Sudan’s President Omar al-Bashir Charged with Three Counts of Genocide in Darfur

On July 12, 2010, the International Criminal Court (ICC) announced a second arrest warrant for Sudan’s president Omar Al-Bashir, charging Bashir with three counts of genocide.   Over 400,000 have been killed  in Darfur, countless women have been raped and abused in Darfur, and there are an estimated 2.6 million  Internally Displaced Persons (IDP) at risk.  Despite an abundance of oil and other natural resources controlled by the Omar Al-Bashir government, the vast majority of Sudan’s people live in poverty, and many children die daily from malnutrition and poverty.

Omar Al-Bashir Charged with Three Counts of Genocide by the ICC (Photo: AFP/Getty Images)

Omar Al-Bashir Charged with Three Counts of Genocide by the ICC (Photo: AFP/Getty Images)

Omar Al-Bashir was recently re-elected in an “election” that was widely disputed as fraudulent, with even the Sudan National Election committee recognizing irregularities, and was boycotted by many.  Washington DC area Sudanese diaspora and human rights activists protested the Sudanese elections in May 2010.  Sudan is listed as one of the “worst of the worst” nations in terms of human rights, by both the United States Commission on International Religious Freedom (USCIRF) and NGOs such as Freedom House.

Despite promises from the Barack Obama administration to take action on the ongoing genocide in Darfur, Sudanese human rights activists have been disappointed in what many view as efforts by the administration to “normalize” relations with the Omar Al-Bashir administration, which the ICC has now charged with genocide (see more below ICC press release).   U.S. envoy General Scott Gration has stated that he views the Sudan “coordinated genocide” is over.  In May 2009 alone, 600 were killed in Sudan.

On Wednesday, July 14, 2010, the Sudanese diaspora and human rights groups plan protests outside the White House in Washington DC at 12 Noon.  July 14, 2008 is the day that the ICC Chief prosecutor submitted a request for the arrest of Sudanese President Omar Al Bashir.

In March 2010, ICC prosecutor Luis Moreno-Ocampo stated that elections for Omar Al-Bashir, would be equivalent to “a Hitler election.”

(See also other R.E.A.L. postings on Sudan.)

ICC Prosecutor Luis Moreno-Ocampo

ICC Prosecutor Luis Moreno-Ocampo

International Criminal Court (ICC) Press Release:
International Criminal Court (ICC): Pre-Trial Chamber I issues a second warrant of arrest against Omar Al Bashir for counts of genocide

“Today, Pre-Trial Chamber I of the International Criminal Court (ICC) issued a second warrant of arrest against the President of Sudan, Omar Hassan Ahmad Al Bashir, considering that there are reasonable grounds to believe him responsible for three counts of genocide committed against the Fur, Masalit and Zaghawa ethnic groups, that include: genocide by killing, genocide by causing serious bodily or mental harm and genocide by deliberately inflicting on each target group conditions of life calculated to bring about the group’s physical destruction.”

“This second arrest warrant does not replace or revoke in any respect the first warrant of arrest issued against Mr Al Bashir on 4 March, 2009, which shall thus remain in effect. In the previous arrest warrant, the Chamber considered that there are reasonable grounds to believe that Mr Al Bashir is criminally responsible for five counts of crimes against humanity (murder, extermination, forcible transfer, torture and rape) and two counts for war crimes (intentionally directing attacks against a civilian population as such or against individual civilians not taking direct part in hostilities, and pillaging).”

“On 4 March, 2009, Pre-Trial Chamber I had rejected the Prosecutor’s application in respect of the crime of genocide. On 6 July, 2009, the Prosecutor filed an appeal against this decision. On 3 February, 2010, the Appeals Chamber rendered its judgment on the Prosecutor’s appeal, reversing, by unanimous decision, Pre-Trial Chamber I’s decision of 4 March, 2009, to the extent that Pre-Trial Chamber I decided ‘not to issue a warrant of arrest in respect of the charge of genocide in view of an erroneous standard of proof’. The Appeals Chamber directed the Pre-Trial Chamber to decide anew whether or not the arrest warrant should be extended to cover the charge of genocide. Applying the standard of proof as identified by the Appeals Chamber, Pre-Trial Chamber I concluded today that there are reasonable grounds to believe that Mr Al Bashir acted with specific intent to destroy in part the Fur, Masalit and Zaghawa ethnic groups.”

“Pre-Trial Chamber I requests the Registrar of the Court to prepare a supplementary request for co-operation seeking the arrest and surrender of Mr Al Bashir for the counts contained in both the first and the second warrant of arrest, and transmit such a request to the competent Sudanese authorities, to all States Parties to the Rome Statute, and to all the United Nations Security Council members that are not States Parties to the Statute. The Registrar is also directed to transmit additional requests for the arrest and surrender of Omar Al Bashir to the Court to any other State as may be necessary.”

