier to sustained engagement with various Sudanese ministries and offices whose support is needed to continue and advance cooperation. The Prosecutor hopes that the requested focal points can be nominated by Sudan without delay to help accelerate cooperation and dialogue with the Office, and notes with appreciation efforts underway in this regard. 

41. The Office acknowledges the support it has received for its investigations from various States, in Africa, Europe and elsewhere, including those States that facilitated exemptions to COVID-19 requirements, which would have otherwise hampered these investigations. In particular, the Office is grateful for the support received from ICC States Parties and non-States Parties in Khartoum, including the European Union (“EU”) Delegation and EU member states, as well as Norway, the United Kingdom and the United States of America. The Office is also appreciative of the excellent execution rate of Requests for Assistance sent to a number of States, including Canada, in relation to the Darfur Situation. 

Complementarity

42. During the Prosecutor’s visit to Khartoum, and in subsequent missions and correspondence, the Office has expressed an openness to engage with the Sudanese authorities in relation to potential complementarity approaches, in particular with respect to those ICC suspects who remain in custody in Sudan. 

43. Subject to the requirements of the Rome Statute, the Office is willing, when and where appropriate, to explore and consider viable options that can deliver genuine, transparent, impartial, and effective justice to the victims in the Darfur Situation, without further delay. 

8. CONCLUSION

44. The violence and suffering witnessed today in Darfur is a stark reminder of the need to break the cycle of impunity that has plagued Darfur in the past. Justice and accountability for atrocity crimes remain an essential component of Sudan’s quest towards a democratic and rule-based society. These aims cannot be achieved, and the Security Council’s referral of the Darfur Situation cannot come to a close, without the full and effective cooperation of the Government of Sudan. 

45. The Office recognises the significant progress which was underway before the events of 25 October 2021. Just two years ago, it was unthinkable that the Government of Sudan would invite the Prosecutor of the ICC to Khartoum, pledge support and cooperation, and signal an intent to ratify the Rome Statute. A palpable change was underway that, if continued and strengthened, would have led to significant progress in the Office’s investigations and prosecutions with respect to the Security Council’s referral of the Situation in Darfur. Victims and survivors of the Darfur conflict could also sense this momentum. 

46. While Sudan remains in a delicate phase of transition, progress on accountability for past crimes can still move forward. The Office has consistently expressed its readiness to work in partnership to progress the Darfur cases in conformity with the Rome Statute and in a manner that does not negatively impact this transition. For this to be achieved, further genuine and tangible steps must be taken by Sudan, through a frank and positive dialogue with the Office. 

47. The opportunity created by the conclusion of the recent MoU between the Office and Sudan must be fully seized and realised, to urgently secure accountability for suspects in the Darfur Situation against whom ICC warrants have been issued. Pending Requests for Assistance must be executed, full access to Sudan must be granted in a secure and safe environment and all complementarity options must be fully explored. 

48. The Office will continue to prioritise the Situation in Darfur. However, to achieve meaningful accountability, and to enable this Office to bring closure to this referral, the Office counts on the support of Sudan, the Security Council and all States committed to securing long-awaited justice for the victims in the Darfur Situation. | OTP 

Thirty-fourth report pursuant to paragraph 8 of UN Security Council resolution 1593 (2005), 17 January 2022

View original in English: https://www.icc-cpi.int/itemsDocuments/220117-otp-report-unsc-darfur-eng.pdf

View original in Français: https://www.icc-cpi.int/itemsDocuments/220117-otp-report-unsc-darfur-fra.pdf

View original in العربية: https://www.icc-cpi.int/itemsDocuments/220117-otp-report-unsc-darfur-ara.pdf

SOURCE:  Office of the Prosecutor | Contact: OTPNewsDesk@icc-cpi.int  https://www.icc-cpi.int/Pages/item.aspx?name=220117-otp-report-unsc-darfur

Saturday, September 14, 2019

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."

