Iran says ICC's Bashir warrant is unfair, a violation of the 1961 Vienna convention

From The Earth Times 5 March 2009:
Tehran condemns ICC warrant against al-Bashir

(Tehran) - Tehran on Thursday condemned the International Criminal Court's (ICC) decision to issue a warrant for the arrest of Sudanese President Omar al-Bashir, ISNA news agency reported. "The warrant is unfair, a violation of the 1961 Vienna convention and based on political resentment by imperialistic world powers," Foreign Ministry Spokesman Hassan Ghashghavi said.

The ICC On Wednesday issued a warrant for al-Bashir's arrest on charges of crimes against humanity and war crimes.
"At a time when the ICC ignores the inhuman war crimes in Afghanistan, Lebanon and Palestine, such a warrant reflects a clear discrimination in implementing justice and therefore (is) unacceptable for the international society," the spokesman said.

"The problem in Darfur is an internal matter of Sudan and should be settled through wise and peaceful means," Ghashghavi added.

Laptops and phones being taken from charities in Darfur, Sudan now

Here in England right now it is 11:16 am Thursday 5 March. Four hours ago, Rob Crilly twittered from Darfur saying "laptops and phones are being taken from charities now". He says more demos are being planned in El Fasher, Darfur, western Sudan. Streets empty at present, only security forces around. Ten aid agencies ordered to leave, Caritas not one of the 10 (so far). NGOs are appealing expulsion orders.

Rob says he is getting increasingly irritated by celebrations for the ICC (me too!) and says "people should check out what's happening on the ground in Darfur, not listen to Save Darfur."

And there's more. Rob has managed to update his blog with NGOs from last night. Here is a copy:

Bashir Reacts
on March 5, 2009 4:39 AM

Only about one par made it into The Times story today so the whole thing is posted below. There may be more NGOs on way out. Diplomats also braced for expulsions today - they take longer to arrange. And what about the peace v justice debate? I'll post on that later, but it seems for now that the quest for justice comes at a pretty high price. Here also is the scene in El Fasher yesterday, as Bashir's war machine puts on a show of strength.

ROB CRILLY
El Fasher, Darfur
The Sudanese government yesterday began ordering aid agencies to leave the country, leaving millions of people without aid in Darfur.

Officials began telephoning charities at 16:05 local time, seconds after the International Criminal Court announced it had issued a warrant for the arrest of Omar al-Bashir.

They were told their registration in the country was cancelled with immediate effect.

The charities expelled include Oxfam, Care International and Action Contre la Faim - all seen as "big hitters".

Staff will begin leaving the country today (THU).

"We didn't know how the government was going to react," said a Western diplomatic source. "This is one of our worst-case scenarios."

Aid organisations have long had a tricky relationship with Khartoum, which regularly denies visas for staff or closes off areas where it is conducting military operations.

However, the humanitarian operation was one of the few successes in Darfur, helping care for more than 4m people.

About two and a half million people live in camps after being forced from their homes by fighting.

Agencies were concerned that they could face a backlash from the government, fears that now appear well-founded.

Penny Lawrence, Oxfam's International Director, said the charity would appeal the decision.

"If Oxfam's registration is revoked, it will affect more than 600,000 Sudanese people whom we provide with vital humanitarian and development aid, including clean water and sanitation on a daily basis. 400,000 of them are affected by the ongoing conflict in Darfur - where people continue to flee from violence and the humanitarian needs remain enormous. It will also affect another 200,000 poor people in the east of the country and Khartoum state."

An aid official said the move would have a catastrophic impact in areas where charities were distributing food and medicine.
"The largest aid operation in the world hinges on the NGOs. Asking 10 of them to leave will seriously compromise its effectiveness."

Yesterday (WED) The Times revealed that six agencies had been asked to leave key sites in Darfur.

Today they were ordered out of the country altogether.

The other agencies are CHF, Solidarites, MSF-Holland, Save the Children UK (which was not operating in darfur), Norwegian Refugee Council, The International Rescue Committee.

Khartoum has expelled numerous aid workers in the past and maintained a steady level of harassment. Jewish staff have been accused of being Mossad agents and several charities have been smeared in the government-controlled press, accused of using out-of-date medicines.

Sudan will demand that the "criminal plot against our country" be stopped

From The Star by Edith M Lederer March 05, 2009 - Edition 3
Sudan changes tack on al-Bashir warrant

Western states back bid to prosecute, but China balks. The Sudanese government will drop its campaign to have the UN Security Council delay prosecution of President Omar al-Bashir for a year.

Instead the country will demand that the "criminal plot against our country" be stopped, Sudan's UN envoy said yesterday.

At Sudan's urging, the African Union and the Arab League had earlier been lobbying the 15 members of the Security Council to delay arresting al-Bashir if the International Criminal Court issued a warrant so that UN and AU efforts to bring an end to the six-year conflict in Darfur could continue without any disruption.

But after the court issued an arrest warrant yesterday for al-Bashir on charges of war crimes and crimes against humanity in Darfur, Sudan's UN Ambassador, Abdalmahmood Abdalhaleem Mohamed, told a news conference that the government has now decided to abandon its effort to seek a delay.

Richard Dicker, head of the International Justice Programme at Human Rights Watch, said Sudan was dropping the effort because the Security Council's veto-wielding permanent members are deeply divided on whether or not to delay the warrant - with the US, Britain and France opposed and China, which buys two-thirds of Sudan's oil, and Russia thought to be in favour.

"They understand the maths… and see there is not sufficient support to implement a deferral," Dicker said.

"This is dead in its tracks at the moment."

African and Arab nations fear the warrant against al-Bashir will destabilise the whole region, bring even more conflict in Darfur and threaten the fragile 2005 peace deal.

But the US, France and Britain made clear they would not support a delay - a view reiterated yesterday by US Ambassador Susan Rice, who said: "The US supports the ICC action to hold accountable those who are responsible for the heinous crimes in Darfur."

