The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP), expresses its satisfaction as Mr. “Bahr Idriss Abu Qerda”, suspected of committing war crimes in the Darfur region of Sudan, appeared voluntarily before the International Criminal Court , on May 17 2009.

ACIJLP believes that this measure may have a positive impact to the appearance of other suspects to the court to make a decision on charges that come within the jurisdiction of the court. On the other hand, the center belief in the fairness , the justice and the independence of the International Criminal Court, and its guarantees to the standards of fair trial. It is regarded as a step towards the reduction of the culture of impunity

On the occasion of this action, the Center calls on all Sudanese parties, whether governmental or non governmental, to take such action done by Mr. Bahr Idriss Abu Qerda, and appear voluntarily before the International Criminal Court, which will determine the charges attributed to them in a framework of fair and equitable trial guarantees as an effective step toward the achievement of justice on the crisis in the Darfur region.

It should be noted that Mr. Bahr Idriss Abu Qerda, suspected of responsibility for three war crimes – in accordance with the Statute of the Court – alleged to have committed during the armed attack on the African Union peacekeeping forces in Sudan (Haskanita military site in the municipality Om Kadadah North Darfur) on September 29^th 2007. this crime represented in murders (Article 8 – e -1), and intentionally directing attacks against personnel, installations, materials, units and vehicles involved in peacekeeping missions (Article 8-2 – e 3) and finally, the crime of robbery (Article 8-2 – e 5).  The Pre-Trial Chamber of the Court considered the request of the prosecution and the evidence presented in November 20, 2008 and concluded that there are reasonable grounds to believe that the responsibility of Mr. Bahr Idriss, as a direct or indirect partner in the mentioned crimes. On February 23, 2009 the Attorney General amended his request and submitted a request reported that the issuance of a summons – a substitute for arrest – would be sufficient to ensure that Mr. Abu Qerda will appear before the Court because it had already expressed his willingness to do so. It should also be noted that this is the third case that dealt with by the International Criminal Court on Darfur, after the case of The Prosecutor v. Ahmad Harun and Ali Kushayb and the case of The Prosecutor v. Omar Hassan al-Bashir .

ACIJLP (The Arab Center for Independence of the Judiciary and the Legal Profession) urges the Egyptian Government to extradite the Sudanese President El Bashir – currently visiting Egypt – to ICC (International Criminal Court) out of respect to its international obligations and as a signatory to the ICC Statute in December 26^th, 2000.

ACIJLP and Andalus Institute for Tolerance and Anti-violence Studies will submit a report to the Egyptian General Prosecutor to take the necessary measures to arrest the Sudanese President – during his stay in Egypt – and extradite him to ICC.

Despite the fact that the signatory states to ICC Statute – but don’t ratify or join yet – are not obliged to meet actual legal obligations, yet such signature reveals their intent to take tangible measures to express their willingness to abide by the Statute in a subsequent period. ACIJLP indicated.

Signing the ICC Agreement entails commitment on the signatory states – in the interval period between signature and ratification, acceptance or approval – to refrain in good will from committing any acts that would defeat the object and purpose of the agreement as stipulated in Article 18 of Vienna convention 1996: ” A State is obliged to refrain from acts which would defeat the object and purpose of a treaty when: (a) it has signed the treaty or has exchanged instruments constituting the treaty subject to ratification, acceptance or approval, until it shall have made its intention clear not to become a party to the treaty; or (b) it has expressed its consent to be bound by the treaty, pending the entry into force of the treaty and provided that such entry into force is not unduly delayed”.

It’s worth mentioning that the provisions of the said article apply to the Arab signatory states to Rome Statute which established the ICC, including:

Egypt 26 Dec 2000 – Algeria 28 Dec 2000 – Morocco 8 Sept 2000 – Sudan 8 Sept 2000 – Syrian Arab Republic 29 Nov 2000 – Kuwait 8 Sept 2000 – United Arab Emirates 27 Nov 2000 – Bahrain 11 Dec 2000 – Oman 20 Dec 2000 – Yemen 28 Dec 2000. ACIJLP sees that such signature entails international commitment on the part of the Arab signatory states not to commit war crimes, crimes against humanity, genocide and shall penalize such crimes in their respective national legislations in accordance with the principle of good will .

