ICC Prosecutor Seeks Arrest warrant for Sudanese Minister for Darfur Crimes

2 December 2011 –

The prosecutor of the International Criminal Court (ICC) today requested an arrest warrant against Sudanese Defence Minister Abdelrahim Mohamed Hussein for crimes against humanity and war crimes committed in Darfur.

According to a news release issued by the court, the evidence led the prosecutor to conclude that Mr. Hussein is one of those who bears the greatest criminal responsibility for the same crimes and incidents presented in previous warrants of arrest for government minister Ahmed Harun and Janjaweed leader Ali Kushayb, both of whom have been indicted by the court.

The alleged crimes that Mr. Hussein is allegedly responsible for were perpetrated during attacks on the towns and villages of Kodoom, Bindisi, Mukjar and Arawala in the Wadi Salih and Mukjar localities of West Darfur from August 2003 to March 2004

The attacks followed a common pattern: Sudanese Government forces surrounded the villages, the Air Force dropped bombs indiscriminately and foot soldiers, including militia or Janjaweed, killed, raped and looted the entire village, forcing the displacement of four million inhabitants. Currently, 2.5 million people remain internally displaced.

At that time Mr. Hussein was the Sudanese Minister for the Interior as well as Special Representative of the President in Darfur, with all of the powers and responsibilities of the President. He delegated some of his responsibilities to Mr. Harun, the Minister of State for the Interior, whom he appointed to head the “Darfur Security Desk.”

In the case against Mr. Harun and Mr. Kushayb, the pre-trial chamber ruled that local security committees coordinated these attacks. They were supervised by state security committees, which reported to Mr. Harun, who in turn, according to the evidence, reported to Mr. Hussein.

“The evidence shows that this was a State policy supervised by Mr. Hussein to ensure the coordination of attacks against civilians,” said Prosecutor Luis Moreno-Ocampo.

“Moreover, the evidence shows that directly and through Mr. Harun, Mr. Hussein played a central role in coordinating the crimes, including in recruiting, mobilizing, funding, arming, training and the deployment of the militia/Janjaweed as part of the Government of the Sudan forces, with the knowledge that these forces would commit the crimes,” he stated.

The Prosecutor believes that Mr. Hussein should be arrested to prevent him from continuing to commit crimes within the jurisdiction of the court.

This is the ICC’s fourth case in Darfur, which the Security Council referred to it in 2005 after a UN inquiry found serious violations of international human rights law. In addition to Mr. Harun and Mr. Kushayb, ICC judges have issued arrest warrants against Sudanese President Omar Al-Bashir for genocide, crimes against humanity and war crimes, and summonses to appear for rebel leaders Abdallah Banda, Saleh Jerbo and Abu Garda for war crimes.

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Ignore the African Union, Arrest Murmur Gaddafi

Commentary/African Democracy

Five months into the Libyan crisis that seeks to nurture democracy by clearing out the long-running Murmur Gaddafi dictatorial regime, the Libyan leader digs in precariously. Part of the reasons is the environment Gaddafi finds himself in – Africa, where he has like-minded leaders.

The June 29 to July 1 African Union (AU) Summit in Malabo, Equatorial Guinea that said African leaders “will not subscribe or respect the recent arrest warrant” smacked on Gaddafi by the International Criminal Court (ICC)” for crimes against humanity is inopportune for Africa’s democratic growth.

The AU’s stand on Gaddafi isn’t surprising. The Gaddafi lobby had recruited ex-Ghanaian dictator President Jerry Rawlings, who has weak democratic credentials and was helped by Gaddafi in 1981 to topple the democratically elected President Hilla Limann, to Malabo to talk some African leaders to disregard the ICC warrant. Similar arrest warrant slapped on the Sudanese President Omar el-Bashir on July 12, 2010, whose forces have killed over 300,000 civilians in Sudan’s Darfur, has not been enforced by AU members. In fact, Gaddafi had earlier arm-twisted fellow African leaders to ignore the ICC warrant whacked on el-Bashir.

African leaders do not share common democratic purpose. This is nauseating. They are tyrannical playactors against Africa’s real democratic needs – the rule of law, freedoms, social justice, equality and deep decentralization as harbingers for authentic advancement. This has made the swaggering AU a forum of unrealistic dictators at collision with realistic democrats. This is putting Africa’s emerging democracy and progress at risk.

Another bad omen for African democrats was the fact that Malabo, unlike Accra (Ghana) or Port Louis (Mauritius), wasn’t a positive democratic venue for their struggles. The dark, nightmarish undemocratic forces in Malabo were too strong for the burgeoning African democrats. The gloomy autocratic forces were able to disable the blossoming African democracy. Teodoro Obiang, the President of Equatorial Guinea, who hosted the AU summit and was elected the new chair of the AU, is horrific premonition for African democrats.

