Darfur war crimes to be tried in UN court

Last Updated Thu, 31 Mar 2005 23:26:11 EST

CBC News

UNITED NATIONS - The UN Security Council has voted to let the International Criminal Court try people accused of committing war crimes in Sudan's Darfur region.

• INDEPTH: Sudan

The resolution passed late Thursday after the United States agreed not to use its veto power – even though it opposes the UN court in The Hague.

In return, the U.S. wrung major concessions, including guarantees that any Americans participating in UN operations in Sudan wouldn't be prosecuted by the ICC or any other country's courts.

• INDEPTH: International Criminal Court

The resolution passed 11-0, with the United States, Algeria, Brazil and China abstaining.

Acting U.S. Ambassador Anne Patterson said Washington still "fundamentally objects" to the court but wanted to see change in Sudan.

"It is important that the international community speak with one voice in order to help promote effective accountability," Patterson said.

The administration of President George W. Bush opposes the court because it says it fears political enemies might launch frivolous or politically motivated prosecutions against Americans.

Thursday's resolution marked the latest development in drawn-out efforts by the Security Council to deal with the crisis in Darfur.

Fighting between government-backed militias and rebels has killed about 180,000 in the region. As many as 350,000 people may have died of pneumonia, diarrhea and malnutrition and more than 1.2 million have been driven from their villages in the past 18 months alone.

Human-rights groups and other observers – including former U.S. secretary of state Colin Powell – have condemned the violence as genocide.

Many have urged the UN to deploy a peacekeeping force to quell the world's worst humanitarian crisis.

But discussions at the Security Council have repeatedly been stalled by political wrangling, as the deaths continue.

On March 29, the Security Council voted to impose a travel ban and freeze assets of people who commit atrocities in Darfur.

• FROM MARCH 29, 2005: UN Security Council approves sanctions on Darfur offenders

A few days earlier, it unanimously approved a resolution to send 10,000 peacekeepers to southern Sudan, to monitor a peace deal that ended a 21-year civil war between the government and militants. But the troops won't be going to Darfur.

Full text of the UN SC resolution 1591 on Sudan

"The Security Council,

"Recalling its resolutions 1547 (2004) of 11 June 2004, 1556 (2004) of 30 July 2004, 1564 (2004) of 18 September 2004, 1574 (2004) of 19 November 2004, 1585 (2005) of 10 March 2005, 1588 (2005) of 17 March 2005, and 1590 of 24 March 2005, and statements of its President concerning Sudan,

"Reaffirming its commitment to the sovereignty, unity, independence and territorial integrity of Sudan, and recalling the importance of the principles of good neighbourliness, non-interference and regional cooperation,

"Recalling the commitments made by the parties in the 8 April N'djamena Ceasefire Agreement and the 9 November 2004 Abuja Humanitarian and Security Protocols between the Government of Sudan, the Sudan Liberation Movement/Army (SLM/A) and the Justice and Equality Movement (JEM), and recalling the commitments made in the Joint Communiqué of 3 July 2004 between the Government of Sudan and the Secretary- General,

"Welcoming the signing of the Comprehensive Peace Agreement between the Government of Sudan (GOS) and the Sudan People's Liberation Movement/Army (SPLM/A) in Nairobi, Kenya on 9 January 2005,

"Recognizing that the parties to the Comprehensive Peace Agreement must build on the Agreement to bring peace and stability to the entire country, and calling on all Sudanese parties, in particular those party to the Comprehensive Peace Agreement, to take immediate steps to achieve a peaceful settlement to the conflict in Darfur and to take all necessary action to prevent further violations of human rights and international humanitarian law and to put an end to impunity, including in the Darfur region,

"Expressing its utmost concern over the dire consequences of the prolonged conflict for the civilian population in the Darfur region, as well as throughout Sudan, in particular the increase in the number of refugees and internally displaced persons,

"Considering that the voluntary and sustainable return of refugees and internally displaced persons will be a critical factor for the consolidation of the peace process,

"Expressing also its deep concern for the security of humanitarian workers and their access to populations in need, including refugees, internally displaced persons and other war-affected populations,

"Condemning the continued violations of the N'djamena Ceasefire Agreement of 8 April 2004 and the Abuja Protocols of 9 November 2004 by all sides in Darfur and the deterioration of the security situation and negative impact this has had on humanitarian assistance efforts,

"Strongly condemning all violations of human rights and international humanitarian law in the Darfur region, in particular the continuation of violence against civilians and sexual violence against women and girls since the adoption of resolution 1574 (2004), urging all parties to take necessary steps to prevent further violations, and expressing its determination to ensure that those responsible for all such violations are identified and brought to justice without delay,

"Recognizing that international support for implementation of the Comprehensive Peace Agreement is critically important to its success, emphasizing that progress towards resolution of the conflict in Darfur would create conditions conducive for delivery of such assistance, and alarmed that the violence in Darfur nonetheless continues,

"Recalling the demands, in resolutions 1556 (2004), 1564 (2004), and 1574 (2004), that all parties to the conflict in Darfur refrain from any violence against civilians and cooperate fully with the African Union Mission in Darfur,

"Welcoming the 16 February 2005 N'djamena Summit on Darfur and the continued commitment of the African Union to play a key role in facilitating a resolution to the conflict in Darfur in all respects, and the announcement by the Government of Sudan on 16 February 2005 that it would take immediate steps, including withdrawal of its forces from Labado, Qarifa, and Marla in Darfur, and the withdrawal of its Antonov aircraft from Darfur,

"Commending the efforts of the African Union, in particular its Chairman, acknowledging the progress made by the African Union in the deployment of an international protection force, police, and military observers, and calling on all member States to contribute generously and urgently to the African Union Mission in Darfur,

