UK, France agree to Chinese proposal on Darfur trials: report

October 27, 2008 (KHARTOUM) – The French and British government have reportedly agreed to a Chinese proposal to defuse tensions resulting from the move by the International Criminal Court (ICC) to indict president Omer Hassan Al-Bashir.

The daily Al-Sharq Al-Awsat published in London quoting Sudanese official sources said that Beijing suggested national proceedings for Darfur war crimes under Arab and African supervision.

China’s special envoy to Africa Liu Guijin who is visiting Khartoum told Sudanese officials that London and Paris signaled their approval of the plan.

However US officials insisted that Western prosecutors and judges take part in the process, the newspaper reported.

Guijin told reporters yesterday that he held talks with Sudanese officials “to give them our advice and to make a few concrete suggestions” but did not elaborate.

The envoy who toured Washington, Paris and London before arriving in Khartoum said that the ICC issue was on his agenda in his discussions with Western officials.

“I used those opportunities… to have consultations with our partners there in the West as to how could we work together to seek a kind of soft landing of the charge” he said.

“We hope the ICC indictment could have a kind of soft landing so as the political process could be continued… and the humanitarian as well as security situation there could be further improved” Liu told reporters.

China hopes that Western countries agreement to local prosecutions of Darfur war crimes would pave the way for a UN Security Council (UNSC) resolution deferring the ICC move as demanded by Sudan and a number of regional organizations.

The ICC prosecutor Luis Moreno-Ocampo Ocampo announced in mid-July that he requested an arrest warrant for Al-Bashir on 10 counts of war crimes and genocide.

The African Union, Arab League, Non-Aligned Movement (NAM) and Organization of Islamic Conference (OIC) called for invoking Article 16 which allows the UNSC to suspend the ICC prosecutions in any case for a period of 12 months that can be renewed indefinitely.

However the US and France made it clear that they would veto such a resolution was introduced at this point in time.

China which is Sudan’s main ally appears reluctant to unilaterally push the UNSC to consider Article 16 given objections by other council members.

It remains to be seen whether the Chinese proposals would be implemented by Sudan which ahs refused any dealings with the ICC.

Sudan has previously rejected regional courts to try Darfur suspects as a compromise and some officials have even suggested that they will not accept foreign supervision.

But earlier this month Khartoum announced that it detained one of two suspects wanted by the ICC and will stand trial for unspecified charges.

The move came despite Sudanese assertions that militia commander Ali Mohamed Ali Abdel-Rahman, also know as Ali Kushayb was cleared of wrongdoings by Sudanese courts.

The Chinese special envoy said the international community must recognize steps taken by Sudan to prosecute Kushayb.

However Ahmed Haroun, state minister for humanitarian affairs who is also wanted by the ICC has not undergone any investigation after Al-Bashir intervened to block a probe initiated by the Sudanese attorney general Salah Abu-Zeid in 2007.

It is unlikely that Khartoum will be able to convince the international community of its seriousness in investigating Darfur right abuses without including Haroun.

The ICC Statute prevents investigation into crimes that were looked into by local judiciary under the concept of “complementarity”.

Haroun and Kushayb must be prosecuted for the same accusations brought against them by the ICC in order for the latter to lose jurisdiction over their cases.

Sudan has not ratified the Rome Statute, but the UN Security Council (UNSC) triggered the provisions under the Statute that enables it to refer situations in non-State parties to the world court if it deems that it is a threat to international peace and security.

(ST)