Equatorial Guinea is practically a one-party system despite multiparty democracy enshrined in its 1991 constitution. With only a population of 668,225, Equatorial Guinea may be oil rich but majority of Equatorial Guineans survive on less than US$2.00 a day. This is despite the fact that the US State Department reports, “the 2010 government revenue was about US$6.739 billion.”

Irrationally believing he is a God-sent, like Gaddafi and other African leaders, Teodoro Obiang has ruled Equatorial Guinea wistfully for 31 years, luckily dodging off attempts to overthrow him. With one of the worst human rights violations in Africa, Obiang tortures and has killed hundreds of Equatorial Guineans to contain opposition.

Whether in Malabo, Teodoro Obiang or Gaddafi, at issue are democratic values driven by Africans’ experiences and history. Malabo, Teodoro Obiang or Gaddafi is allergic to democratic ideals. They cannot put up with democratic daylight beamed onto their dark authoritarian practices by African democrats.

In this sense, at the heart of the tussle between the AU and the ICC are Africa’s democratic enlargement and its implications for Africa’s progress – based on Africa’s dark history of tyranny, social injustice and corruption by its leaders such as Gaddafi. The ICC incursion into Africa’s democratic growth, as Cote d’Ivoire’s President Alassane Ouattara indicated when he asked the ICC to “investigate allegations of serious human rights crimes committed during the country’s recent turmoil,” is that years of dictatorship have made the African legal system frail and at the mercy of dictators like Gaddafi.

Against this backdrop, it isn’t surprising that Gaddafi thinks the pro-democracy campaigners are possessed with evil spirits and should be ritually killed to cleanse Libya. But for NATO (the North Atlantic Treaty Organization) Gaddafi would have engaged in mass butchering of the Libyan pro-democracy campaigners. In the fashion of African style-human sacrifice, Gaddafi had planned to purify the Libyan society with the blood of the Libyan democrats.

While the world condemned Gaddafi, most African leaders did not. The reasons are obvious, most African leaders’ mind-set aren’t different from Gaddafi. Over the years, Gaddafi has gleefully bankrolled a good number of them. Despite this some African countries and institutions such as the main opposition party in Ghana, the National Patriotic Party, has asked for global support for Libya’s pro-democracy campaigners. The grand old Liberia has sided with Libyan democrats, following the heels of Senegal and Mauritania. Chad, which has suffered over the years from Gaddafi’s disorder, too, “supports efforts to drive Muammar Gaddafi from power.”

African watchers such as the Geoffrey York, of the Toronto-based The Globe And Mail, thinks part of the reasons why African leaders are soft on Gaddafi and shown no support for Africa’s pro-democracy revolutionaries is that democratic “revolution is often a luxury of an educated middle class, and much of Africa is too rural and too poor to sustain a national uprising … Dictators in sub-Sahara Africa often defend their power through a politically loyal military …”

Gaddafi’s legendary use of his family and his Bedouin ethnic group that dominated the Libyan military to violently suppress Libyans quest for democracy and freedoms in the past 42 years is open secret. This is the African “Big Man” syndrome at work, either in the Malabo AU summit or Tripoli’s Green Square, aided by prevailing armies and an unfeeling readiness to use brutality against democracy and freedom activists.

Still, some of the motives for the muted African voices are technology and ethnic and religious. Geoffrey York argues that limited technologies such as internet make it difficult for Africans to rally for Libyan democrats (Cell phones are hugely common but other forms of technology are limited). “And the ethnic and religious rifts in many African countries are huge obstacle to the organization of national” democratic “protest.”  This has restricted civil society.

Gibril Koroma, the Sierra Leonean publisher of the Vancouver-based www.thepatrioticvanguard.com argues that by not giving higher thoughts to Africa’s democratic evolution and supporting Gaddafi’s violent attacks against Libya’s democrats, the African Union “pumps oxygen into Gaddafi.” That’s sad and inhuman considering Gaddafi’s history of brutalities against Libyans and other Africans. In Gibril Koroma’s own native Sierra Leone, Gaddafi destructively helped finance and traine the murderous Revolutionary United Front that killed, maimed, raped, fire-boomed property, looted diamonds and amputed Sierra Leoneans – cutting off their limbs, noses, ears and genitals.

Other reasons why African leaders constantly keep quiet about Gaddafi’s dictatorial attitude, Gibril Koroma, in an op-ed piece in the Toronto-based Digital Journal argued, is “Gaddafi has used Libyan money to help most of the cash-strapped African countries and has been financially supporting the political and economic unification of the continent. Most African leaders are grateful for this and will stand by him through thick and thin.”