"Reaffirming its resolutions 1325 (2000) on women, peace, and security, 1379 (2001) and 1460 (2003) on children in armed conflicts, as well as resolutions 1265 (1999) and 1296 (2000) on the protection of civilians in armed conflicts and resolution 1502 (2003) on the protection of humanitarian and UN personnel,

"Taking note of the Secretary-General's reports of 31 January 2005 (S/2005/57 and Add.1), 3 December 2004 (S/2004/947), 4 February 2005 (S/2005/68), and 4 March 2005 (S/2005/140), as well as the report of 25 January 2005 of the International Commission of Inquiry (S/2005/60),

"Determining that the situation in Sudan continues to constitute a threat to international peace and security,

"Acting under Chapter VII of the Charter of the United Nations,

"1. Deplores strongly that the Government of Sudan and rebel forces and all other armed groups in Darfur have failed to comply fully with their commitments and the demands of the Council referred to in resolutions 1556 (2004), 1564 (2004), and 1574 (2004), condemns the continued violations of the 8 April 2004 N'djamena Ceasefire Agreement and the 9 November 2004 Abuja Protocols, including air strikes by the Government of Sudan in December 2004 and January 2005 and rebel attacks on Darfur villages in January 2005, and the failure of the Government of Sudan to disarm Janjaweed militiamen and apprehend and bring to justice Janjaweed leaders and their associates who have carried out human rights and international humanitarian law violations and other atrocities, and demands that all parties take immediate steps to fulfil all their commitments to respect the N'djamena Ceasefire Agreement and the Abuja Protocols, including notification of force positions, to facilitate humanitarian assistance, and to cooperate fully with the African Union Mission;

"2. Emphasizes that there can be no military solution to the conflict in Darfur, and calls upon the Government of Sudan and the rebel groups, particularly the Justice and Equality Movement and the Sudanese Liberation Movement/Army to resume the Abuja talks rapidly without preconditions and negotiate in good faith to speedily reach agreement, and urges the parties to the Comprehensive Peace Agreement to play an active and constructive role in support of the Abuja talks and take immediate steps to support a peaceful settlement to the conflict in Darfur;

"3. Decides, in light of the failure of all parties to the conflict in Darfur to fulfil their commitments,

(a) to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council (herein "the Committee"), to undertake to following tasks:

i. to monitor implementation of the measures referred to in subparagraphs (d) and (e) of this paragraph and paragraphs 7 and 8 of resolution 1556 (2004), and paragraph 7 below;

ii. to designate those individuals subject to the measures imposed by subparagraphs (d) and (e) of this paragraph and to consider requests for exemptions in accordance with subparagraphs (f) and (g);

iii. to establish such guidelines as may be necessary to facilitate the implementation of the measures imposed by subparagraphs (d) and (e);

iv. to report at least every 90 days to the Security Council on its work;

v. to consider requests from and, as appropriate, provide prior approval to the Government of Sudan for the movement of military equipment and supplies into the Darfur region in accordance with paragraph 7 below;

vi. to assess reports from the Panel of Experts established under subparagraph (b) of this paragraph, and Member States, in particular those in the region, on specific steps they are taking to implement the measures imposed by subparagraphs (d) and (e) and paragraph 7 below;

vii. to encourage a dialogue between the Committee and interested MemberStates, in particular those in the region, including by inviting representatives of such States to meet with the Committee to discuss implementation of the measures;

(b) to request the Secretary-General, in consultation with the Committee, to appoint for a period of six months, within 30 days of adoption of this resolution, a Panel of Experts comprised of four members and based in Addis Ababa, Ethiopia, to travel regularly to El-Fasher, Sudan and other locations in Sudan, and to operate under the direction of the Committee to undertake the following tasks:

i. to assist the Committee in monitoring implementation of the measures in subparagraphs (d) and (e), paragraphs 7 and 8 of resolution 1556 (2004), and paragraph 7 of this resolution, and to make recommendations to the Committee on actions the Council may want to consider;

ii. to provide a mid-term briefing on its work to the Committee, and an interim report no later than 90 days after adoption of this resolution, and a final report no later than 30 days prior to termination of its mandate to the Council through the Committee with its findings and recommendations; and

iii. to coordinate its activities as appropriate with ongoing operations of the African Union Mission in Sudan (AMIS);

(c) that those individuals, as designated by the Committee established by subparagraph (a) above, based on the information provided by Member States, the Secretary-General, the High Commissioner for Human Rights or the Panel of Experts established under subparagraph (b) of this paragraph above, and other relevant sources, who impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities, violate the measures implemented by Member States in accordance with paragraphs 7 and 8 of resolution 1556 (2004) and paragraph 7 of this resolution as implemented by a state, or are responsible for offensive military overflights described in paragraph 6 of this resolution, shall be subject to the measures identified in subparagraphs (d) and (e) below;

(d) that all States shall take the necessary measures to prevent entry into or transit through their territories of all persons as designated by the Committee pursuant to subparagraph (c) above, provided that nothing in this paragraph shall obligate a State to refuse entry into its territory to its own nationals;

(e) that all States shall freeze all funds, financial assets and economic resources that are on their territories on the date of adoption of this resolution or at any time thereafter, that are owned or controlled, directly or indirectly, by the persons designated by the Committee pursuant to subparagraph (c) above, or that are held by entities owned or controlled, directly or indirectly, by such persons or by persons acting on their behalf or at their direction, and decides further that all States shall ensure that no funds, financial assets or economic resources are made available by their nationals or by any persons within their territories to or for the benefit of such persons or entities;

(f) that the measures imposed by subparagraph (d) above shall not apply where the Committee established by subparagraph (a) above determines on a case by case basis that such travel is justified on the ground of humanitarian need, including religious obligation, or where the Committee concludes that an exemption would otherwise further the objectives of the Council's resolutions for the creation of peace and stability in Sudan and the region;