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RELATED NEWS
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Sudan Watch - September 09, 2019
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Sudan: Musa Hilal faces court martial in Khartoum (Part 1)
10 September 2019
Sudan Watch - September 10, 2019
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ICC: Hilal knows truth about Hemeti & Darfur war (Part 2)
27 November 2017
Sudan Watch - September 10, 2019
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FROM THE ARCHIVE OF SUDAN WATCH
Musa Hilal & Janjaweed - Misseriya and Rizeigat tribes sign peace deal in W. Darfur, W. Sudan
Sudan Watch - June 30, 2010
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Video Transcript of 2004 interview with alleged Janjaweed leader warlord Musa Hilal 
Sudan Watch - July 06, 2019
Here is a copy of the video transcript of a Human Rights Watch interview with Musa Hilal in September 2004. Last paragraph refers to a list of individuals alleged to be guilty of crimes against humanity. Musa Hilal's name is on the list. 
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Sudan Warlord Sheikh Musa Hilal interview in Darfur 2004 and Khartoum 2005
Sudan Watch - July 04, 2019
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Warlord Sheikh Musa Hilal of Darfur, Sudan: Lynchpin of Arab Janjaweed Militia Recruitment
Sudan Watch - July 04, 2019
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ICC: Violence against civilians in Darfur Sudan must stop and all 
Sudan Watch - June 28, 2019
ICC Darfur suspects must stand trial
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Mass killings in Darfur, Al-Bashir should face justice, says ICC - Al-Bashir taken from Kober prison to prosecutor's office in Khartoum Sudan, formally charged with corruption and money laundering
Sudan Watch - June 27, 2019

Thursday, December 04, 2008

Sudan's minister for humanitarian affairs points his finger at rebel groups and western imperialists

Wanted by the ICC over claims he orchestrated violence that left up to 200,000 dead, Sudan's minister for humanitarian affairs, Ahmad Muhammad Harun (pictured here below), points his finger at rebel groups and western imperialists.

Ahmad Mohammed Harun

MAN BLAMED FOR DARFUR SAYS I AM AT PEACE WITH MYSELF
December 04, 2008 (The Guardian) report by Simon Tisdall in Khartoum, Sudan:
The man accused by the international criminal court of planning, organising and directing an orgy of violence against civilians in Darfur that left up to 200,000 people dead and 2.5 million homeless has angrily protested his innocence, calling the allegations part of a political plot by the western powers to recolonise Sudan.

In an exclusive interview with the Guardian, Ahmad Muhammad Harun, Sudan's minister of state for humanitarian affairs, said he defied the ICC and the international community to do their worst and vowed never to give himself up to the tribunal.

Harun claimed the evidence against him was concocted and unreliable. And he described the court's chief prosecutor, Luis Moreno-Ocampo, as a disgrace to the legal profession who should be sacked. "My conscience is clear. I have no regrets," Harun said. "What I have done was legal, it was my responsibility, it was my duty. I am content. I am at peace with myself."

The ICC has charged Harun, in his former capacity as Sudan's minister of state for the interior, with 42 counts of war crimes and crimes against humanity allegedly committed in Darfur in the period from August 2003 to March 2004.

The eight-month period witnessed a peak in fighting between rebel and pro-government forces. The large-scale civilian casualties, gross human rights abuses and mass displacement later caused the US government to accuse Sudan's political leadership of genocide and led to UN and EU sanctions against Sudan.

The Darfur carnage caused international outrage that has yet to abate as the violence there continues, albeit at a reduced level. Numerous efforts to forge a lasting peace agreement during the past five years have foundered while hundreds of thousands of people remain in refugee camps. Meanwhile, human rights and advocacy groups have added their voices to calls for Harun and other alleged war criminals on both sides to be prosecuted.

But Sudan is not a party to the ICC. It has so far ignored UN security council demands that it cooperate with the court and surrender Harun and his co-accused, Ali Muhammad Ali Abd-al-Rahman, an alleged Janjaweed leader also known as Ali Kushayb.