That’s untoward for a continent which progress has been stunted by the likes of Gaddafi. The nascent African democratic experiences reveal that democracy and freedoms will bring indestructibly superior advancement for the struggling Africans. Ghana, Botswana, Cape Verde, Mauritius, Mali, South Africa and Benin Republic attest to this. But majority of other Africans are still suffering under authoritarian regimes like Gaddafi’s.

Plausibly, this makes Gibril Koroma’s other argument that African leaders are cool with Gaddafi because of his make-believe mission of a United States of America and some Western leaders are “hypocrites,” some of whom aren’t “even a signatory to the ICC agreements,” off tangent. Yes, these may be true to some points. But the critical issue is Africa’s healthier democratic fruition for its progress informed by the contemptible political records of African leaders such as Gaddafi.

For their greater progress, Africans should ignore the wobbly African Union’s stand on Gaddafi and arrest Gaddafi if they locate him anywhere on the African continent for the International Criminal Court, for his crimes against Africans.

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Sudanese Leader Still Committing Crimes in Darfur, Security Council Told

8 June 2011 –Sudan’s President Omar al-Bashir continues to commit crimes against humanity and carry out genocide against the residents of Darfur in defiance of the United Nations, the Prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo, told the Security Council today.

In 2005 the Council referred the situation in Darfur to the ICC after a UN inquiry found serious violations of international human rights law. The ICC has since issued arrest warrants against Mr. Bashir on charges of genocide, war crimes and crimes against humanity, making him the first sitting head of State to be indicted by the court.

“President al-Bashir has learned how to continue to commit crimes challenging the authority of the UN Security Council, and ignoring Resolution 1593, as well as other resolutions,” Mr. Moreno-Ocampo said as he presented his 13th report to the Council.

Mr. Bashir and his supporters “continue denying the crimes, attributing them to other factors (such as inter-tribal clashes), diverting attention by publicizing ceasefire agreements that are violated as soon as they are announced, and finally proposing the creation of special courts to conduct investigations that will never start,” he said.

“The challenge to the Security Council’s authority is further evidence that the extermination of the Fur, Massalit and Zaghawa, as well as any tribe deemed disloyal to the regime, is a policy defined by the top leadership of the Government of the Sudan.

“It is calculated to ensure that the armed forces, their associated militia and other security bodies will continue committing new crimes, with the same modus operandi, wherever and whenever they are instructed to do so.”

Mr. Moreno-Ocampo said Mr. Bashir had threatened the international community with retaliation and more crimes as a result of his indictment. “This tactic is not new; it is the documented practice of massive criminals – denial, cover-up, and threat of repetition.”

He urged the Council to use the information exposed by the ICC to stop the crimes in Darfur, adding that the “prosecution, fulfilling its mandate, is willing to assist.”

Speaking to reporters after briefing the Council, Mr. Moreno-Ocampo noted that the recent arrest of the Bosnian Serb war crimes suspect Ratko Mladic, after nearly 16 years on the run, had shown the world that arrest warrants will eventually be carried out.

“Arrest warrants are not going away. Bashir is destined to face justice. The problem is the time [it will take] for the victims,” said Mr. Moreno-Ocampo.

He also told that the Council another Sudanese war crimes suspect indicted by the ICC for atrocities in Darfur, Ahmad Harun, has continued his illegal actions with impunity as a senior Government official.

“The record of Ahmad Harun provides a clear demonstration of the risk of impunity and ignoring information about crimes,” said Mr. Moreno-Ocampo.

“In my seventh report to this Council… three years ago, I expressed concern about Harun having been dispatched to Abyei to ‘address disputes’ between the Misseriya and the SPLM/A [Sudan People Liberation Movement/Army]. Following his dispatch, as I reported, Abyei was burned down, with 50,000 civilians displaced.

“In my ninth report, presented on 5 June 2009, two years ago, I expressed concern about Harun’s appointment… as Governor of South Kordofan. He is presenting himself as an efficient operator and is dubbed by the some members of the international community as the man to talk to get things done.”

Mr. Moreno-Ocampo also noted to the Council that the ICC had in March confirmed war crimes charges against two rebel leaders who stand accused of orchestrating the 2007 attack that resulted in the death of 12 African Union peacekeepers in the Haskanita area of Darfur.

Abdallah Banda and Saleh Jerbo have not disputed their participation in the attack and both have committed to surrender voluntarily to the ICC for trial. They have, however, demanded that Mr. Bashir too appear before ICC judges and respect the court’s decisions, Mr. Moreno-Ocampo told the Council.

