Darfur: The Road to Justice by Way of the United Nations Security Council

30 July 2004, SC Resolution 1556: almost a year and half into the Darfur crisis, the UN Security Council acting under Chapter V11 of UN Charter issued Resolution 1556. It was an important resolution in the history of the Darfur crisis; condemning widespread violence against civilians including killing, rape, and forced displacement. The Council demanded that the Government of Sudan disarm the Janjaweed militias and bring those who are responsible of atrocities to justice. The Council further expressed its intention “to consider further actions” if the Government of Sudan fails to disarm and prosecute the perpetrators within 30 days. The Council reminded the Government of Sudan “there will be no impunity for violators.”

Resolution 1556 2004 – Under Chapter VII of UN Charter

 

18 September 2004, SC Resolution 1564: Sudan Government failed to fulfill its obligations outlined in Resolution 1556. The Council recalling its Resolutions 1556 warned the imposition of targeted sanctions against Sudan if it failed to comply with its obligations on Darfur. These obligations included the protection of civilians, disarming the Janjaweed and bringing those responsible for widespread abuses to justice. In short, the government of Sudan has to end impunity in Darfur.

Not trusting the Khartoum regime, the Council requested Secretary-General Kofi Annan to establish an International Commission of Inquiry to investigate crimes against humanity, war crimes, and the crime of genocide in Darfur.

Resolution 1564  – Under Chapter VII of UN Charter

 

7 October 2004, UN International Commission of Inquiry for Darfur: pursuant to Security Council Resolution 1564, UN Secretary-General Kofi Annan announced the establishment of an International Commission of Inquiry to investigate the extent of crimes committed in Darfur. The Commission comprised of:
1) Judge Antonio Cassese of Italy – Chairman.
2) Human Rights Expert Mr. Mohammed Fayek of Egypt – Member.
3) Former Minister for Foreign Affairs and Minister for Justice of Peru Mr. Diego Garciá-Sayán – Member.
4) Secretary-General’s Special Representative on Human Rights Ms. Hina Jilani of Pakistan – Member.
5) Former High Court Judge Ms. Thérèse Striggner Scott of Ghana – Member.
The Commission supported by a Secretariat headed by Mr. Dumisa Ntsebeza of South Africa as Executive Director, as well as a legal research team, criminal investigative team, forensic experts, military analysts, and gender violence experts. It began its work on 25 October 2004.

Press Release SG/A/890 AFR/1046 HR/4797

 

25 January 2005, Report of the International Commission of Inquiry on Darfur: The Commission concluded its work and submitted a full report on its findings on 25 January 2005. The 176-page Report detailed extensive atrocities authorized by the Sudanese government and carried out by Janjaweed militias in Darfur. The authors concluded that the government and militias conducted “indiscriminate attacks, including killing of civilians, torture, enforced disappearances, destruction of villages, rape and other forms of sexual violence, pillaging and forced displacement throughout Darfur.”  The Commission determined that the government of Sudan and its Janjaweed militia were responsible for war crimes and crimes against humanity in Darfur, but could not establish evidence of genocidal intent and left the matter of genocide to be determined by a competent court. The Commission strongly recommended that the Security Council immediately refer the situation of Darfur to the International Criminal Court (ICC); it identified individual perpetrators of crimes committed in Darfur; listed 51 names of potential suspects in a sealed envelope to be handed over to the Prosecutor of the ICC.

Report of the International Commission of Inquiry on Darfur 25 January 2005

 

29 March 2005, SC Resolution 1591: in this Resolution the Council asked North and South Sudan as parties to the Comprehensive Peace Agreement (CPA) and partners in the new Government of National Unity to bring peace and stability to the entire country and to “take all necessary action to put an end to impunity” in Darfur. Demanded the Government of Sudan to immediately cease air strikes over Darfur. Acting under Chapter V11, the Council imposed travel bans and assets freeze on individuals who impede the peace process, constitute a threat to stability in Darfur, and commit human rights violations. Once again, the council renewed its call to the Government of Sudan to disarm Janjaweed militias, apprehend and bring to justice those who are responsible for atrocities in Darfur.

Resolution 1591 (2005)  – Under Chapter VII of UN Charter.