ACIJLP condemns the decree of the Sudanese government to expel 13 international organizations for humanitarian relief and aids from Darfur being a new war crime committed by the Sudanese President. ACIJLP calls upon the ICC Prosecutor to enlist this crime in the accusation list against the Sudanese President.   

ACIJLP expresses its deep concern regarding the deteriorating human conditions in Darfur in the wake of expelling the international aid agencies which provide a lifeline to 4.7 million people in Darfur alone. UN spokeswoman said “With the loss of these NGOs, 1.1 million people will be without food aid, 1.1 million will be without health care and over 1 million will be without potable water,”

The expulsion decree was taken by the Sudanese government in March 5^th, 2009 in a retaliatory reaction to the ICC’s decision to issue an arrest warrant for Sudanese President Omar Bashir for committing war crimes and crimes against humanity.

ACIJLP sees this action on the part of the Sudanese government as – in addition to being a violation to the provisions of Geneva Convention (1949) on the protection of civilians during armed conflicts ratified by Sudan in September 23^rd, 1957 – a war crime in accordance with the provisions of Article (8) Paragraph (25) of Rome Statute which created the ICC “Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under the Geneva Conventions”. The said paragraph considers these acts as a war crime.

ACIJLP indicates that Although Sudan has not ratified the Rome Statute, UN Security Council Resolution 1593 requires Sudan to cooperate fully with the Court and provide any necessary assistance to it and its Prosecutor based on the fact that Darfur crisis was referred to the court by virtue of Security Council adopted Resolution 1593 in March 31^st, 2005.

Sudan

Darfur : Human Catastrophe Confiscates Civic Activity in Sudan

The conflict in Darfur still begets ongoing crimes and violations against human rights as the impacts of this catastrophe extended to include – in addition to the expulsion of the international aid agencies – security tightening and closure of civil society institutions in Sudan. Khartoum Center for Human Rights & Environmental Development is considered a vivid example for such measures as its bank account has been frozen by the Government of Sudan, through the “Humanitarian Aid Commission – Khartoum State” in the wake of almost daily arrests. Late in November 2008, the Sudanese Authorities arrested three human rights activists including Amir Sulieman (Head of Khartoum Center for Human Rights & Environmental Development) for several days during which they have been tortured and investigated on their relation to the ICC. More activists were summoned and some of them were threatened under mere suspicions of the providing information t the ICC regarding violations of human rights in Darfur. Moreover, several human rights organizations in Sudan suffer slander in the mass media of being traitors and agents to foreign powers and were held responsible for the accusations passed by the ICC against El Bashir.

In the wake of the arrest warrant of the ICC against El Bashir, the Sudanese authorities closed three human rights organizations, namely:

• Khartoum Center for Human Rights & Environmental Development
• Sudan Organization of Social Development
• Amal center for the treatment and rehabilitation of victims of torture .

The Arab Center for Independence of the Judiciary and the Legal Profession (ACIJLP), expressed its satisfaction with the decision of the Pre-Trial Chamber I of the International Criminal Court, concerning Prosecution’s application of 14 July 2008 for the issuance of a warrant of arrest against the Sudanese President Omar al-Bashir, on charges of war crimes and crimes against humanity in the Darfur region since 2002, resulting in the deaths of hundreds of thousands of unarmed civilians and the displacement of 2.700000 million more than other people, according to the indictment issued by the Office of the Prosecutor of the International Criminal Court and the United Nations.

The Center also finds that the decision to arrest a Head of State, who is still in power, is regarded as a termination of the stage represented in using the diplomatic immunities as a way to hide, and a beginning of a new stage where the diplomatic immunity does not represent the protection of those accused of the most serious crimes, such as war crimes and crimes against humanity.