ICC judges are currently considering a request by Moreno-Ocampo for an arrest warrant for Sudan's president, Omar al-Bashir, on charges of genocide, war crimes and crimes against humanity also relating to events in Darfur.

Speaking in his ministry's smart new offices in Khartoum, Harun said the ICC was in effect conducting a political vendetta against Sudan that had little or nothing to do with justice.

Relaxed and confident

Throughout the interview, Harun, a tall 43-year-old dressed in a smart charcoal suit and open-necked shirt, appeared mostly relaxed and confident. Occasionally his eyes flashed with anger as he discussed the accusations against him.

"We believe the ICC has digressed from its main objective and become part of the international political conflict. It is another phase of international colonisation. It targets mainly the Africans. It reminds us of the 19th century when the white people were dominating here in Africa.

"The main aim of the white people in Africa at that time, the British and the Europeans, was to disseminate their culture and their traditions. Under the flag of attractive slogans, so many things happened. Now there is a new imperial era but this time it is led by the United States and supported by the Europeans."

Harun, a trained lawyer from the Bargo tribe in western Sudan and a former judge, argued that UN security council resolution 1593 that referred Darfur to the ICC in 2005 was discriminatory because it exempted citizens of the US, which like Sudan is not a party to the ICC's founding treaty, from action by the court. For this reason, the ICC prosecutor was ignoring the "first principle" of equality before the law.

"This is a discriminatory prosecution. It is also discriminatory because the ICC is targeting only African countries," Harun said. "Also, any serious investigation should begin on the ground, in theatre, in Darfur. And witnesses who are part of the problem should not be taken into consideration. They are not reliable sources."

Suggesting the ICC investigation was superfluous as well as politically motivated, Harun said a national investigation committee created by Bashir had examined many senior officials over their roles in Darfur. "I was one of them. I gave answers to all their questions. No action was taken. There was no evidence, so there was no reason to take action."

Harun added that any future move to indict Bashir, or any backroom deal in which he himself might be handed over to the ICC in return for Bashir being granted immunity, would only prove his contention that the ICC proceedings were political. In such circumstances, he said, he would never voluntarily surrender himself. And nor was he prepared to meet Moreno-Ocampo if the latter came to Khartoum.

"The prosecutor has brought his profession into disrespect. He is not welcome in Sudan ... He should be replaced. This is what we are requesting. I add my voice to the voices of the international society because he is insulting the profession of justice and insulting African countries."

Asked to explain his actions in Darfur in 2003-4, Harun said he had faced an internal, essentially local conflict between Darfurian tribes that quickly transformed into a political conflict with encouragement from forces outside the province.

Rebel leaders Minni Minnawi, Abd al-Wahid Muhammad Nur, and Abdallah Abbakar initially called themselves the Darfur Liberation Movement, he said. But this later became the Sudan Liberation Movement as external actors got involved.

The Darfur rebellion, also fuelled by Khalil Ibrahim's opposition-backed Justice and Equality Movement, threatened the stability of the Sudanese state as a whole, for example by undermining the 2005 North-South comprehensive peace agreement which was then nearing fruition, Harun said. The government had no choice but to act.

"The policy and tactics of the government, like any other government when things like this are happening, is to begin by mobilising.

"We have a security reserve force - the Popular Defence Forces - to respond to those attacks, a paramilitary force. Some people call the PDF by different names, some call it militia, others are calling it Janjaweed. But it is a formal force and it works under the directions of the army."

Unable to match pro-government forces militarily, the rebels changed tactics and created a humanitarian crisis in Darfur to attract international attention and intervention, he said.

Rebels blamed

"They started putting pressure on civilians to move out of villages, they killed their children, women they abducted, they destroyed the infrastructure and means of people's livelihood, and caused the mass migration of people into refugee camps."

In other words, he suggested, it was the rebel groups that were responsible for the civilian massacres, atrocities and mass displacements in 2003-4, not himself or the government. Sudan's government in any case disputes the UN's casualty estimates, claiming only about 10,000 people died.