Sudan's Mohamed accused the US, Britain and France of using the International Criminal Court "to destabilise Sudan and to dominate the country".

"They are targeting among other things our wealth, our oil, our land and our new political importance - no doubt about that," he told a news conference.

The Rome statute that set up the court allows the Security Council, under Article 16, to pass a resolution to defer or suspend for a year the investigation or prosecution of a case.

It also gives the council authority to renew such a resolution.

China today echoed the Sudanese envoy, urging the court to drop the warrant.

"China opposes anything that could disrupt efforts to realise peace in Darfur and in Sudan," said Foreign Ministry spokesman Qin Gang in a statement posted today on the ministry's official website.

Mohamed did not say what Sudan would do to dismiss the case, but he predicted that the warrant would bring "the beginning of an end" of the International Criminal Court - "this destabilsing tool in the name of justice".

Thirty African countries are among the court's 108 member states. Some have reportedly threatened to pull out of the court in retaliation for the warrant against al-Bashir.

"This court has become the court of the new American justice," Mohamed said, "and the feeling widely felt in Africa (is) that only the Africans are targeted, and it is… a situation that Africa is not going to accept."

The African Union's Peace and Security Council was scheduled to meet in Addis Ababa, Ethiopia, today to discuss the warrant, he said, and the African members of the ICC will also meet to discuss their association with the court.

Human Rights Watch's Dicker disputed his assessment as "scare-mongering."

He said he saw "a depth of support for the ICC" in Africa where three governments have asked the court to probe crimes that could implicate government officials. - Sapa-AP

- - -

From China View 5 March 2009:
Bashir slams ICC's ignorance of Iraq, Gaza at arally in Khartoum

KHARTOUM, March 5 (Xinhua) -- The Sudanese Presidents Omar al-Bashir on Thursday lashed out at the International Criminal Court(ICC) for its ignorance over Iraq and Gaza at a massive rally in Sudan's capital city Khartoum.

"The ICC ignores the criminal acts in Iraq and Gaza," the president said, referring to two war-torn territories where large numbers of civilians have been killed in the past few years.

The embattled president made the remarks at a massive rally on an avenue outside the Council of Ministers, where tens of thousands of people attended, meant to express Sudanese support for the president in face of the ICC's arrest warrant issued Wednesday.

Earlier, Bashir said at a special session of the Council of Ministers that the government has decided to expel 10 foreign NGOs, including Oxfam, Medical Sans Frontier, and two domestic organizations for their violation of the law and cooperation with the ICC.

"I thank the ICC's decision, for it can do nothing but help unify the Sudanese people," Bashir added, calling on all parties to establish a comprehensive coalition to cope with "colonialism and hegemony."

Wielding his trademark stick and chanting slogans, Bashir's rhetoric was hailed by the crowd who raised flags, banners, portraits of the president and a forest of arms.

"We will get rid of the disruptions and implement development schemes...to forge a great nation." he added.

Earlier on Wednesday, the Hague-based ICC issued an arrest warrant against Bashir for war crimes and crimes against humanity in the country's restive western region of Darfur between 2003 and2008.

However, the genocide accusation, filed by the ICC's prosecutor Luis Moreno-Ocampo in July, was not included in the final decision, according to the court's statement.

Hopefully, this issue will unite Sudan and help them start growing their own food to help the needy. Like I've said many times here before, Sudan needs world class land rights lawyers to sort out land ownership rights and how and where to house the homeless and farms with access to clean drinking water and irrigation. Step up resolving the Abyei boundary issue. Do not impose sanctions.

Anyone want to have the peace v justice debate now that humanitarian operation in Darfur is in tatters?

Rob Crilly's latest tweets on Twitter from Darfur:

hearing it may be 13 NGOs, probably cannot confirm at this time of night
about 3 hours ago from web

@goldlis complete evac. Licenses revoked. Some have been marched to their offices so officials can begin seizing assets
about 4 hours ago from web in reply to goldlis

Anyone want to have the peace v justice debate now that humanitarian operation in Darfur is in tatters?
about 4 hours ago from web

God help the children of Sudan.

Norwegian Refugee Council leaves Sudan - Mercy Corps suspends work in Darfur, western Sudan

Press Release from Mercy Corps March 4, 2009
Mercy Corps Suspends Work in Darfur

On Wednesday, March 4, the International Criminal Court (ICC) in The Hague issued a warrant for the arrest of President Omar Hassan al-Bashir of Sudan for crimes against humanity in the Darfur region of Sudan.

According to media reports, the Government of Sudan revoked the registration of several non-governmental organizations (NGOs) shortly after the ICC's announcement. Mercy Corps' registration was revoked. The Government did not offer a reason for this decision.

As a result, Mercy Corps will halt programs in Darfur and Khartoum effective immediately to begin implementing the closeout process as outlined by the government.

Mercy Corps deeply regrets the decision of the Sudanese government to revoke our registration. The agency remains committed to working with the government to provide lifesaving humanitarian assistance to the people of Darfur, and recovery and development programming that is critical to maintaining the fragile peace in other areas of northern Sudan. Mercy Corps intends to appeal this decision under Sudanese law.

"This is a devastating blow to the many people of Sudan who rely upon NGOs for both immediate survival, and help in building more prosperous and stable futures for their families," says Mercy Corps President Nancy Lindborg. "We sincerely hope that this decision will be reversed so we can get back to the critical business of saving and improving lives."

Mercy Corps has been operating in Sudan for five years. The country has been torn apart by two conflicts — a 21-year civil war that ended in 2005 and the ongoing violence in Darfur — and many of its people remain displaced and living in desperate poverty.

In the Darfur region, Mercy Corps provides lifesaving services to 200,000 people who have been forced from their homes by violence and are living in displacement camps. These services include keeping camps clean, training health promoters, building and supplying schools, and providing skills training to women and other vulnerable people.

Mercy Corps takes steps to ensure that our programs are not used to further any particular political or religious agenda. We are completely independent of, and have no position on, the actions of the International Criminal Court.