(g) that the measures imposed by subparagraph (e) of this resolution do not apply to funds, other financial assets and economic resources that:

i. have been determined by relevant States to be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges or for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, or fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant States to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets and economic resources and in the absence of a negative decision by the Committee within two working days of such notification;

ii. have been determined by relevant States to be necessary for extraordinary expenses, provided that such determination has been notified by the relevant States to the Committee and has been approved by the Committee, or

iii. have been determined by relevant States to be the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds, or other financial assets and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered prior to the date of the present resolution, is not for the benefit of a person or entity designated by the Committee, and has been notified by the relevant States to the Committee;

"4. Decides that the measures referred to in subparagraphs 3 (d) and (e) shall enter into force 30 days from the date of adoption of this resolution, unless the Security Council determines before then that the parties to the conflict in Darfur have complied with all the commitments and demands referred to in paragraph 1 above and paragraph 6 below;

"5. Expresses its readiness to consider the modification or termination of the measures under paragraph 3, on the recommendation of the Committee or at the end of a period of 12 months from the date of adoption of this resolution, or earlier if the Security Council determines before then that the parties to the conflict in Darfur have complied with all the commitments and demands referred to in paragraph 1 above and paragraph 6 below;

"6. Demands that the Government of Sudan, in accordance with its commitments under the 8 April 2004 N'djamena Ceasefire Agreement and the 9 November 2004 Abuja Security Protocol, immediately cease conducting offensive military flights in and over the Darfur region, and invites the African Union Ceasefire Commission to share pertinent information as appropriate in this regard with the Secretary-General, the Committee, or the Panel of Experts established under paragraph 3 (b);

"7. Reaffirms the measures imposed by paragraphs 7 and 8 of resolution 1556 (2004), and decides that these measures shall immediately upon adoption of this resolution, also apply to all the parties to the N'djamena Ceasefire Agreement and any other belligerents in the states of North Darfur, South Darfur and West Darfur; decides that these measures shall not apply to the supplies and related technical training and assistance listed in paragraph 9 of resolution 1556 (2004); decides that these measures shall not apply with respect to assistance and supplies provided in support of implementation of the Comprehensive Peace Agreement; further decides that these measures shall not apply to movements of military equipment and supplies into the Darfur region that are approved in advance by the Committee established under paragraph 3 (a) upon a request by the Government of Sudan; and invites the African Union Ceasefire Commission to share pertinent information as appropriate in this regard with the Secretary-General, the Committee, or the Panel of Experts established under paragraph 3 (b);

"8. Reiterates that, in the event the parties fail to fulfil their commitments and demands as outlined in paragraphs 1 and 6, and the situation in Darfur continues to deteriorate, the Council will consider further measures as provided for in Article 41 of the Charter of the United Nations;

"9. Decidesto remain seized of the matter."

Explanations after Vote

ABDALLAH BAALI (Algeria), expressing his country's profound outrage at the heavy price that civilians had paid and continued to pay in the fratricidal Darfur conflict, said Algeria had supported all international efforts to prevent their continued suffering, particularly the African Union's approach towards the achievement of a peaceful political solution. In the political arena, Algeria had maintained permanent contacts with the parties, as well as with African Union Chairman Olusegun Obasanjo and the Abuja process, and had firmly supported the deployment of the African Union mission and the Abuja Protocols.

He said Algeria had contributed military observers and made available heavy-duty transport and equipment to the mission. It had also provided humanitarian assistance, including 36 doctors. Algeria was supporting African Union efforts while respecting that organization's leadership role and was, therefore, gratified by the United Nations decision to send an evaluation mission. In the spirit of seeking a balanced approach, and taking into account respect for Sudan's sovereignty and territorial integrity, Algeria had engaged in the discussions preceding the adoption of the resolution. While that important document had managed to take the conflict a decisive distance towards resolution, Algeria deplored the fact that it had not achieved unanimity.

There had been a consensus within the Council about the need to send a firm message to the parties, he said. While supporting that approach, the Algerian and other delegations had proposed a rebalancing of the text to ensure that it contained no ambiguity and had informed the sponsors of doubts concerning the positions adopted by some delegations, particularly concerning the relevance of certain measures and their effect on Sudan's North-South peace process. The text did not take account of early trends towards a resolution to the conflict and of the reduction in violence. Algeria regretted that the sponsors had decided to retain the text as it was and had made no effort to promote the consensus that was clearly within grasp. The Council had missed an historic opportunity to speak with one voice, which would have had given the text more weight.

ANDREY DENISOV (Russian Federation) said he was concerned by the continuing complex situation in the Darfur province of the Sudan. Both sides in the conflict had not complied with the demands of the United Nations. During the difficult work of negotiating the resolution, the position of his country and that of its partners in the Council aimed at promoting the speedy resolution of that situation, of making the parties aware of their responsibilities to the people of the Sudan and the international community. The question was how to achieve that objective and not to act to the detriment of the situation. He was convinced that the potential for diplomatic efforts had not been exhausted.

It was important, he said, to give time to the Government to show itself in a positive light. The imposition of sanctions was hardly likely to create a positive tone for their compliance. On numerous occasions, his delegation had noted the need to draw up an effective mechanism to assist the parties in the speedy resumption of talks in Abuja. The sanctions against the Sudan were hardly likely to promote that. There were serious doubts about the implementation of the sanctions regime imposed by the Council. In that context, he had taken note of what was expressed during the discussions on the resolution before its adoption, namely, the holding of a review of the sanctions regime.

Both the African Union and the League of Arab States, he noted, had unequivocably opposed strengthening sanctions pressure in the Darfur context, a view his delegation shared. Unfortunately, the authors of the resolution did not fully take into account those views. Therefore, he was not able to support the draft, and was continuing to promote the speediest settlement of the crisis in Darfur.