 

31 March 2005, SC Resolution 1593: only two days later after Resolution 1591 was adopted, UN Security Council referred the situation in Darfur to the International Criminal Court (ICC). The Council took this appropriately drastic action after reviewing the Report of the International Commission of Inquiry on Darfur, moreover, the situation on the ground in Darfur is deteriorating by the hour. The Council was so furious over Sudanese Government noncompliance with Council’s previous resolutions and its unwillingness to stop mass atrocities in Darfur.

The Council urged all UN Member States to co-operate fully with the ICC, whether or not a state is party to the Rome Statute. The Council referral tasked the ICC with jurisdiction over the situation in Darfur to investigate, prosecute, and end the climate of impunity in Sudan .

Resolution 1593  – Under Chapter VII of UN Charter.

 

7 April 2005, The ICC Prosecutor Received the Names of Suspects: Luis Moreno-Ocampo the Prosecutor of the ICC received a sealed envelope containing the recommendations of the International Commission of Inquiry on Darfur along with 51 names of individuals being suspected of Darfur crimes. The envelope was handed by UN Secretary-General Kofi Annan. After careful review, the envelope is unsealed in the presence of four senior ICC officials then resealed for confidentiality reasons.

 

6 June 2005, ICC Prosecutor Opened Full Investigation into Crimes Committed in Darfur: The ICC prosecutor announced his decision to open an investigation into the situation in Darfur, an extensive investigations involving high profile legal expertise started.

 

27 February 2007, ICC Summoned Two Suspects: the ICC issued summons against Minister of State for the Interior of the Government of Sudan Ahmad Muhammad Haroun and Militia/Janjaweed Leader Ali Muhammad Ali Abd-Al-Rahman also known as Ali Kushayb to appear before the Court for war crimes charges. The Government of Sudan dismisses the call and the jurisdiction of the Court altogether.

 

27 April 2007, Arrest Warrants Against Harun and Kushayb: Judges of the ICC issued arrest warrants against Harun and Kushayb. The Court Chamber determined that “there are reasonable grounds to believe that Ahmad Harun, by virtue of his position, had knowledge of the crimes committed against the civilian population and of the methods used by the Janjaweed militia; and that in his public speeches Ahmad Harun not only demonstrated that he knew that the Janjaweed militia were attacking civilians and pillaging towns and villages, but also personally encouraging the commission of such illegal acts; namely by recruiting, arming and funding of the Militia/Janjaweed in Darfur,” Haroun charged with 20 counts of crimes against humanity (including persecution, rape and torture) and 22 counts of war crimes (including attacks against the civilian population, destruction of property and outrage upon personal dignity).

Ali Kushayb charged with 22 counts of crimes against humanity and 28 counts of war crimes (including intentionally directing an attack against a civilian population, pillaging and rape).

Warrant of Arrest for Ahmad Harun
Warrant of Arrest for Ali Kushayb

 

7 June 2007, Request for the Extradition of Two Darfur War Crimes Suspects: The ICC transmitted a formal request to the Sudanese government for the extradition of the two Darfur war crimes suspects. Sudan Government refuses to hand over the suspects, dismissed the request and appointed Ahmad Haroun State Minister for Humanitarian Affairs and Ali Kushayb Special Advisor to the President.

Harun and Kushayb Case Information Sheet – ICC documents

 

5 December 2007, Luis Moreno Ocampo Appeals to the Security Council: Prosecutor of the International Criminal Court urged the Security Council to take the lead in calling on the Sudan Government to arrest State Minister for Humanitarian Affairs Ahmed Haroun and Janjaweed militia leader Ali Kushayb. Both men are wanted on several charges of war crimes and crimes against humanity. The Prosecutor asked Council for strong message requesting Sudan compliance with Resolution 1593.

Security Council SC/9186

 

5 December 2007, ICC Prosecutor Announced New Investigations: Luis Moreno-Ocampo announced that his office is ready to work on two investigations; one investigating individuals bearing the greatest responsibilities for the current crimes against humanity in Darfur, and those assisting Harun, and two, investigating those responsible for attacks on African Union forces and UN peacekeepers in the region, including rebel groups operating in Darfur.