- - -

UPDATE ON THURSDAY 5 MARCH 2009

News report from The Norway Post 5 March 2009:
Norwegian Refugee Council leaves Sudan

The Norwegian Refugee Council is one of the international humanitarian aid organisations which have been ordered to leave Sudan within 24 hours, after the International Criminal Court issued an arrest warrant for Sudan’s President.

Sudanese authorities have confiscated equipment and have withdrawn the oganisation's permit to operate in Sudan, according to NRK.

Sudan has ordered altogether 10 aid organisations to leave the country after the arrest warrant was issued. (NRK) Rolleiv Solholm

- - -

From Norwegian Refugee Council by Magnus Wright Jacobsen 5 March 2009:
NRC leaves Sudan

NRC is one of the humanitarian organisations which were told to leave Sudan; hours after The International Criminal Court issued an arrest warrant on the country’s president.

Wednesday the Sudanese government made it clear that ten international humanitarian organisation no longer had permission to stay in the country. This happened few hours after The International Criminal Court (ICC) in Haag issued an arrest warrant on the Sudanese president Omar al-Bashir.

- Our permission to operate in Sudan is now cancelled. That is a surprise and a disappointment. We will address an appeal to the government to make them reverse this decision, said Elisabeth Rasmusson Secretary General in NRC.

NRC and the other humanitarian organisations have to leave the country within 24 hours. NRC’s international employees will leave the capital Khartoum and Kordofan by the end of the day. All NRC assets will be confiscated.

- We want to stay in Sudan. We are doing an important work in the country. After the peace agreement in 2005, IDPs have begun their return to their homes. NRC is highly involved assisting the returnees to start a normal life. This process requires a lot of assistance, said Rasmusson.

Alfred Taban says ICC is going to entrench Bashir rather than weaken him

From the Los Angeles Times
Sudan's President Bashir charged with war crimes
By Edmund Sanders reporting from Khartoum, Sudan March 4, 2009 - excerpt:

" ... political experts here say hopes for a "soft landing" in which the regime's inner circle decides to sideline Bashir are misplaced.

"It's wishful thinking," said Alfred Taban, editor of an opposition newspaper. "If anything, the ICC is going to entrench Bashir rather than weaken him."

In recent months, Bashir's government has silenced most opponents, through payoffs or intimidation. The ICC has also stirred nationalist and anti-Western sentiments, with many Sudanese calling the case an attack on the country's sovereignty.

Others worry that the ICC case will doom efforts to reach a peace deal over Darfur by emboldening rebels. Two rebel groups have promised to increase their attacks against the government in the aftermath of the arrest warrant, calling Bashir's government "illegal."



Photo: Protesters demonstrate outside the Sudanese embassy in central London today. Members of the Darfur community gathered to remember the victims of crimes committed in Darfur. (Shaun Curry / AFP/Getty Images)

edmund.sanders@latimes.com

Note from Sudan Watch: I share Alfred Taban's view that the ICC is going to entrench Mr Bashir rather than weaken him. Note the above photo, posted here for future reference:  the materials are hand-outs from UK activists.

Waging Peace submitted more than 500 children’s drawings of Darfur that were accepted by ICC as evidence in any trial

The plot thickens. Last year, Waging Peace submitted more than 500 children’s pictures of Darfur war that were accepted by the International Criminal Court as contextual evidence to be used in any trial.  See Times report 5 March 2009, copied here below.

Here is a sample of some of the drawings from BBC News, 4 March 2009:
In pictures: Child drawings of Darfur

The International Criminal Court is accepting supporting evidence of children's drawings of the alleged crimes committed in Darfur.

Rights group Waging Peace collected the drawings from refugees in Chad.


This sketch by Abdul Maggit depicts a typical scene of destruction.


Abduljabbar's picture shows someone being thrown into a fire and a soldier who appears to be cutting off a man’s head.


Mohammed's drawing shows Janjaweed militia in two pick-up trucks using machine guns on civilians. He also shows a tank. The Sudanese government has always denied using heavy artillery in Darfur.


This picture by Mohamat shows another village attack. Next to each civilian who has been shot is the word "Morts", which means dead people in French.


Adam, 15, shows shot civilians' bodies being tossed into the river. On the back of the drawing, he wrote: "Look at these pictures carefully, and you will see what happened in Darfur. Thank you."


Ismael, also 15, drew a Sudanese helicopter bombing his village, torching houses and killing civilians and a donkey. He said the armed men on horseback were Janjaweed.


Bakhid was eight years old when he saw his village being attacked and burned by Janjaweed forces on horse back and Sudanese forces in vehicles and tanks.


One young artist named Aisha said: "It is very kind to send us food, but this is Africa and we are used to being hungry. What I ask is that you please take the guns away from the people who are killing us."
- - -

From Times Online
March 5, 2009
One small step for the ICC, a giant step for Darfur
Frances Gibb, Legal Editor

The issuing of an arrest warrant yesterday for Sudan’s President on charges of war crimes and of crimes against humanity was a landmark for the International Criminal Court.

The move — the first by the court based in The Hague against a sitting head of state — brought derision from the object of the warrant himself, Omar al-Bashir. He said this week that the tribunal could “eat” its warrant and that it was not worth the ink it was written with — as he danced for cheering supporters who burnt an effigy of the ICC chief prosecutor, Luis Moreno-Ocampo.

But it was also welcomed widely across the international human rights community and nowhere less than at Waging Peace, www.wagingpeace.info, the small London-based charity that focuses on atrocities in Africa and in particular in Darfur. Rebecca Tinsley, its chairwoman, said that the charity regretted that the court had stopped short of accusing al-Bashir of genocide but it welcomed the ICC’s acknowledgement of the role that the Sudanese President had “played in bringing death and destruction to Darfur”.

She added: “After five years of pandering to the Khartoum Government, the international community is finally sending a strong signal that the systematic murder, rape and displacement of innocent people will not go unpunished.”