WANG GUANGYA (China) said his delegation had abstained because it had serious reservations about the text. The Council's recent adoption of resolution 1590 (2005) authorizing the deployment of a United Nations mission in southern Sudan was a correct decision to help the Sudanese people achieve peace and, today, as an indispensable part of the search for peace throughout the country, it should have seized the opportunity to urge the resumption of negotiations under the African Union. However, continuing to exert pressure without considering the complexity of the specific circumstances of Darfur would not help the drive for a political solution.

The African Union had expressed a clear view on that question, which should be taken into consideration, he said, adding that China had always taken a cautious approach to sanctions. The resolution should support and work with the African Union. Thanks to the international community, there had been an easing of the violence in Darfur and the situation involved many complex factors. China, having suggested amendments to the text adopted today in order to achieve consensus and speak with one voice, had failed to meet with a positive response and had, therefore, abstained.

AUGUSTINE P. MAHIGA (United Republic of Tanzania) regretted that the situation in Darfur had compelled his delegation to vote for the resolution, after waiting months for the Abuja negotiations to resume. Today, the peace process remained stalled and there was no sign of improvement in the humanitarian situation. The N'Djamena Ceasefire Agreement remained fragile, at best. If there had been more time for the resolution, it would have been possible to find more agreeable language. Through the peace process and the Comprehensive Peace Agreement, the present Government was committed and capable of pursuing a peaceful solution to the Darfur crisis. The installation of the new Government in two months would bring further commitment and experience in the search for a peaceful settlement in Darfur.

Also, he continued, the African Union mission was on the ground to monitor and supervise the ceasefire and provide security to civilians. It had proved effective on both counts, where it was deployed. He hoped that the bottlenecks on a more rapid deployment would be overcome. The increased numbers would make the ceasefire more durable. The Sudanese Government must have the capacity to provide the required cooperation to the African Union mission. The new Transitional Government in the Sudan should not be subjected to a sanctions regime, but start in a positive atmosphere. The Council should consider reviewing the measures as soon as the new Government was in place. In addition, the measures should not prejudice assistance to the Sudan for reconstruction at the forthcoming donors' conference in Oslo. He appealed to all parties in the Sudan to respond to the Council and the international community by taking a bold and decisive move towards peace in Darfur before the measures voted here today became effective.

ELFATIH MOHAMED AHMED ERWA (Sudan) said his country did not deny that the Council should take care of what was happening in Darfur, nor its right to maintain international peace and security. However, the Sudan did not wish the Council to take measures that might make the situation worse instead of better.

Why were the Abuja negotiations still at the same place, not having achieved any progress? he asked. The other side had been waiting for the Council to use the "stick" so that they could continue what they had been doing, but the more sticks were used the worse the problem would become. The Council talked of supporting the African Union, but its actions complicated that body's position. The resolution's sponsors knew the situation and that the Sudan had open lines with them, but there were other issues involved, including internal politics and conflicts over the International Criminal Court, that were more important than solving the immediate problem. Certain pressure groups and "drum beaters" were putting pressure on governments.

He said that during the negotiations the sponsors had insisted on showing no flexibility, justifying that position by saying that the resolution had the support of Congress. The text was a resolution by the United States Congress, which knew neither the history of nations nor the culture of other peoples. The resolution was against the position of the African Union whose forces were suffering in the Sudan. They knew the complexity of the situation, yet their understanding had been ignored for the sake of a unilateral resolution. If some African Union members had voted in favour of the text, it was their sovereign right to do so, but that did not prove that they held the African Union's position. The Council had decided to ignore that position, because African culture held neither meaning nor standing with it and it could impose its own resolutions. The Sudan held the Council responsible for adopting an unwise resolution.

STUART HOLLIDAY (United States) said that the United States and 12 other members of the Council, including two African States, had voted for the resolution. Defending the honour of the United States Congress, he noted that many members of Congress cared deeply about Darfur. They and others in the United States hoped the resolution would contribute to the end of the violence in Darfur and the successful conclusion of the Abuja peace process..( sudan tribune)

Chad accused Sudan of harboring opposition

NDJAMENA, Mar 24, 2005 (Sudan Tribune) -- According to concordant sources, Idris Déby, the Chadian president, accused Sudan of harboring and arming the Chadian opposition in western Sudan to destabilize his regime.

Mohamat Sileck

This came during the meeting in the Chadian capital N'djamena between him and the Sudanese vice president Ali Osman Taha on Friday March 18, 2005.

Sources said Deby specified the Alliance Nationale de la Résistance (ANR), an umbrella of armed Chadian political forces, and mentioned the name of Mohamat Sileck the leader of the ANR and his military commander Mohamat Nour.

In the same meeting Taha, accused Déby of arming Darfur rebels groups. He indicated that all the rebels' arms, logistics and munitions are form the Chadian army, and he can't understand that Déby was not aware of this fact as he pretend.

Sudanese security services submitted since last year reports alleging that Déby is personally involved in the supplying of Darfur rebels. The purpose of N'djamena is to secure eastern border and prevent Chadian opposition from carrying out any miliarty action starting form the western Sudan.

If so, relations between the two countries may deteriorate soon and military confrontation between the two countries could not be excluded.

Chadian president is very ill and came to Paris this week to make some medical examines.

Sources said the Chadian opposition is well trained and ready to engage military operations. The ANR represents a real threat to Déby because some Chadian army elements are favourable to the armed opposition.

In December 1990, with Libyan assistance and no opposition from French troops stationed in Chad, Déby's forces successfully marched on N'Djamena from his basis in Sudan's Darfur.

policemen, Arab nomad killed in market gun fight

RUMBEK, Feb 22, 2005 (Sudan Radio Service) -- Four people of Arab origin and one Dinka man came to a place called Akoch, one of the payams in Twich. So when they were asked what they were coming to do there they told the commissioner that they were looking for grazing land.

Members of the New Sudan Police practice a drill , Tuesday, Jan. 18, 2005 in Rumbek in southern Sudan. (AP).

Then when the interrogation went further they again said they wanted food, therefore, they should be allowed to go to the market.