“The situation in Darfur was referred to the International Criminal Court by the United Nations Security Council’s resolution 1593, on 31 March, 2005. In this situation, four cases are being heard: The Prosecutor v. Ahmad Muhammad Harun (‘Ahmad Harun’) and Ali Muhammad Ali Abd-Al-Rahman (‘Ali Kushayb’); The Prosecutor v. Omar Hassan Ahmad Al Bashir; The Prosecutor v. Bahar Idriss Abu Garda and The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus.”

“The International Criminal Court is the only permanent international court established with the mission to help put an end to impunity for the perpetrators of the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity and war crimes, and thus to contribute to the prevention of such crimes. ”

Decision on the Prosecution’s Application for a Warrant of Arrest against Omar Hassan Ahmad Al Bashir

Second Decision on the Prosecution’s Application for a Warrant of Arrest

Judgment on the appeal of the Prosecutor against the “Decision on the Prosecution’s Application for a Warrant of Arrest against Omar Hassan Ahmad Al Bashir”

Warrant of Arrest for Omar Hassan Ahmad Al Bashir

Second warrant of arrest for Omar Hassan Ahmad Al Bashir

Case information sheet “The Prosecutor v. Omar Hassan Ahmad Al Bashir”

For further information please contact Sonia Robla, Chief of Public Information and Documentation Section, at +31 (0)70 515-8089 or +31 (0) 6 46 44 87 26 or at sonia.robla@icc-cpi.int

See also related media reports:
Daily Telegraph: “The International Criminal Court on Monday charged Sudan’s President Omar al-Bashir with three counts of genocide in Darfur, piling further diplomatic pressure on his isolated regime.”
Daily Telegraph reports: “The decision marked the first time the world’s first permanent war crimes tribunal has issued genocide charges.”
Times of India: International Criminal Court charges Sudan president with genocide
AFP: Rights groups hail Beshir genocide charge, urge arrest
Reuters: Q+A-Sudan’s Bashir faces Darfur genocide charges
SAPA: Sudan rejects Bashir genocide warrant
Washington Post: International Criminal Court charges Sudan’s Omar Hassan al-Bashir with genocide

United States of America Government Policies on Sudan

In March 2009, U.S. President Barack Obama appointed General Scott Gration to be the United States special envoy to Sudan.   In the summer of 2009, the Washington Times and Washington Post reported on a “softer line” that the Obama administration was taking to the Omar Al-Bashir administration, indicted and now charged with genocide.  The Washington Times reported in July 2009: “Mr. Gration has taken a softer line than Ms. Rice toward the regime headed by Sudanese President Omar Bashir, going so far last month as to say that the genocide against the people of Darfur was over and that the world was now dealing with the remnants of the killings.”  U.S. Ambassador to the United Nations Susan E. Rice has differed with General Gration’s views that the genocide in Sudan is over. (In May 2009 alone, 600 were killed in Sudan.)

U.S. General Scott Gration - Envoy to Sudan (Photo: U.S. Air Force)

U.S. General Scott Gration - Envoy to Sudan (Photo: U.S. Air Force)

In September 2009, the Washington Post reported in “Obama Administration Engages Sudanese Regime It Blasted,” that the U.S. administrations position on Sudan was seeking to “normalize” relations with Sudan, reporting that “U.S. diplomacy has remained mostly in the hands of Obama’s special envoy to Sudan, retired Air Force Maj. Gen. J. Scott Gration, who is pushing toward normalized relations with the only country in the world led by a president indicted on war-crimes charges.”  U.S. envoy General Gration spoke of the Al-Bashir regime charged with genocide to the Washington Post, stating, “We’ve got to think about giving out cookies. Kids, countries, they react to gold stars, smiley faces, handshakes, agreements, talk, engagement.”  ABC later stated that “The story states that Gration wants the US to normalize relations with the Sudan.”

Sudanese Human Rights Groups have  been critical of General Gration and President Obama’s approach regarding the genocide in Sudan, and apparent unwillingness to prioritize justice for the victims of genocide as a key component of seeking peace in Sudan.