The group has been instrumental in assembling evidence of the atrocities in Darfur, where the UN estimates that 300,000 people have died in the six-year conflict, and millions of people have been displaced, now living in camps near Darfur’s main towns. Al-Bashir puts the death toll at 10,000.

Last year Waging Peace submitted more than 500 children’s pictures of the genocide that were accepted by the court as contextual evidence to be used in any trial of al-Bashir as well as those of the so-called humanitarian minister, Ahmed Haroun, and the militia leader, Ali Kushayb, who have both been indicted previously.

It also helped to step up international pressure, presenting world leaders with the largest petition to emerge from Eastern Africa, signed by more than 60,000 Darfuris who had taken refuge in Chadian camps on the border of Sudan and who were appealing for an end to the atrocities.

Tinsley said: “Many Darfuri women had seen their husbands and children murdered and been raped themselves. Not only was it complete cultural anathema for them to take political action but they risked their lives in doing so. Signing their names posed an enormous threat to their safety.”

One testimonial from among 40,000 women who signed the petition read: “We the mothers want them [the UK peacekeepers] to enter Darfur immediately. They have displaced us, and killed us, and raped us in front of our children and husbands. They killed our children and burnt our houses. This was all done by the Janjawid in our homeland.”

Another, by a 13-year-old girl, Sumaiya, who was 10 when forced to flee Darfur, read: “The Janjawid and the Government burnt our houses, cut our trees and stole our money and goods and animals. They killed the women, the men, the elderly and the young and raped the girls. They attacked the mosque and killed the imam, the muezzin and people praying in the mosque.”

Many witness accounts collected by the charity were gathered through drawings. A researcher, Anna Schmitt, spent three weeks among the refugees and gave the children paper and pencils, asking them to depict their strongest memories. They showed attacks on their villages by Sudanese government forces and the Janjawid, including adult men being killed, women being shot, beaten and taken prisoner, babies being thrown on fires and government helicopters and planes bombing civilians.

Yet there has been delay and ambivalence over the prospective prosecution of al-Bashir — it is eight months since the ICC prosecutor made his request for a warrant to the court and his charges included genocide.

Peter Quayle, a solicitor who has completed an internship at the International Criminal Tribunal for the Former Yugoslavia, said: “Awkward hand-wringing accompanied the announcement of the prospective prosecution of al-Bashir. But applause and ovation heralded the arrest of Radovan Karadzic to stand trial at the International Criminal Tribunal for the Former Yugoslavia.”

One reason, he said, was that the “many” who felt the prosecutor’s case against al-Bashir to be hasty and presumptuous feared that the criminal indictment would influence the Darfur crisis for the worse. But, he argues, the worst has already happened. “The President of Sudan is to be prosecuted, not to forestall or deter atrocity, but to publicise and punish his alleged crime.” To delay on grounds of expediency — and the hope of securing peace — was to delay on a false premise, he argues; and any alleged dichotomy between justice and expediency “spurious”.

Above all, it is highly unlikely that al-Bashir will be arrested or handed over. The ICC has no police force and the warrant, to be delivered to the Sudan Government, is unlikely to be executed.

But the action by the ICC sends out a message that the international community at least wishes to bring him to account. Some hope that it may also bring peace. Tinsley said: “His arrest is imperative in bringing an end to the violence that has destroyed the lives of millions of people.”

It was time, she said, for countries to meet their obligations and ensure al-Bashir answers the charges he faces. Not to do so would jeopardise the lives of millions in Darfur — and also the future of international justice.

Note to self: more on this later.

Arab FMs hold emergency meeting on ICC arrest warrant against Sudanese president

From China View 5 March 2009 - excerpt:
Arab FMs hold emergency meeting on ICC arrest warrant against Sudanese president

CAIRO, March 4 (Xinhua) -- Arab foreign ministers started here on Wednesday afternoon an emergency meeting on the issue of an arrest warrant by the International Criminal Court (ICC) against Sudanese President Omar al-Bashir.

The ministers are expected to discuss the negative impact of the ICC decision on Sudan and the Arab stance on this issue.

The meeting, hours after the ICC made the decision, was held on the sidelines of a joint Arab-Southern American foreign ministers' conference which is in session at the headquarters of the Arab League. [...]

On Wednesday, Egypt called on the UN Security Council to hold an emergency meeting to suspend the enforcement of the ICC decision.

Egypt is greatly concerned about the negative impacts the ICC move might have on the security and stability of Sudan, Egyptian Foreign Minister Ahmed Abul Gheit was quoted by the official MENA news agency as saying.

At such a critical time of Sudan's history, the UN Security Council should shoulder its responsibilities to achieve peace in the country, Abul Gheit said.

The top Egyptian diplomat urged the UN Security Council to hold an emergency meeting to suspend the enforcement of the ICC decision, saying Sudan needs a comprehensive political solution to bring long-term justice. Editor: Mu Xuequan

Uganda’s position would remain that of the African Union Peace and Security Council which sought to have Bashir indictment deferred

From Monitor Daily, Uganda by Rodney Muhumuza 5 March 2009 - excerpt:
Uganda plays for time over Sudan

(Kampala) - Both Henry Okello Oryem, the minister for International relations and Ambassador James Mugume, the Foreign Affairs permanent secretary, said Uganda’s position would remain that of the African Union Peace and Security Council, which sought to have the indictment deferred.

“We don’t condone impunity, but at the same time we are members of the AU Peace and Security Council,” Mr Mugume said. “We will consider it as AU, and then take the necessary decision.”

Announcing the warrants at the Hague, the ICC said its next step will be to ask all countries signatory to the Rome Statute that created it to enforce the warrants. This means that Gen. Bashir can only travel to countries where he is sure that he will not be handed over.

Mr Museveni has had a complicated relationship with Khartoum, once accusing Mr Bashir’s government of supporting Joseph Kony’s war against Uganda, and later giving him credit for cutting off links with the Lord’s Resistance Army.