Sudan relief and rehabilitation commission official Dominic Deng indicated "When they got to the market they got the local authorities - what they call shurta, and they were asked to give their guns, they refused and when the shurta approached them to get the guns from them, immediately they shot the guy".

"Five of the Sudan People's Liberation Army police were shot dead, then in retaliation one of the Murahiliin was injured but also died." Deng added.

The other three Murahiliin reportedly abandoned their camels and ran away. The SPLA told SRS they are in hot pursuit of the three Murahiliin who are still at large.

Darfur rebels ambush Sudanese troops; govt bombs villages

N'DJAMENA, Chad, Feb 23, 2005 (AP) -- Rebels ambushed Sudanese troops and Sudan's military bombed and destroyed eight villages in Darfur, officials said Wednesday, detailing the latest reported violations of a largely ignored cease-fire in the western region of Sudan .

Sudan Liberation Army rebel patrolling the desert west of El Fasher, the capital of North Darfur. (Ruters) .

The rebel ambush reportedly took place Tuesday in Graida, a town about 100 kilometers south of Nyala, the capital of South Darfur state, one of the three states that make up Darfur, a region roughly the size of France, said Ahmat Allam-mi, a member of a commission monitoring the cease-fire.

The government has reported the attack to the commission, but African Union monitors in Darfur haven't yet been able to investigate the report, said Allam-mi, who is also an adviser to Chadian President Idriss Deby.

The Justice and Equality Movement, one of Darfur's two main rebel groups, said on its Web site Wednesday that the military has in the last four days bombed and completely destroyed eight villages in Darfur. No other details of the attacks were provided, and it was not immediately possible to independently verify the report.

It was not clear if the bombing was reported to cease-fire monitors.

Darfur has been torn by conflict since February 2003, when rebels from the region's ethnic African tribes took up arms, complaining of discrimination by the Arab-dominated government in Khartoum. A pro-government Arab militia launched a counterinsurgency in which thousands have been killed. An estimated 2 million people have been displaced by the fighting.

Chad and the AU have mediated peace talks between the government and rebels.

African leaders last week urged the government and all Darfur's rebel groups to show AU monitors their positions so the cease-fire, signed in April, can be enforced.

The Justice and Equality Movement, however, rejected the suggestion, and Allam-mi said Wednesday that the group could be excluded from future peace talks.

The rebel group "is putting itself against the peace process...we appeal to them to reconsider their position," said Allam-mi. "Otherwise the international community and Chad could consider the option to exclude them from the peace process."

Allam-mi said Chadian and AU mediators will meet in the Nigerian capital, Abuja, Thursday to work on a program to get peace negotiations back on track in mid-March.

He didn't say how long the Abuja meeting will last.

The most recent round of Darfur peace talks began Dec. 11, but rebels boycotted meetings with government delegates two days later, alleging a new government offensive, and the talks broke down within weeks.(sudan tribune)

Raped Darfur women wrestle with fate of babies

Sunday February 20th, 2005.

By Nima Elbagir

KALMA, Sudan, Feb 19 (Reuters) - When Hawa reported the rape of her and seven other women in Darfur by Arab militia, the police told her to forget it had happened.

A young girl listens to women talking in a counselling tent at Abushouk camp near El Fasher, the capital of North Darfur state November 7, 2004. The camp is home to more than 45,000 people who have fled fighting in western Sudan's troubled Darfur region, where sexual violence against women is common. (Reuters).

"The police came at night and said; 'Do you want to make us like Iraq? Do you want to bring foreign troops here?"' she said in southern Darfur's Kalma camp, which is home to some of the two million people displaced by two years of violence in Darfur.

"The rapes never stop, sometimes there are more, sometimes less," she said, accusing militiamen known as Janjaweed of the crime. "Now the Janjaweed babies are being born and the girls are throwing them down latrines," she said.

"Better the babies are lost this way than we carry the burden," she said, falling silent as she stared into her coffee cup.

U.N. Secretary-General Kofi Annan urged the Security Council Wednesday to take immediate steps to stop the Darfur war, which has killed at least 70,000 people since March.

Women in the overcrowded camp say the birth of children conceived by rape brings unwelcome attention from the security forces, who they say are either unwilling or unable to ease their plight.

"Sometimes the security forces come and ask questions when they hear it is a Janjaweed baby. Better we say the babies were never born," Hawa said.

Hawa's friends point out a woman who gave birth to a child conceived by rape. The victim nods as the women explain how the child died of malnutrition because the mother was too distressed to breast-feed.

Darfur rebels have accused the Sudanese government of using the Arab militia as a proxy force to crush their uprising. Rebels and human rights groups say they have looted and burned villages in Darfur and conducted a campaign of rape.

The government says it recruited some militias to fight the rebellion but not the Janjaweed, who it has called outlaws.

"WHERE IS AMERICA?" "The honor of our women has become cheap," said one man who fled his home 14 months ago. "Where is America, where are those who say they care?" "We are castrated. We lie here under trees while our women go out to be raped because we cannot leave the camps," he said.

The man with him gestures angrily at the camera.

"The journalists come and they write their stories and take our pictures and we are the ones who stay behind to suffer. You come here and then leave and the police beat and humiliate us. Go away," he said.

The authorities said new police had been brought from outside the region to try and build the trust of the displaced.

"The police today are not the same force. They have been trained in how to handle the situation," said Alhaj Atta Almannanm, governor of South Darfur State.

"It is the displaced who are traumatized and still obsessed with what went before and so see intimidation and violations everywhere," he said.

After years of tribal conflict over scarce resources, Darfur's rebels took up arms in February 2003, accusing Khartoum of neglect and giving preferential treatment to Arab tribes.