The Center confirms that the presence of the International Criminal Court and the cooperation of the international community with its mechanisms will reduce the culture of impunity, which was the main victim of its proliferation is the basic human rights, and the right to peace and security.

While the Center welcomes the adoption of this resolution, it calls on the Sudanese government, in fulfillment of its international obligations and commitments as one of the States Parties to the United Nations, to stand for criminal justice, and not to put the political considerations above considerations of justice and human rights. Furthermore, Sudanese government should cooperate with the International Criminal Court by moving in the direction of delivery of each Mr. – Ahmed Haroon, Mr. Kushayb and the Sudanese President Omar Hasan Ahmad al-Bashir, to the International Criminal Court.

The Center calls upon the Sudanese government not to take the reactions of retaliation, which would increase the suffering of the Sudanese people in Darfur, committing new crimes, and to put the priorities and interests of the Sudanese people and their rights and fundamental freedoms, above all considerations.

The Center calls upon the international community to support the role of the International Criminal Court, and to activate and implement its decisions regarding the prosecution of the accused persons in the commission of crimes within its jurisdiction, and to prosecute in a just and fair trial, in protection of human rights and to put an end to impunity.

The Center believes that this decision of the Pre-Trial Chamber I is a positive step towards achieving the international criminal justice and activating the role of international judicial mechanisms to protect human rights; as the trails of the International Criminal Court restrict to the international standards for fair and just trials to the accused of crimes falling within the scope of its jurisdiction on one hand, and ensure that sentences are to protect the rights of the victims on the other hand.

Within the context of judicial proceedings taken by the Egyptian authorities on the threats directed to Mr. Nasser Amin, Director of the Arab Center for Independence of the Judiciary the Legal Profession (ACIJLP). The public prosecution “Misr El Qadima prosecution office” began the investigations on December 15^th 2008. The investigations included hearing the statements of Mr. Amin stated in his communication to the Egyptian Attorney-General on receiving an e-mail which threats his right to life and physical integrity, unless he stops his role and the role of the Center to support the International Criminal Court and its role in the trial of the Sudanese president on the background of the crisis of Darfur region.

The investigations included also a question on the role of the Center and its activities to support the International Criminal Court, and whether the Director of the Center accuses anyone of being behind the threats. Mr. Amin has not charged any one or a particular body, but he accused only the group who sent the letter, which called themselves the “the Middle East Mujahedeen group in Cairo.”

It should be noted that Mr. Nasser Amin received on 25 October 2008 via the e-mail box of the Center a message entitled “the final warning” from a group calling itself the ” the Middle East Mujahedeen group in Cairo.” The letter contained a direct threat to Mr. Amin and one of the researchers at the center, who is Mr. Hamad Wadi Sand. The threatening letter called on Mr. Amin to desist from his duties to enhance the role of the International Criminal Court to Darfur crisis

As a result of this letter, Mr. Amin submitted a communication No. 18292 to the Egyptian Public Prosecutor calling him to take the necessary legal steps towards the investigation of the incident that threatening the right to life and physical integrity. The communication also called on the concerned bodies to reveal the truth and to find the source of the threats and take the necessary legal steps.

On Wednesday morning, “Miser El Qadeima” Public Prosecution office is due to hear the statements of Mr. Nasser Amin on what is mentioned in the referred statement, in which he appealed to the Egyptian Attorney General to take the necessary legal steps towards the investigation of the threatening incident to his right to life and physical integrity. Moreover, he required the concerned authorities to uncover the truth and to find the sources of these threats in addition to take the necessary legal steps.

It should be noted that Mr. Nasser Amin received (on October 25^th 2008) e-mail message entitled “final warning” from a group calling itself the “Mujahedeen of the Middle East in Cairo.” The message contained a direct threat to Mr. Amin’s secretary and to one the researchers at center who is Mr. Hamad Wadi Sand.

The threatening message requested Mr. Amin to desist from his duties to enhance the role of the International Criminal Court in Darfur crisis.

The threat came when the researcher Hammad Wadi Sand, prepared an article published on the Internet that supports the idea of the Sudanese president’s trial before the International Criminal Court.