US Secretary of State Clinton says al-Bashir can "have his day in court"

Reuters report 4 March 2009 - excerpt:
Clinton says al-Bashir can "have his day in court":

(BRUSSELS) - U.S. Secretary of State Hillary Clinton said on Wednesday if Sudan's President Omar Hassan al-Bashir believed he had been wrongly charged for war crimes in Darfur he could "have his day in court".

Speaking to reporters en route to Brussels, Clinton said she hoped the indictment issued earlier by the International Criminal Court (ICC) in the Hague would not lead to "increased violence" on the part of Sudan's government.

"President Bashir would have a chance to have his day in court if he believes that the indictment is wrongly charged. He can certainly contest it," said Clinton.

"I certainly hope that it does not lead to any additional actions of violence or punishment on the part of the Bashir government," added Clinton.

The top U.S. diplomat said the ICC had issued its indictment based on a very long investigation and the case was now in the judicial system "properly so". [...]

"Governments and individuals who either conduct or condone atrocities of any kind, as we have seen year after year in Sudan, have to be held accountable," she said. [...]
(Reporting by Sue Pleming; Editing by Louise Ireland)

UN chief urges Sudan's cooperation but is vague on arrest

Report by DPA (via The Earth Times) 4 March 2009:
Ban urges Sudan's cooperation, but is vague on arrest - Summary

New York - UN Secretary General Ban Ki-moon called on the Sudanese government on Wednesday to cooperate with the joint UN- African Union peacekeeping mission in Darfur despite the arrest warrant issued against President Omar al-Bashir. In his statement in reaction to the International Criminal Court's international arrest warrant for al-Bashir, Ban did not explicitly demand that Khartoum surrender the Sudanese leader to the court based at The Hague. [...]

Ban said he recognized the ICC's authority as "an independent judicial institution."

He called on Sudan to "address the issues of peace and justice" in a manner consistent with the 2005 resolution in which the UN Security Council referred the case of Darfur killing to the ICC. The resolution called on governments to fully cooperate with the court even if they are not signers of the Rome Statute that created the court.

Ban focused his demand on the Sudanese government to "fully cooperate with all UN entities and their implementing partners, while fulfilling its obligation to ensure the safety and security of the civilian population, UN personnel and property, and that of its implementing partners."

"The secretary general calls on all parties to work in good faith toward a political solution to end the conflict in Darfur," he said in a statement. [...]

Sudan's UN Ambassador Abdalmahmood Mohamad, picking up on Ban's failure to clearly demand al-Bashir's arrest by Khartoum, said, "We are not under the obligation to abide by the verdict."

"We strongly condemn this verdict because, for us, the ICC does not exist and we are not bound by it," Mohamad said. [...]

The UN headquarters in New York said Khartoum had revoked on Wednesday the legal registrations of between six and 10 humanitarian groups operating in Darfur. They included Oxfam, Solidarite of France and Mercy Corps.

"Affected non-governmental organizations are the main providers of life-saving humanitarian services, such as water, food, health and sanitations," the UN said. "Their departure will have an immediate and serious impact on the humanitarian and security situation in North Sudan, especially in Darfur."

The UN called on Khartoum to restore the registrations to those groups so they can continue their relief work.

- - -

Reuters report by Andrew Heavens in Khartoum 4 March 2009 - excerpt:
Sudan shuts down six aid groups

Sudan's state Humanitarian Aid Commission called in managers from the high-profile aid groups, which all work in Darfur, and told them their operating licences were revoked within minutes of the ICC announcement on Wednesday, officials told Reuters.

No one was immediately available for comment from the Commission.

Managers were still hoping to persuade the commission to change its mind and were hoping the United Nations would press Sudan to reverse the decision, said senior humanitarian officials, who also spoke on condition of anonymity.

"This is very serious. This will have a major impact on humanitarian work in Darfur," one official said.

"At least six high-profile groups have been told their licences have been revoked. We could be talking of at least 10."

Earlier in the day, Oxfam, Medecins Sans Frontiers and other aid groups said the commission had told them to pull international workers out of some areas of Darfur, citing security concerns.

Sudan gov't expels Oxfam GB from northern Sudan

From Teletext UK 4 March 2009:
Aid agencies expelled

The Sudanese government has expelled aid organisations, including Oxfam GB and Save the Children UK.

Oxfam confirmed its licence to work in northern Sudan had been revoked and said that it will be appealing against the decision.

It follows the International Criminal Court's decision to issue an arrest warrant for Sudanese president Omar al-Bashir on war crimes charges.

- - -

From M&C UK 4 March 2009 - excerpt:
Sudan revokes permits of relief groups

Oxfam said it was appealing the decision, hoping for a quick resolution.

'If Oxfam Great Britain's registration is revoked, it will affect more than 600,000 Sudanese people whom we provide with vital humanitarian and development aid, including clean water and sanitation on a daily basis,' said Penny Lawrence, Oxfam's international director.

It said 400,000 of the Sudanese it aids are 'affected by the ongoing conflict in Darfur - where people continue to flee from violence and the humanitarian needs remain enormous. It will also affect another 200,000 poor people in the east of the country and Khartoum state.'

Oxfam began its operation in northern Sudan in 1983 and currently has 450 staff, 90 per cent of whom are Sudanese.

Sudan gov't suspends work of Save the Children UK

From Save the Children Alliance 04 Mar 2009
Save the Children's response to being asked to suspend operations in Sudan

Ken Caldwell, Save the Children UK's director of international operations, said:

"Save the Children UK has received a letter from the Sudanese authorities asking us to suspend our operations in Sudan. This has very worrying implications for the 50,000 children we are currently supporting in Khartoumand the north-east of the country. These are some of Sudan's most vulnerable children - many are living in camps having been forced to flee their homes by the ongoing conflict.

"Save the Children UK is providing essential support to these children and their families, helping to protect them from abuse, get them access to clean water and get them back into school. We don't know what the outcome of these developments will be, but we do know that if we are forced to stop our work the lives of thousands of children could be at risk."