"Until the day the United Nations gives us a certificate to say trust the government and go home, I will stay in the camps and watch my youth rot," Hawa said.(sudan tribune)

Annan Urges Security Council to Take Action Against Killings, Displacement in Darfur, Sudan

Annan Urges Security Council to Take Action Against Killings, Displacement in Darfur, Sudan

UN News Service (New York)
NEWS
February 16, 2005
Posted to the web February 16, 2005

United Nations Secretary-General Kofi Annan, saying the evidence pointed to crimes committed by the Sudanese Government, militia and rebel forces, today urged the Security Council to act urgently to stop further death and suffering in the strife-torn Darfur region and "to do justice for those whom we are already too late to save."

He addressed the Council as it received a report from UN High Commissioner for Human Rights Louise Arbour on the findings of the five-member International Commission of Inquiry on the conflict in Sudan's vast region in the west.

"The Commission has established that many people in Darfur have been the victims of atrocities perpetrated on a very large scale, for which the Government of Sudan and the Janjaweed are responsible - including war crimes and very likely crimes against humanity," he said.

"The Commission has also found credible evidence that rebel forces are responsible for serious violations, which may amount to war crimes."

The panel recommended referring those responsible for the Darfur situation to the International Criminal Court (ICC) so that their crimes would not be left unpunished, he said.

Most estimates put at 70,000 the number of people killed since the conflict began two years ago, with another 1.65 million internally displaced and 200,000 more who fled over the border into Chad.

While concluding that the Government had not committed genocide, the Commission said it found that Government forces and militias had committed crimes against humanity that "may be no less serious and heinous than genocide."

It listed the indiscriminate killing of civilians, torture, enforced disappearances, destruction of villages, rape and other forms of sexual violence, pillaging and forced displacement.

Rebel forces were also responsible for possible war crimes, including the murder of civilians and pillage, it said.

"As others have said before me, while the United Nations may not be able to take humanity to heaven, it must act to save humanity from hell," Mr. Annan said.

"This report demonstrates beyond all doubt that the last two years have been little short of hell on earth for our fellow human beings in Darfur. And, despite the attention the Council has paid to this crisis, that hell continues today."

Statement by Ms. Louise Arbour

xxxxxxxxxx

Statement by Ms. Louise Arbour High Commissioner for Human Rights to the Security Council on The International Commission of Inquiry on Darfur New York; 16 February 2005

xxxxxxxxxx

Mr. President,
Secretary-General,
Members of the Council, Distinguished Representatives,

The urgent need to stop the violence in Darfur is widely acknowledged. One way to reduce the carnage – not the only way, but a credible and legitimate way – is to remove from their positions those who orchestrate or execute it. The Security Council has taken the lead in this regard, through its call for the establishment of a Commission of Inquiry in resolution 1564 (2004).

The findings of that Commission, which you have before you and which I shall highlight today, provide a blueprint for action. The Commission's recommendations are not merely of retrospective importance. Their implementation will not only do justice for the victims of the massive crimes committed in Darfur, but may actually contribute to reducing the exposure of thousands of prospective victims.

This is the context in which today's call for action needs to be understood.

On adoption of resolution 1564, the Secretary-General appointed five outstanding international legal and human rights experts as Commissioners. They brought with them a wealth of knowledge from different legal systems and expertise in international human rights, humanitarian and criminal law.

The Commission's mandate was:

1. To investigate reports of violations of international humanitarian law and human rights law in Darfur by all parties;
2. To determine whether or not acts of genocide had occurred; and,
3. To identify the perpetrators of such violations with a view to ensuring that those responsible were held accountable.

The Secretary-General requested my Office to assist the Commission in its work. My Office created a secretariat composed, in all, of more than 30 persons, including legal and human rights officers supporting the day-to-day work of the Commissioners, and field-based teams composed of criminal investigators, including some with backgrounds in sexual violence, military analysts, and forensic experts.

The Commissioners undertook two missions to the Sudan, including Darfur, as well as visiting relevant parties in Chad, Eritrea and Ethiopia. When the Commissioners returned to Geneva following their first mission to the Sudan in November 2004, their investigative teams stayed in the country and remained on the ground, primarily in Darfur, for a total of eight weeks, until 19 January 2005. In addition to the material collected by the Commission itself, it also received information and evidence from a very broad range of sources, including Governments, NGOs and various international organizations.

The Commission reported to the Secretary-General within three months: on 25 January 2005. Its findings are clear and thoroughly documented.

First, the Commission found that large-scale war crimes and crimes against humanity had been committed by Sudanese Government officials and the Janjaweed militia. In particular, the Commission found that Government forces and militias had, throughout Darfur, engaged in indiscriminate attacks against civilians, murder, torture, enforced disappearances, destruction of villages, rape, pillage and forced displacement. These acts took place on a very large scale and in a systematic manner, and may therefore amount to crimes against humanity.

Consider the events in Kailek, a village in South Darfur mainly populated by people of the Fur tribe. Kailek and surrounding villages were attacked twice by Government forces and Janjaweed. Following the second attack in March 2004, the villagers fled to the mountains where they were hunted down by mounted Janjaweed. The military shelled the area and machine-gunned those in flight; some were captured and shot and killed.

For a period of about 50 days, up to 30,000 people were confined in a small open area in Kailek. They were subject to the most abhorrent treatment. Some men were singled out and summarily shot. There are reports of people being thrown onto fires and burnt alive. Women and children were separated out, confined in a walled area, and periodically taken away by their captors to be raped, some subjected to gang rapes.

As evidenced in the Commission's report, the case of Kailek is not unique in today's Darfur.

With regard to the rebels, the Commission found credible evidence that members of the SLA and JEM were also responsible for serious violations which may amount to war crimes. In particular, these violations include cases of murder of civilians and pillaging. However, the Commission did not find a systematic or a widespread pattern to these violations.

Second, the Commission concluded that the Government of Sudan had not pursued a policy of genocide. In other words, it did not find a demonstrated, specific intention, expressed as a government policy, to exterminate, in whole or in part, a national, ethnic, racial or religious group, protected under the definition of genocide.


