Nigeria wants new panel on Sudan crimes, not ICC
By Evelyn Leopold
UNITED NATIONS, March 16 (Reuters) – Nigeria on Wednesday proposed a new African panel to hear cases of atrocities in Sudan’s Darfur region as Europeans and the United States were deadlocked over calling in the International Criminal Court.
The surprise memorandum from Nigeria, which holds the African Union presidency, came days before the U.N. Security Council plans a vote on a resolution on Sudan that seeks to impose targeted sanctions on individuals involved in the Darfur conflict and specify where to try gross human rights violators.
The Nigerian note, addressed to the European Union, proposed an “African panel for criminal justice and reconciliation” to prosecute those suspected of war crimes in Darfur and also to provide for reconciliation. It said the proposal enjoyed “the support of the government of Sudan.”
At issue is the International Criminal Court, ratified by nine out of 15 Security Council members and supported by three others, but strongly opposed by the Bush administration — which fears U.S. officials could be targets of frivolous lawsuits.
A U.N.-appointed international inquiry commission drew up a secret list of those who should be prosecuted by the ICC.
The Hague-based tribunal, the world’s first permanent criminal court, was set up to try perpetrators of war crimes, crimes against humanity and genocide. One purpose of the court was to avoid establishing separate temporary tribunals.
Europeans suspect the United States encouraged Nigeria to put forth the memorandum after a U.S.-proposed new court in Tanzania for Darfur failed to get any council support, a senior European diplomat said.
‘AFRICAN SOLUTIONS’
But a U.S. official said, “This is clearly an African attempt to bring African solutions to African problems.”
“We welcome the general principle that African solutions are required for African problems,” the official said, speaking on condition of anonymity.
Much depends, diplomats said, on talks U.S. Secretary of State Condoleezza Rice has been conducting by telephone with ICC supporters, such as British Foreign Secretary Jack Straw and French Foreign Minister Michel Barnier.
Rebel groups in Darfur in western Sudan have been fighting the government for more power and resources since 2003. In response, Khartoum armed Arab militias, some of whom have conducted a scorched earth campaign against African villagers. Tens of thousands have been killed.
Late on Tuesday, the nine Security Council members who signed the treaty establishing the ICC met at France’s mission to the United Nations, including two African nations, Benin and Tanzania. Diplomats said the group discussed a possible exemption for peacekeepers and officials in Sudan, including any from the United States.
In the main, the U.S.-drafted resolution authorizes a 10,000-member peacekeeping force in southern Sudan to monitor a recent peace agreement that ended a 21-year old civil war. It also calls for nations to reinforce efforts by an African Union force, now numbering 2,000 troops and monitors in Darfur.
Another problem in the resolution is whether China will go along with sanctions, or use its veto power to block them. The draft resolution would impose travel and assets freeze on perpetrators of atrocities and those who jeopardize the peace process. A council committee would first have to draw up a list of targeted individuals.
The United States and its allies also want to impose an arms embargo on Darfur but allow the government to notify the African Union and the Security Council when Khartoum has to move weapons in the region because rebels have attacked.