For information or interviews in the UK,call Save the Children UK's media unit on +44 207 012 6841 / +44 7831 650 409 (24-hour line) or email media@savethechildren.org.uk

UN says Sudan has ordered expulsion of 6-10 aid groups including Oxfam, Solidarities and Mercy Corps

From Associated Press 4 March 2009:
Sudan expels aid groups after warrant decision

UNITED NATIONS — A U.N. spokeswoman says Sudan has ordered the expulsion of six to 10 humanitarian groups from Darfur and seized assets after the International Criminal Court issued an arrest warrant against the country's president.

U.N. deputy spokeswoman Marie Okabe says the aid groups include Oxfam, Solidarities and Mercy Corps. The others were not identified.

Okabe says U.N. Secretary-General Ban Ki-moon is calling the move a "serious setback to lifesaving operations in Darfur."

The decision comes after the Hague court issued an arrest warrant Wednesday for Sudanese President Omar al-Bashir on charges of war crimes and crimes against humanity in Darfur.

- - -

UPDATE ON THURSDAY 5 MARCH 2009

News report from Radio Netherlands 5 March 2009:
Dutch ambassador ready for any eventuality:

The Foreign Ministry has posted a more severe travel warning to Sudan now that the International Criminal Court in The Hague has issued an arrest warrant against the country's president. The ministry is advising Dutch citizens not to travel to the province of Darfur or the town of Malakal unless it is absolutely necessary.

There are currently around 250 Dutch citizens in Sudan, most of whom work for aid organisations or are connected to the United Nations or one of its missions. All 250 have been asked to report to the Dutch Embassy in Khartoum. The Dutch ambassador, Norbert Braakhuis, says that if the embassy knows where everyone is, it will be easier to provide help should it be needed.

He added that there are no indications that Dutch citizens run a particular risk because the International Criminal Court is located in The Hague. However, although he believes Sudan does not equate the court with the Netherlands and its citizens, he says he would like to be prepared for any eventuality.

Mustafa Osman Ismail on Sudan TV issues message with a threat to foreign guests

Some of today's news from Sudan Radio Service:

4 March - (Khartoum) - In response to the ICC arrest warrant, the presidential advisor to Omar al-Bashir, Dr. Mustafa Osman Ismail, appearing on Sudan TV, said that the decision was expected.

He described it as a conspiracy against Sudan by western countries.

[Mustafa Osman Ismail]: “The government is committed to protecting our foreign guests, but I am connecting this message with a threat. Any foreigner in Sudan, whether a diplomat, or a tourist, or an employee with the international organizations should respect these three things. First, the country’s law. Second, the customs and traditions of the Sudanese people and thirdly, the agreement signed between the government and the organizations. If you want to stay respectful and to be appreciated in Sudan, you should respect these three things. Otherwise, they should leave Sudan immediately and voluntarily before we force them to.”

The ICC decision was followed by public demonstrations of support for al-Bashir particularly in Khartoum.
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4 March - (Nairobi) - Following the decision by the ICC on Wednesday, Sudan Radio Service asked Francois Grignon, the director of the Africa Program at the International Crisis Group, for his reaction to the news from The Hague.

[Francois Grignon]: “Any peace which doesn’t provide a component of justice is indeed extremely fragile. Crimes which have been committed leave very strange marks on the community and the desire for revenge remains very strong when justice has not been found. Now, finding justice can be provided through different ways, it doesn’t have to necessarily be the International Criminal Court, it depends. First of all, the ICC only deals with genocide, war crimes and crimes against humanity.”

Grignon said that he didn’t think that Wednesday’s decision would damage the implementation of the Comprehensive Peace Agreement, saying that the CPA had weathered greater challenges in the past.

[Francois Grignon] “The CPA suffered but survived after the death of John Garang. CPA provisions allocate posts to different signatories. In this case of course, the indictment of the president is going to shake the CPA. It is going to have a political impact which will add tension to the CPA as the National Congress Party is going to demand solidarity and support from the SPLM, as its key partner in the Government of National Unity and the key partner in the implementation of the CPA. But the CPA is not about who holds positions, the CPA is about a peace process which hopes to solve and resolve a 20-year war.”

The ICC announced its decision to issue an arrest warrant for President al-Bashir early on Wednesday afternoon.
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4 March - (Khartoum) - Speaking to Sudan Radio Service on Wednesday from Khartoum, a lawyer and opposition politician, Farouk Abu Issa, describes the next step in the judicial process following the ICC decision to issue an arrest warrant for President al-Bashir.

[Farouk Abu Issa]: “Orders will be given to the suspect to appear before the court to present proof against the accusations individually or through a lawyer. If the person fails to appear before the court, the court can issue the arrest warrant against him. The problem with the ICC is that it has no direct means of implementing the arrest. It has no special judicial police or enforcement mechanisms with which to implement the arrest warrant. So the ICC relies on the mechanisms available in the international community to arrest the suspected person to take them into custody and ensure that they appear before the court.  The ICC can also go to the UN to ask the UN to issue a demand to the mentioned person to appear before the court. If the UN orders the warrant, all the permanent members of the UN should, together with the signatory countries to the Rome declaration, arrest the person if he enters their country’s airspace or territory. The arrest warrant can even be implemented by Interpol.  In July, the ICC prosecutor will present his report to the UN. Then, the UN Security Council has the power to impose tough sanctions on the country, according to a clause in the Rome agreement. The clause underlines the protection of international peace and gives the UN the right to intervene militarily - and that is the most dangerous part of it.”

That was Farouk Abu Issa, a prominent lawyer and opposition politician, speaking from Khartoum.
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4 March - (Juba) - The President of the Government of Southern Sudan, Salva Kiir Mayardit, said that despite the decision by the International Criminal Court to issue an arrest warrant for President Omar Al Bashir, the Sudanese people will not hand over the president to the ICC.

Addressing a press conference in Juba on Tuesday before the ICC announced its decision to issue the warrant, Kiir said that the SPLM and the National Congress Party are committed to protecting President al-Bashir.