UN News Center

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Africa: Rape and Other Sexual Abuse are Robbing Millions of Children of a Future, UNESCO Report

Photo from PowerOfPeace

Widespread rape and other sexual violence are depriving millions of children of an education in conflict-affected countries, UNESCO’s 2011 Global Monitoring Report warns.

The report, “The hidden crisis: Armed conflict and education,” calls for an end to the culture of impunity surrounding sexual violence, with strengthened monitoring of human rights violations affecting education, a more rigorous application of existing international law and the creation of an International Commission on Rape and Sexual Violence, backed by the International Criminal Court.

The international courts set up in the wake of the wars in the former Yugoslavia and the genocide in Rwanda have firmly established rape and other sexual violence as war crimes, yet these acts remain widely deployed weapons of war.

Of the rapes reported in the Democratic Republic of the Congo (DRC), one-third involved children (and 13% are against children under the age of 10). Unreported rape in conflict-affected areas of in the east of the country may be 10 to 20 times the reported level. That would translate into 130,000 to 260,000 incidents in 2009 alone.

In the report, 15-year-old Minova from South Kivu province in DRC describes her experience. “I was just coming back from the river to fetch water. … Two soldiers came up to me and told me that if I refuse to sleep with them, they will kill me. They beat me and ripped my clothes. One of the soldiers raped me. …My parents spoke to a commander and he said that his soldiers do not rape, and that I am lying. I recognized the two soldiers, and I know that one of them is called Edouard.”

Sexual violence damages education on many levels. Girls subjected to rape often experience grave physical injury – with long-term consequences for school attendance. The psychological effects, including depression, trauma, shame and withdrawal, have devastating consequences for learning. Many girls drop out of school after rape because of unwanted pregnancy, unsafe abortion and sexually transmitted diseases, including HIV and AIDS, as well as other forms of ill health, trauma, displacement or stigma.

Robbing children of a secure home environment and traumatizing the communities that they live in profoundly impairs prospects for learning. Sexual violence creates a wider atmosphere of insecurity that leads to a decline in the number of girls able to attend school.

Many countries that have emerged from violent conflict – including Guatemala and Liberia – continue to report elevated levels of rape and sexual violence, suggesting that practices that emerge during violent conflict become socially ingrained. While the majority of victims are girls and women, boys and men are at risk in some countries.

The report describes monitoring systems for rape and other sexual violence as among the weakest in the international system with United Nations agencies and others relying on a fragmented and often anecdotal body of evidence.

The report calls for change on four major fronts:

  • An International Commission on Rape and Sexual Violence should be established to document the scale of the problem, identify perpetrators and assess government responses. The Under-Secretary-General for UN Women should head the commission, with national review exercises coordinated through the Office of the Secretary-General’s Special Representative on Sexual Violence in Conflict.
  • All governments in conflict-affected states should be called upon to develop national plans for curtailing sexual violence, drawing on best practices. Donors and United Nations agencies should coordinate efforts to back these plans.
  • Strengthen United Nations coordination to combat sexual violence. The United Nations Entity on Gender Equality and the Empowerment of Women — UN Women — should be mandated, resourced and equipped to coordinate action across the United Nations system and oversee enforcement of Security Council resolutions.
  • The International Criminal Court could play a far more active role in enforcing Security Council Resolutions, and could inform United Nations, regional and national efforts to document levels of rape and other sexual violence, establish benchmarks for combating impunity, provide training, and strengthen the role of women in local and national leadership positions.

Mary Robinson, co-chair of the Civil Society Advisory Group to the UN on Women, Peace and Security, writes in the report: “Children living with the psychological trauma, the insecurity, the stigma, and the family and community breakdown that comes with rape are not going to realize their potential in school.

That is why it is time for the Education for All community to engage more actively on human rights advocacy aimed at ending what the UN Secretary-General has described as “our collective failure” to protect those lives destroyed by sexual violence.” The hidden crisis: Armed conflict and education, cautions that the world is not on track to achieve by 2015 the six Education for All goals that over 160 countries signed up to in 2000. Although there has been progress in many areas, most of the goals will be missed by a wide margin – and conflict is one of the major reasons.

The report is endorsed by four Nobel Peace Prize laureates: Oscar Arias Sánchez, Shirin Ebadi, José Ramos-Horta and Archbishop Desmond Tutu. Introducing the report, Archbishop Tutu says: “It documents in stark detail the sheer brutality of the violence against some of the world’s most vulnerable people, including its schoolchildren, and it challenges world leaders of all countries, rich and poor, to act decisively.” Of the total number of primary school age children in the world who do not attend school, 42% – 28 million – live in poor countries affected by conflict.[ad#Adsense-200by200sq]

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