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's PM Hamdok, detained after coup, is home

NOTE from Sudan Watch Editor:  Although I cannot vouch for the accuracy of the following report, I am posting it here because it provides some details about Sudan's Prime Minister Hamdok and his wife. Sadly, I have not found any reliable news about Mr Hamdok's cabinet colleagues, their current whereabouts and how they are being treated. I am reluctant to post this report here today but am confident that Mr Hamdok and his wife have been released safely. Reportedly, they were abducted and detained at the home of Sudan's coup leader Gen. Burhan. More on this at a later date.   

Photo, Sudan's head of the military Gen Abdel-Fattah Burhan speaks during a press conference at the General Command of the Armed Forces in Khartoum, Sudan, Tuesday, Oct 26, 2021. (AP Photo/Marwan Ali)

Sudan’s prime minister, detained after coup, returns home

Report at Fox17 dot com 

Written by SAMY MAGDY, Associated Press (AP) 

Published Wednesday 27 October 2021 

Sudan's deposed prime minister and his wife were allowed to return home Tuesday, a day after they were detained when the military seized power in a coup, according to a statement issued by his office.

The release of Prime Minister Abdallah Hamdok and his wife followed international condemnation of the coup and calls for the military to release all the government officials who were detained when Gen. Abdel-Fattah Burhan seized power on Monday.

The statement by Hamdok's office said other government officials remained in detention, their locations unknown. The deposed prime minister and his wife were under "heavy security" at home in the upscale Kafouri neighborhood of the capital Khartoum, said a military official, speaking on condition of anonymity because he was not authorized to brief the media. The official did not say whether they were free to leave or make calls.

Earlier in the day, Burhan said Hamdok had been held for his own safety and would be released. But he warned that other members of the dissolved government could face trial as protests against the putsch continued in the streets.

View full report plus 14 photos here:  https://fox17.com/news/nation-world/sudans-prime-minister-detained-after-coup-returns-home

Sudan’s TMC talks with Alliance of Freedom and Change (AFC) includes NUP, SLA-MM, SPLM-N

Article from Al-Ahram Weekly.org.eg

By HAITHAM NOURI

Published Thursday 4 Jul 2019

Title: Sudan’s message to the world

Sudan needs a government of technocrats and interest-based relationships with other countries if its political transition is to succeed, says Deputy Chairman of National Umma Party Mariam Al-Sadiq Al-Mahdi from Khartoum

Photo caption: Sudan’s message to the world

Sudan’s opposition Alliance of Freedom and Change (AFC) returned to the capital Khartoum after a two-day visit to Addis Ababa, the Ethiopian capital, where its delegation held meetings with leaders of the African Union (AU) and African ambassadors “to update them on the situation in Khartoum.”

The AFC delegation comprised opposition figures Wagdi Saleh, Hassan Abdel-Ati, Monser Al-Tayed and Moetaz Saleh, in addition to Deputy Chairman of the opposition National Umma Party (NUP) Mariam Al-Sadiq Al-Mahdi.

It also included Mona Arko Minawi, head of the Sudan Liberation Army-Minni Minawi (SLA-MM) and Yassir Arman, deputy chairman of the Sudan People’s Liberation Movement-North (SPLM-N), militarily active in the Blue Nile and South Kordofan states.

Al-Mahdi, a physician, has been one of the “staunchest opponents” of the 30-year regime of ousted former president Omar Al-Bashir who toppled her father’s government in June 1989.

Since the onset of negotiations between the Transitional Military Council (TMC) and the AFC, the umbrella bloc that includes the NUP headed by Mariam’s father Al-Sadiq Al-Mahdi, the physician has been a member of the team negotiating with the TMC.

She did not take part in the latest round of negotiations that took place after communications were temporarily severed between the TMC and AFC, however. Sitting in her stead was Ibrahim Al-Amin.

“These negotiations are part of an attempt to break the ranks of the AFC,” Mariam Al-Mahdi told Al-Ahram Weekly in an interview from Khartoum. “But it is normal to change the members of the negotiating delegation, particularly if the talks take a long time, as is the case with Sudan.”

Like her father, she has been no stranger to jail and self-exile. But she has always preferred to stay in Khartoum to make fiery statements against Al-Bashir’s regime and take part in opposition activities over the past two decades.