Reports that he boasted in a 2003 speech that he had "the power and the authority to kill or forgive whoever in Darfur" were fabricated, Harun added. And he insisted his 2004 description of the rebels as "fish" who needed the "water" of the villages to survive (thereby allegedly justifying the destruction of villages) was a distortion of his meaning.

People in Darfur knew the truth, he said, which was why he was still welcome there. "I move freely in Darfur. I have strong support. I am popular in Darfur because they know who protected them."

Leaning back in a well-padded armchair with a broad smile on his face, Harun said he was a religious man who had done nothing to offend against God. But he did not claim to have a close relationship with the Almighty.

"I am not like George Bush. I do not talk to God. In Islam, we believe Muhammad was the last prophet. Since Muhammad, no one can talk to God."

As for the future, he suggested relations between Sudan and the international community would deteriorate further if the ICC persisted with its present course. A total breach with the UN was not out of the question.

Harun's openly defiant stance underlines how difficult it may be to bring justice to Darfur while avoiding an open confrontation with Sudan and, at one remove, its African Union and Arab League allies. If allowed to continue unanswered, it also threatens the credibility of the ICC.

"We don't expect anything good from the ICC. But for every action, there will be a response," Harun said. "The ICC will do whatever they want. We will wait and see what they do. We will defend our country as best we can to the best of our ability, according to our opinions."

Backstory

The international criminal court was established in 2002 as an independent tribunal to try individuals responsible for genocide, war crimes and crimes against humanity. It was designed to complement national legal systems, stepping in when a country appeared unable or unwilling to prosecute. More than 100 countries are members.

Atrocities committed by rebel commanders in the Democratic Republic of the Congo and by the Lord's Resistance Army in Uganda prompted the opening of the first cases in 2004. Investigations into abuses in Sudan's Darfur region began a year later.

In February 2007, ICC prosecutor Luis Moreno-Ocampo announced that Sudanese minister Ahmad Harun and Janjaweed militia leader Ali Kushayb were suspected of committing crimes against humanity. The indictment and warrant for their arrests, dated April 2007, specifically accuses Harun of targeting the ethnic African Fur, Zaghawa and Masalit tribes by employing elements of the Sudanese armed forces and Popular Defence Forces paramilitaries, and by "recruiting, arming and funding" irregular Arab militias known as Janjaweed

According to the court, pro-government forces over which Harun exercised command launched a campaign of terror that included "murders of civilians, rapes and outrages upon the personal dignity of women and girls ... and destruction of property and pillaging of towns".

The indictment claims that the campaign was of a "systematic and widespread nature" conducted "over an extensive period of time... in furtherance of a state or organisational policy consisting in attacking the civilian population".

It goes on: "Ahmad Harun intentionally contributed to the commission of the above-mentioned crimes ... In his public speeches, Harun not only demonstrated he knew the militia/Janjaweed were attacking civilians and pillaging towns and villages but also personally encouraged the commission of such illegal acts."
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SUDAN MINISTER: ICC CASE A PLOT
December 04, 2008 BBC report - excerpt:
Following his appearance at the 15-member UN Security Council on Wednesday, ICC Prosecutor Mr Moreno-Ocampo told the BBC's Network Africa programme: "I briefed them about the importance that the Council could not be part of the cover-up of the crimes. "Because [President] Bashir's responsibility is not just ordering committing the crimes, he's also providing the cover-up."

Ahmad Mohammed Harun

Photo: Ahmed Haroun said his conscience was clear over Darfur
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Further reading:

ICC website www.icc - Warrants of Arrest for the Minister of State for Humanitarian Affairs of Sudan, and a leader of the Militia/Janjaweed, The Hague, 02 May 2007.

Photo source: www.trial-ch.org - Ahmad Mohammed Harun: Accused of war crimes and crimes against humanity; arrest warrant issued by the ICC on 02 May 2007; Red Notice issued by Interpol on 19 September 2007; released by the Sudanese government on 1st October 2007 for lack of evidence. Position: Former Secretary of State for the Interior, head of the Darfur Security Desk.