However, the Commission recognized that only a competent court could determine, on a case by case basis, whether individuals, including Government officials, ordered or participated in atrocities motivated by the genocidal intent to exterminate a protected group, in which case they could be found guilty of the crime of genocide.

It is, in my view, important to stress that nothing in the Commission's report precludes the possibility of individuals being convicted of acts of genocide in relation to the events in Darfur. Personal criminal responsibility is not determined by government policy.

Furthermore, the Commission stressed that its conclusion that no genocidal policy had been pursued should not be taken as in any way detracting from, or belittling, the gravity of the crimes perpetrated.

Third, the Commission identified 51 individuals suspected of international crimes in Darfur. It decided to withhold their names from the public domain so as to respect the suspects' right to due process and to ensure the protection of witnesses from possible harassment or intimidation. The names of these suspects are contained in a sealed file that has been placed in the custody of the Secretary-General to be handed over to a competent prosecutor. Needless to say, this list is neither exhaustive nor binding. In addition, the Commission handed to me a sealed file containing the evidentiary material it collected, also to be delivered to a competent prosecutor.

The Commission reviewed steps taken by the Sudanese Government and judicial authorities to address these crimes and concluded that they were both unwilling and unable to act. It noted that the justice system had been significantly weakened during the last decade, and that restrictive laws granting broad powers to the executive particularly undermined the effectiveness of the judiciary. Many of the laws in force in Sudan today contravene basic human rights standards and the Criminal Procedure Code contains provisions that prevent the effective prosecution of these crimes. In addition, many victims informed the Commission that they had little confidence in the impartiality of the Sudanese justice system and its ability to bring to justice the perpetrators of the serious crimes committed in Darfur and many feared reprisals if they resorted to it.

Despite the magnitude of the crisis, the Government informed the Commission of very few cases of individuals who had been prosecuted or even disciplined in the context of the situation in Darfur, which led the Commission to observe that measures taken so far had been grossly inadequate and ineffective.

In my view, any new initiative proposed by the Government of Sudan today to address these crimes could not be supported in light of the Commission's conclusions. In particular, the extent of involvement of Government officials, as documented by the Commission, would appear to foreclose such options.

The Commission carefully considered a broad range of other accountability measures.

For reasons outlined above, the Commission also excluded the possibility of establishing mixed courts.

The Commission also excluded the possibility of either establishing an ad-hoc international tribunal, or expanding the mandate of an existing tribunal. The Commission concluded that ad hoc measures would likely prove unduly time-consuming and expensive.

The Commission strongly recommended that the Security Council refer the situation of Darfur to the International Criminal Court. The Commission held the view that referral to the ICC was the only credible way of bringing alleged perpetrators to justice and advised against other measures. Activated by Security Council referral, the ICC would be empowered to prosecute any persons for acts committed in Darfur which amount to any of the crimes listed under the Rome Statute.

Designed, in part, for the purpose of addressing crimes which threaten international peace and security the ICC could be activated immediately. With an already existing set of well-defined rules of procedure and evidence, the Court is the best suited institution for ensuring speedy investigations leading to arrests and demonstrably fair trials.

In addition, the Commission urged that the Council act not only against the perpetrators but also on behalf of victims. It therefore proposed the establishment of an International Compensation Commission.

Mr. President, Members of the Council,

Murder, torture, enforced disappearances, destruction of villages, rape and forced displacement continue to be committed against the people of Darfur. These crimes have been and, it appears, continue to be perpetrated, on a widespread and systematic basis, by Government officials and Janjaweed leaders or those under their command. Members of rebel groups are also responsible for war crimes.

What is most urgently needed now are concrete measures to bring the current violence to an end and restore security and dignity to the people of Darfur. The Commission, in my view, eloquently and powerfully argues that referral to the ICC is the best means by which to halt ongoing violations and prevent future ones.

As stressed by the Commission, there are other immediate actions to be taken, which the Council may wish to note, including granting full and unimpeded access by the International Committee of the Red Cross and United Nations human rights monitors to all those detained by the Sudanese authorities in relation to the situation in Darfur.

The protection of witnesses and victims of human rights violations is urgently needed. I have written to the Government of Sudan with regard to these issues and have already appointed a Witness Protection Officer to follow up on any reports of threats or harassment of victims and witnesses perceived to have cooperated with the Commission.

Last September, the Council took an important first step towards bringing justice to the people of Darfur by requesting the establishment of an international commission of inquiry. The Commission has discharged its tasks with professionalism and integrity and placed before you a proposed course of action aimed at ending the brutality in Darfur, ensuring that perpetrators of atrocities are punished, and recognizing the dignity of the victims.

The pursuit of justice is often said to clash with the pursuit of peace. Whatever the theoretical merit of that proposition, the findings of this Commission of Inquiry irrefutably demonstrate that there is no hope for sustainable peace in Darfur without immediate access to justice.

foreign threats "do not scare us"

Sudanese vice-president says foreign threats "do not scare us"

Saturday February 19th, 2005.

KHARTOUM, Feb 18, 2005 (Alwan) -- First Vice-President Ali Osman Taha has reiterated Sudan's commitment to its national choices to face up to any foreign threats or UN sanctions threats.

Ali Osman Taha

He also affirmed that any violation of our honour or values would only make Sudan more determined to pursue its policies, and that any attempt in this regard would be defeated.

He went on to say: If any foreign power tries to undermine our policies, we will mobilize ourselves once again and fight to recover our peace.

He further said: Foreign threats do not scare us as we have been used to pressures, sanctions and hardship.

In his speech at a public rally at Al-Fula, the Western Kordofan State capital, and in Al-Nuhud town, he said that the Sudanese people were united in their determination to achieve peace, and that the movement Kordofan's Sudanese National Movement should come forward assured that there would be peace as there was no other way to bring stability in the country.