With the eruption of the nationwide protests that toppled Al-Bashir on 6 April, Al-Mahdi ended her self-exile and returned from London, despite facing threats from Sudan’s security forces, according to family sources.

Al-Mahdi was not arrested when she arrived in Sudan, but she was later arrested along with her sister Rabah on charges of illegal protests. The sisters were fined, but they refused to pay.

Al-Mahdi told the Weekly that the AFC’s visit to Addis Ababa was “important. We met the chairperson of the AU Commission and a number of African ambassadors to put them in the picture about what is happening in Sudan.”

“The AU has suspended Sudan’s membership until authority is handed over to a civilian government. This is in line with AU agreements,” she said.

The AU also froze Burkina Faso’s membership following the overthrow of dictator Blaise Compaore in 2014 within the framework of the 2003 Protocol on Amendments to the Constitutive Act of the African Union. The AU had earlier granted the TMC three months to hand over power to a civilian government.

Al-Mahdi pointed to the “positive environment” in Addis Ababa that houses the headquarters of the AU Commission. Ethiopian Prime Minister Abiy Ahmed had also stepped in to mediate between the AFC and TMC, she said.

She accused the TMC of “stalling in handing over authority” to civilians. “We don’t want to end one period of authoritarian rule to be handed over to another one. We want a government of technocrats as soon as possible,” she added.

Regarding accusations made by the TMC that it was the AFC that was “stalling the negotiations,” Al-Mahdi said that “this is not true. We accepted Ethiopia’s mediation to resume the talks, albeit with conditions, such as investigating the dispersal of the sit-in [in front of the army headquarters in central Khartoum], the resumption of Internet services and freeing the detainees.”

“We suspended the successful civil disobedience out of a desire to build trust, offer our good will and show our commitment to the negotiations. The TMC has not responded to any of our demands.”

NUP head Al-Sadiq Al-Mahdi had rejected the calls for a general strike and civil disobedience on the grounds that these were “escalatory measures” against the TMC, which he called a “partner in change.”

TMC Spokesperson Shamseddin Al-Kebashi said that elements from the armed forces had dispersed the sit-in “without receiving orders from general command.”

He said the army was intent on investigating their conduct and would punish them if they were found to have contravened orders.

Activists have pointed accusing fingers at the Rapid Support Forces (RDF) led by General Mohamed Hamdan Dagalo (Hemedti). The Sudan Doctors’ Union said 118 Sudanese were killed in the incident, while the Ministry of Health put the figure at 46.

Al-Mahdi avoided implicating any specific party, saying “let’s leave it to a neutral investigating committee” instead.

She stated that she was coordinating with Saudi Arabia and the UAE after she and her father had received the Riyadh and Abu Dhabi ambassadors at their house in Omdurman.

“We want to establish interest-based relationships with all the countries in the world. We don’t want relationships between rulers that are then terminated with the end of their regime. We want relationships based on clear economic and political interests and relationships that don’t change no matter how governments change,” Al-Mahdi told the Weekly.

“Sudan has plenty to offer the Arab world and Africa, primarily in the economic field. We don’t want the aid we received during Al-Bashir’s rule. We want investments that will be to the benefit of all,” she added.

“Why is it that when Ethiopia offered to mediate, no one in Sudan objected, and then their voices grew louder when it came to Sudan’s relationship with Gulf countries? The Gulf countries, Egypt and Ethiopia are our neighbours. This is a fact no one can deny,” Al-Mahdi said.

“Everybody wants to end the state of stagnation, but any hint at holding elections within nine months or [anytime soon] is refused,” she stated.

Regarding news that the TMC could ask Al-Sadiq Al-Mahdi to form a civilian government, Mariam Al-Mahdi said that “this can’t take place unless there is nationwide accord from the TMC, the AFC, and all the groups in Sudan. It is a big step that can’t be taken without a consensus.”

 *A version of this article appears in print in the 4 July, 2019 edition of Al-Ahram Weekly under the headline: Sudan’s message to the world

SOURCE: http://english.ahram.org.eg/NewsContent/2/8/337250/World/Region/Sudan’s-message-to-the-world.aspx