 

5 June 2008, ICC Prosecutor Brief Security Council on New Developments:  ICC Prosecutor informs the UN Security Council that his Office collected evidence showing that “the entire state apparatus has been utilized to commit and cover up massive crimes in Darfur. The scale of the crimes, over such a period of time, in such a systematic manner, suggests the responsibility of high officials.” He says his new case will be ready in July 2008.

Sixth Report of ICC Prosecutor

 

14 July 2008, Indictment of President Al-Bashir Starts: ICC Prosecutor announced he was seeking a third warrant of arrest, this time for Sudanese President Omar al Bashir. The Prosecutor charged President Omar Al-Bashir with 5 counts of crimes against humanity, 2 counts of war crimes and 3 counts of genocide.

This announcement marks an important development in the Darfur legal case, the head of the state accused of being the mastermind and the implementor of a plan to destroy African tribes of Darfur, namely Fur, Masalit and Zaghawa based on ethnicity.

The Prosecutor has determined that Al-Bashir bears criminal responsibility for the crime of genocide, stating that the crimes in Darfur “are not the collateral damage of a military campaign, Al-Bashir specifically and purposefully targeted civilians who were not participants to any conflict with the intent to destroy them, as a group.” “His alibi was a ‘counterinsurgency’. His intent was genocide.”
President Al-Bashir, the Commander in Chief of Sudan Armed Forces deemed responsible for crimes committed through members of the state apparatus, the army and the Janjaweed. Against this background, the Prosecutor requested an arrest warrant.

The Government of Sudan took the announcement very seriously; rather than dismissing the ICC as usual, Sudanese government launched a major diplomatic campaign to convince the Security Council to defer the investigation under article 16 of the Rome Statute. The Government spent considerable time, money, and energy trying to rally international support for deferral. Soliciting the support of the African Union, the Arab League, China, and Russia, Sudanese Officials lunched a vicious campaign against the ICC trying to block the issuance of an arrest warrant for Al-Bashir.

Al-Bashir Case Information Sheet  – ICC documents

 

4 March 2009, An Arrest Warrant for Al-Bashir: Judges at the International Criminal Court issued an arrest warrant for Sudanese President Omar Al-Bashir on 2 charges of war crimes and 5 charges of crimes against humanity in Darfur. Although the crime of genocide was included in the application of the Prosecutor, the Judges decided that there was insufficient evidence to support genocide charges.

Expressing extreme anger against the arrest warrant, Government in Khartoum reacted with drastic measures; 13 NGOs providing humanitarian assistance to Darfurian in displacement camps forced to shutoff their operations and leave the country; 3 human rights groups expelled as well; serious threats from Government officials against UN peacekeepers hindered the needed civilian protection.

Second Warrant of Arrest for Omar Al-Bashir

Now, eight years into the crisis numbers speak for themselves; three million Darfurians in displaced and refugee camps, deprived, poor, and stripped off from their human dignity; 400 thousand been massacred; countless rape cases; this is not an earthquake, or volcano enraptured, it is a direct government policy that led to this kind of human disaster. It is clear where we stand; all initiatives of political settlement for Darfur failed; ceasefire agreements and signed peace agreements did not produced any results; in parallel, war crimes, crimes against humanity, and genocide continue unabated in Darfur. Security Council issued enough resolutions, made many threats of actions, repeatedly expressed frustration, “deep concerns” and condemnations of Sudanese Government’s inaction to end the Darfur crisis. In the meanwhile, Ahmed Haroun (now Governor of South Kordofan) enjoying impunity, embarked on another destruction adventure in Nuba Mountains of Southern Kordofan region. Al-Bashir after 22 years in power, showed no intention of leaving power anytime soon. Both Al-Bashir and Ahmed Haroun along with their colleagues in the National Congress Party (NCP) continue their polices of oppression in Sudan. The recent gloomy history of Darfur repeating itself in Abyei, Southern Kordofan, and against Sudanese people throughout the Country.

It is time for the international community, UN Security Council to turn rhetorics into actions;
it is the time for tangible action in the face of genocide. Impunity must end, justice should prevail.
It is the time for us – the people, to get involve and demand an end to impunity in Sudan and elsewhere.