He added, however, that a number of foreign powers are trying anew to block our way once they saw that we had managed to end the war and made peace.

The first vice-president urged the setting up a broader front that would reflect unity between all the political forces ahead of the next phase which would require a united front that would guarantee peace in Sudan and serve its people.

Ali Osman Taha asserted that foreign conspiracy always looks for a way in. Before it created the north-south problem and now it is looking to foment inter-tribal conflict, Darfur is the best example, he added.

He said that the Darfur issue will be resolved in a just manner in line with the peace agreement which gave an opportunity to all Sudanese to participate in their country's political life

foreign threats "do not scare us"

Sudanese vice-president says foreign threats "do not scare us"

Saturday February 19th, 2005 00:43.

Printer-Friendly version

Send this article to a friend

KHARTOUM, Feb 18, 2005 (Alwan) -- First Vice-President Ali Osman Taha has reiterated Sudan's commitment to its national choices to face up to any foreign threats or UN sanctions threats.

Ali Osman Taha

He also affirmed that any violation of our honour or values would only make Sudan more determined to pursue its policies, and that any attempt in this regard would be defeated.

He went on to say: If any foreign power tries to undermine our policies, we will mobilize ourselves once again and fight to recover our peace.

He further said: Foreign threats do not scare us as we have been used to pressures, sanctions and hardship.

In his speech at a public rally at Al-Fula, the Western Kordofan State capital, and in Al-Nuhud town, he said that the Sudanese people were united in their determination to achieve peace, and that the movement Kordofan's Sudanese National Movement should come forward assured that there would be peace as there was no other way to bring stability in the country.

He added, however, that a number of foreign powers are trying anew to block our way once they saw that we had managed to end the war and made peace.

The first vice-president urged the setting up a broader front that would reflect unity between all the political forces ahead of the next phase which would require a united front that would guarantee peace in Sudan and serve its people.

Ali Osman Taha asserted that foreign conspiracy always looks for a way in. Before it created the north-south problem and now it is looking to foment inter-tribal conflict, Darfur is the best example, he added.

He said that the Darfur issue will be resolved in a just manner in line with the peace agreement which gave an opportunity to all Sudanese to participate in their country's political life.

World Must Act Now On Darfur, With Millions of Lives At Stake

World Must Act Now On Darfur, With Millions of Lives At Stake - UN Relief Chief

UN News Service (New York)
NEWS
February 18, 2005
Posted to the web February 18, 2005

The situation in Sudan's war-torn Darfur region is deteriorating rapidly, more than 4 million people could be in desperate need of life-saving aid by mid-year, and the Security Council and world at-large must act now to put a robust force on the ground and pressure on all sides, the top United Nations relief official warned today.

Humanitarian aid cannot be a substitute for necessary political and security action, UN Emergency Relief Coordinator Jan Egeland told a news briefing on the conflict, which began in early 2003 when rebels took up arms against Government forces but has since been compounded by attacks by Janjaweed and other militias against villages and civilians.

The basic lesson of earlier crises like Bosnia, Kosovo and Rwanda is "that too often the world sends us, the band aid, and the world believes that we keep people alive and then they don't have to take a political and security action. This is wrong and that's why we are really tired of being that kind of a substitute for political and security action," he said, calling for sanctions, though without specifying against which side.

"It's now one year since the world woke up to what we in the UN had already described for two to three months as the worst humanitarian crisis in the world," he added. Since then the number of internally displaced persons (IDPs) has doubled to between 1.8 million and 1.9 million "and it's growing by the day."

Painting an overall grim picture, he noted on the positive side that the humanitarian community - UN, non-governmental organizations (NGOs), the Red Cross and Red Crescent family - "have done our bit," with 9,000 aid workers on the ground, close to 1,000 of them international.

"We did prevent the massive famine that many predicted, but I think now it's time to say we may perhaps not be able to do so in the coming months if the situation keeps on deteriorating as it has," he said, calling for a tsunami-style increase in relief, a reference to the vast outpouring of international aid in the aftermath of the Indian Ocean disaster in December.

The number of IDPs and the many hundreds of thousands of others now outside of the camps who are in desperate need of assistance is bound to increase, he warned, adding: "Some are predicting 3 million, some are predicting 4 million, some are predicting more than that of people in desperate need of life-saving assistance as we approach the hunger gap in mid-year whose lives will be at stake."

But again, relief aid is not enough. "The Security Council has to act. The safe zone of Bosnia and many other historic examples show us that humanitarians are good at putting plaster on a wound but if you don't heal the wound, many, many more people will die because there is a war on," he warned, noting that the insecurity was also preventing humanitarian groups from reaching hundreds of thousands of those in need.

"We are very afraid of the security of our workers in the field," he said, noting that "armed men in the militias are getting away with murder of women and children and it is still happening and those who direct these militias are also getting away with murder," due to massive impunity for what an inquiry commission has called massive war crimes and crimes against humanity.

"Eight workers have been killed, our helicopters have been shot at, our trucks are being looted there, we are paralyzed," Mr. Egeland added. "We could have provided daily bread for more than 2 million people. We are at best giving to 1.5 million people. This cannot continue as now."

He called for a four- or five-fold increase in the African Union (AU) monitoring force in Darfur, now numbering between 1,800 to 1,900; more pressure on the Government, the rebels, ethnic and local leaders "who take those positions that lead to massive killing of women and children;" and robust mediation.

"It is an area bigger than France and it's filled with only one thing, there is only thing that there is abundance of in Darfur and that's sort of angry young men with Kalashnikovs and other automatic arms," Mr. Egeland said.

"Our staff on the ground is really working around the clock and are burning themselves out faster than anywhere else that I've seen in recent memory," he added. "I wish we had a fraction of [the Indian Ocean tsunami aid mobilization] for the Darfur tsunami which has displaced many more and which is potentially taking also more lives altogether unless action is taken."