[Salva Kiir]:“Nobody in Sudan or anybody coming from anywhere will hand over President al-Bashir to the ICC. In the first place, it is the first of it kind that the head of state serving in office has been ever indicted. It is a thing that has not happened before and because of that I don’t think that the Sudanese will be in a position to hand over President al-Bashir, even if the announcement was made. In any case, I have made it clear before in my statement that it will not be the end of everything by itself.”

Kiir appealed to the armed forces and law enforcement agencies to maintain law and order after the ICC announcement.

[Salva Kiir]:“My dear compatriots, fellow Sudanese, tomorrow, the Pre-Trial Chamber of the International Criminal Court will deliver its decision on the accusations against President Omar Hassan Ahmed al-Bashir. This is what the court had announced earlier. In tomorrow's expected announcement, the ICC may issue the warrant of arrest or it may throw out the case against the president. Tomorrow’s announcement may not mark the end of the ICC issue. This matter may hang on for sometime but it certainly will not mean the end of our country, the Sudan or government. We must move beyond tomorrow. And we will move beyond tomorrow. This episode should not be viewed as a crisis but as an opportunity to consolidate peace, justice and stability in our country. In order to move beyond tomorrow, we must continue to assure the security and safety of every citizen and resident in Sudan. I trust that our armed forces and law enforcement agencies shall respect the basic right of the people, maintain law and order and abide by the constitution. We in the presidency have reached a conclusion that all the foreign missions in Sudan, the embassies, all UN agencies, the peacekeepers, and any foreigners in Sudan will be protected. Nobody will be allowed to enter into the embassies”.

Kiir called on citizens to exercise calm and restraint, saying that the SPLM will work with its partners in the National Congress Party to study the political and diplomatic consequences of the court’s decision.

Charles Haskins
News Programming Advisor
Sudan Radio Service (SRS)
a project of Education Development Center
T: +254 715 05 2924 or +254 (20) 387 0906
F: +254 (20) 387 6520

Listen to SRS on the radio or on the web at www.sudanradio.org

AU says Bashir warrant could impede Sudan's peace process

The AU has been lobbying the UN Security Council to delay the arrest of al-Bashir. The Security Council, which, under the UN Charter, has the primary responsibility for the maintenance of peace and security in the world at large, has the power to suspend ICC investigation or prosecution of a case for up to one year at a time, according to the Article 16 of the Rome Statute that set up the world tribunal.

Source: China View 4 March 2009 - AU says Beshir warrant could impede Sudan's peace process -

ADDIS ABABA, March 4 (Xinhua) -- The arrest warrant, issued by the International Criminal Court (ICC) against Sudanese President Omar al-Beshir, could impede the peace process in Sudan, said the African Union (AU) on Wednesday evening.

In a statement, AU Commission Chairperson Jean Ping said "the search for justice should be pursued in a way that does not impede or jeopardize the promotion of peace."

Jean Ping said he was deeply concerned at "the far-reaching consequences of this decision, which comes at a critical juncture in the process to promote lasting peace, reconciliation and democratic governance in Sudan."

The AU Peace and Security Council is scheduled to meet on Thursday to review the situation, he said.

The AU chief said he was consulting with a number of stakeholders and AU partners "to mobilize support for the AU's position on this issue and to ensure that the hard-won but fragile gains made thus far in the quest for lasting peace and reconciliation in Sudan are not reversed."

Earlier on Wednesday, ICC issued the arrest warrant for the siting Sudanese president, but President al-Beshir denies the war crimes allegations and declines to deal with the court, the world's first permanent war crimes tribunal which was set up in 2002, and there is currently no international mechanism to arrest him.

The AU has been lobbying the UN Security Council to delay the arrest of al-Beshir. The Security Council, which, under the UN Charter, has the primary responsibility for the maintenance of peace and security in the world at large, has the power to suspend ICC investigation or prosecution of a case for up to one year at a time, according to the Article 16 of the Rome Statute that set up the world tribunal.

ICC Chief Prosecutor Luis Moreno-Ocampo accuses al-Beshir for his alleged role in what he called genocide in Darfur. The chief prosecutor requested the warrant for the Sudanese president last July. The Sudanese president dismissed such allegations as a Western conspiracy.

Sudanese Minister of State for Information and Communication Kamal Ebeid said that his government rejects the arrest warrant issued by ICC and will not deal with the court, the state television reported in the Sudanese capital of Khartoum on Wednesday."

The ICC's decision is regarded as a defiance against Sudan's sovereignty," Ebeid said, adding that "there is no firm evidence behind the ICC's arrest warrant." Editor: Mu Xuequan

White House won't say if Obama supports Sudan move

From Associated Press 4 March 2009 - excerpt:
White House won't say if Obama supports Sudan move

WASHINGTON — The White House is dancing carefully around the question of how President Barack Obama feels about the International Criminal Court's decision to issue an arrest warrant for Sudanese President Omar al-Bashir.

Press secretary Robert Gibbs said Wednesday the White House believes that anyone who has committed atrocities in Darfur should be held accountable. He said the president supports the pursuit of an immediate cease-fire and long-term peace in the region.

EU urges Sudan and all other parties to the conflict to cooperate with ICC

From EUbusiness (press release) 4 March 2009
EU urges Sudan to cooperate with ICC over Beshir

(BRUSSELS) - The European Union urged Sudan Wednesday to fully cooperate with the International Criminal Court after it issued an arrest warrant for President Omar al-Beshir over war crimes in Darfur.

"The EU urges the government of Sudan and all other parties to the conflict to cooperate fully with the ICC in order to comply with its obligations under international law and to combat impunity in Darfur," a statement said.

The 27-nation European bloc also underscored "its full support and respect for the International Criminal Court and its key role in the promotion of international justice."

Russia sceptical about al-Bashir arrest warrant

Report by DPA via The Earth Times -
Kremlin sceptical about al-Bashir arrest warrant

(Moscow) - Warning about the danger of further instability in Sudan, Russia on Wednesday reacted with scepticism to the arrest warrant issued by the International Criminal Court (ICC) for Sudanese President Omar al-Bashir. The ICC decision could further destabilize the situation in Sudan, a Russian Foreign Ministry spokesman warned, according to the Itar- Tass agency.