Mohamed Yahya, Executive Director of Damanga

Mohamed Yahya, Executive Director of Damanga

Damanga’s Executive Director Mohamed Yahya has been critical of General Gration and President Obama’s lack of action regarding the genocide in Sudan.  Damanga’s Mohamed Yahya has stated: “It is also terribly sad to see the U.S. government and the U.S. Special Envoy for Sudan, General Scott Gration, giving support to Al-Bashir and his rogue NIF-National Islamic Front regime that hosted Osama Bin Laden in the Capitol Khartoum in early 1990’s for almost five years.  This is the same Sudanese government that has terrorized its own people, as well as hosted international terrorists. It is unfortunate to see the Obama administration, United Nations, African Union, Arab Leagues, European Union, and the Islamic world to come together this time to support this genocidal regime, when they never came together before to support the victims of Darfur.  Where has such world unity been to restore justice and human rights in Sudan for a lasting peace?  Darfur has largely been abandoned, while the Darfuri people’s human rights have been taken away.”

Jerry Fowler of the Save Darfur Coalition added, “It’s jarring to hear talk of ‘gold stars’ and ‘smiley faces’ for a regime headed by an indicted war criminal. We have always insisted that the best way to deal with Khartoum is a sensible balance of pressures and incentives. The pressures part of that calculation seems to be missing in General Gration’s comments.  The Sudanese government is primarily responsible for creating the political instability in Sudan and bears the brunt of the responsibility for ending it.  And blaming the victims for not being more open minded towards their oppressors defies logic.”

Sam Bell, Executive Director of Genocide Intervention Network, added, “This article casts the importance of the Principals Meeting in stark relief. Senators Obama, Biden and Clinton all spoke compellingly about the need to take a tough and principled stand with Khartoum. If Washington is going to start taking war criminals at their word, despite the long list of Khartoum’s broken commitments, an even larger tragedy will soon unfold.”

July 14, 2010 White House Protests Planned on U.S. Government Policies on Sudan

On Wednesday, July 14, 2010, the Sudanese diaspora, the Damanga organization, and the Darfur Interfaith Community are planning a joint protest in front of the White House at 12 Noon in Lafayette Park.

Damanga’s Press Release on the July 14 Protest States

Please join our call for the arrest of Omar Al Bashir

Sudanese Diaspora from all over the DC metropolitan area coming to Washington DC to demonstrate their commitment to justice and remind the world that July 14th of 2008 marked the indictment of Sudanese President Omar Al Bashir by the ICC.  He is still a fugitive of justice and has continued committing more atrocities against our people in Darfur and other parts of Sudan.

When: Wednesday July 14th, noon – 1:00 pm

Where: Lafayette Park, in front of the White House

“Please join the people of Sudan in their fight for justice. Your support is extremely important to bring justice for the victims of genocide, war crimes, and crimes against humanity. We need you to help make this a priority to the leaders of the world. Please come and bring your friends with you to join in bringing Al Bashir to justice!”

“July 14, 2008 represents an important day for the people of Darfur and throughout Sudan. On this day, the International Criminal Court issued an arrest warrant against the Sudanese President al-Bashir for his role in orchestrating and perpetrating war crimes, genocide and crimes against humanity in Darfur. The indictment of al-Bashir has brought hope to the people of Darfur in particular but also other marginalized Sudanese in the South, East, Nuba Mountain, Blue Nile and the Nubia in the Far North Sudan. It ensures that no one is above the law, one day justice can be achieved and finally that impunity will not be an option in Sudan.”

“Therefore we, the Sudanese community leaders and human rights activists, in Washington DC metropolitan area have decided not to remain silent. We must come together and commemorate this day and call the attention of the international community that they need to live up to their commitment and honor their promise by providing the necessary support to the ICC, reinforce its effort to execute the pending arrest warrant against al-Bashir and hold him accountable for the crimes committed against the people of Darfur.”

“On July 14, 2008, Luis Moreno-Ocampo, the chief prosecutor of the International Criminal Court (ICC), submitted his request to indict Omar al-Bashir, on several counts of crimes of genocide, crimes against humanity and war crimes in Darfur. The indictment came as a result of enormous effort by human rights organizations and the advocacy community forcing the U.N Security Council to refer the situation in Darfur to the International Criminal Court (ICC) for investigation.”

“July 14th, 2010 will mark the second anniversary of Sudan’s president being indicted, yet the atrocities have not ended. Come one and come all to share a moment of action.”

“‘The motives of the Sudanese head of state were ‘above all, political,’… He used the ‘alibi’ of counterinsurgency in order to try ‘to end the history of the Fur, Masalit and Zaghawa people.’ In fact, ‘his intent was genocide.’ — Luis Moreno-Ocampo”

“In commemoration of this historic day to remember individuals lives lost and to build on the international effort to achieve justice in all of Sudan, all human rights and advocacy organizations are called upon to participate in the day of remembrance and action.”

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