Mikhail Margelov, foreign policy spokesman for the Federation Council of Russia, commented that al-Bashir "must without a doubt answer for the crimes" in the Darfur.

But the timing of the arrest warrant could endanger the "recent positive dynamics" in the African country, he said. This could in turn have "terrible consequences" for humanitarian supplies.

Russia has 120 air force soldiers involved in the UN mission in Sudan. In the past, Moscow maintained good ties with Khartoum, selling arms to the leadership there.

Uproar in Sudan over Bashir war crimes warrant

ICC Prosecutor Moreno-Ocampo did not explain why Sudan would be obliged under international law to arrest al- Bashir even on its own territory.

Source: The Earth Times 4 March 2009
Expert: Convincing evidence needed to charge al-Bashir with genocide

Amsterdam - The International Criminal Court (ICC) in the Hague on Wednesday, did not include a count of genocide against Sudanese President Omar al-Bashir for alleged atrocities in Darfur as had been widely expected. The ICC listed only five counts of crimes against humanity and two of war crimes, but left the door open for amendments to the charge sheet to include genocide if more evidence is gathered in the case against him.

Speaking after the ICC announcement in The Hague on Wednesday, a Dutch expert on Sudan and the United Nations said it was never going to be easy to bring a charge of genocide against al-Bashir.

Genocide is the most serious charge in international law, requiring convincing and unequivocal evidence, said Dick Leurdijk of Clingendael Institute for International Relations and Diplomacy in The Hague.

"Apparently the evidence ICC prosecutor Luis Moreno-Ocampo presented the court was insufficient to substantiate this allegation," Leurdijk said.

"Former US secretary of state Colin Powell was the first to refer to a "genocide" in Darfur in September 2004," he added.

"But the European Union and the United Nations always consistently refrained from using that term. They may have been proven right by the court today," Leurdijk said.

However, he did not exclude the possibility that the charges against al-Bashir could actually be amended at a later stage.

Leurdijk said it was "too bad" that Moreno-Ocampo did not explain why Sudan would be obliged under international law to arrest al- Bashir even on its own territory.

"After all, Sudan has not recognized the authority of the International Criminal Court," he noted said.

"The ICC was established through political negotiations, not on the basis of a UN Security Council resolution like the International Criminal Tribunal for the former Yugoslavia," he said.

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Photo: Demonstrators campaigned for the indictment of President Omar Hassan al-Bashir of Sudan outside the Sudanese embassy in London on Wednesday. Source: NTY article by MARLISE SIMONS March 4, 2009 - Court Issues Warrant for Arrest of Sudan President - excerpt:

Reaction from Sudan, which has vowed to defy the court, was swift. “We strongly condemn this criminal move,” said Abdalmahmood Abdalhaleem, the Sudanese ambassador to the United Nations. “It amounts to an attempt at regime change. We are not going to be bound by it, we are not going to respect it.”Ambassador Abdalhaleem also said he was not worried about the president being arrested if he traveled to any friendly country, since many African and Arab states have expressed support for him.

Photo: A woman holds a poster of Sudan's president Omar al-Bashir at a demonstration in Khartoum against the international criminal court. Photograph: Zohra Bensemra/Reuters. Source: Guardian UK article by Xan Rice in Nairobi March 4, 2009 - Uproar in Sudan over Bashir war crimes warrant - Protests erupt and government attacks 'white man's court' after president is charged with Darfur war crimes - excerpt:

The government's initial reaction to the warrant announcement was dismissive. Speaking in Cairo, Sudan's justice minister, Abdel Basit Sabdarat, said: "We will not deal with this court. It has no jurisdiction, it is a political decision."

Mustafa Osman Ismail, an adviser to Bashir, accused the west of seeking to undermine the country's stability. "The court is only one mechanism of neo-colonialist policy used by the west against free and independent countries."

The ministry of information said in a statement: "There will be no recognition of or dealing with the white man's court, which has no mandate in Sudan or against any of its people."

"Sudan's sovereignty and independence is a red line that will be defended,"said the statement, which was carried by the Sudan Media Centre.

But the two main rebel movements in Darfur hailed the arrest warrant. Abdel Wahid Mohammed Nur, the leader of the Sudan Liberation Movement, described it as "a great victory for the victims of Darfur and Sudan". The Justice and Equality Movement said Bashir should appear before the court "to plead his innocence, if he were indeed innocent".

On the ground in Darfur and Chad, people displaced by the conflict gathered around radios and cheered when the ICC decision was announced. By then, however, the first ramifications of the warrant were being felt.

The aid organisation Médecins sans Frontières said it had pulled its entire expatriate staff out of Darfur on orders from the government. UN officials said hundreds of government troops paraded in El Fasher, the capital of North Darfur state, in an apparent show of strength.

There are concerns that local opposition groups and foreigners may be harassed or even attacked in the coming days and weeks.

Egypt, which hosted a visit from Bashir last week, said it was "greatly disturbed" by the ICC decision and called for an emergency meeting of the UN security council to defer the arrest warrant. Russia also strongly criticised the warrant.

Mikhail Margelov, Russia's special envoy to Sudan, said: "The untimely fulfilment of the ICC decision to arrest the president of Sudan will create a dangerous precedent in the system of international relations and could negatively affect the situation both inside Sudan and the overall situation in the region."

Hamas, which governs the Gaza Strip, described the warrant as unjust and political.

The US, which has described the Darfur conflict as genocide, called for restraint from all parties in Sudan, including the government.

"Further violence against civilian Sudanese or foreign interests must be avoided and will not be tolerated," said Robert Wood, the state department spokesman.

"The United States believes that those who have committed atrocities should be brought to justice as the ICC process continues."

France expressed its support for the court and urged Sudan to "fully co-operate" and to continue with peace negotiations to end the conflict.