Abdallah Banda Abakaer Nourain	Saleh Mohammed Jerbo Jamus

Their names are Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus and they have both voluntarily surrendered to the International Criminal Court. The two individuals are each charged with three counts of war crimes as a result of attacking African Union peacekeepers in September 2007 in Haskanita, in northern Darfur.  Both men are currently staying at an undisclosed location and they will remain there until the close of the legal proceedings. The case against Jerbo and Banda is the fourth case dealing with genocide taking place in Darfur that has been handled by the International Criminal Court.

Facts of the Haskanita Attack

• Both men led armed groups which carried out the attack in September 2007
• Abdallah Banda Abakaer Nourain led splinter forces of the Justice and Equality Movement (JEM)
• Saleh Mohammed Jerbo Jamus led troops from a breakaway faction of the Sudanese Liberation Army/Movement
• Approximately 1,000 men were armed with anti-aircraft guns, artillery and rocket-propelled grenade launchers
• 12 peacekeepers died, 8 others were severely wounded
• Additionally, peacekeepers' communications installations, dormitories and vehicles were destroyed and computers, cell phones, uniforms, ammunition and money were stolen by the attackers
• The attack led by Banda and Jerbo constituted the deadliest single attack on the peacekeepers since the peacekeepers began their mission in 2004

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Today (February 3rd 2010) the Appeals Chamber of the International Criminal Court unanimously reversed ICC Pre-Trial Chamber I’s decision of March 2009 which excluded the charge of genocide on the arrest warrant for President Omar al-Bashir.  The decision was based on the grounds that the judges had set the standard of proof too high for the Pre-Trial stage. The Appeals Chamber remanded the decision to the Pre-Trial Chamber to decide, based on the correct standard of proof, whether a warrant of arrest should be extended to cover the crime of genocide.

In 1989 Omar Al-Bashir came to power in a military coup. Throughout his presidency, there have been several violent struggles between the Janjaweed militia and rebel groups such as the Sudan People's Liberation Army (SPLA), Sudanese Liberation Army (SLA) and the Justice and Equality Movement (JEM) in the form of guerilla warfare in the Darfur region. Since 2003 violent conflict in Darfur has resulted in 2.5 million people reportedly being displaced and death tolls estimated at between 200,000 and 400,000.

Don Kraus, Chief Executive Officer of Citizens for Global Solutions stated:

“Today’s ruling by the International Criminal Court (ICC) judges demonstrates the wheels of international justice at work.  We are now one step closer to holding accused war criminal Omar Al-Bashir in front of the world’s premier court for trying perpetrators of mass atrocities. Adding a charge of genocide to Al-Bashir’s arrest warrant, would be a first for the ICC and for a sitting head of state. This charge would add to the equally grave charges Al-Bashir faces of Crimes against Humanity and War Crime, including murder, extermination and rape.… President Al-Bashir is still evading arrest, despite the grave charges against him and still presides over a government that is harboring a fugitive from the law.  Each day that Al-Bashir is free from remand is another win for impunity for the world’s most egregious crimes.”

With this decision, the issue of genocide is once again in the spotlight.  Citizens for Global Solutions has worked on the issue of genocide prevention and the importance of engaging internationally to help prevent circumstances like those that occurred in Darfur.  The focus of this year’s annual meeting, to be held May 19-22, 2010, is on the United Nations and measures for the prevention of genocide.  Activists, scholars and Citizens for Global Solutions members from across the country will be convening in Washington, D.C. to participate in a Model UN simulation, with additional opportunities to lobby members of Congress and hear from experts in the field.

Join us at the 2010 Annual Meeting & Model United Nations: May 19-22, 2010

The United Nations: Confronting Genocide:CLICK HERE for more information and to register!

Today, U.S. Ambassador to the U.N., Rosemary A. DiCarlo, made a statement expressing concern over the tragic conflict in Darfur. Significantly, she conveyed the importance of resolving the issue through the lens of the International Criminal Court and its crucial role in ending impunity for heinous crimes such as those committed in Sudan.

DiCarlo emphasized the Sudanese government’s non-cooperation with the ICC. U.N. Security Council Resolution 1593 referred the Darfur situation to the ICC, providing the court with jurisdiction in the area. Since the resolution was adopted under Chapter VII of the U.N. Charter, it is binding an all U.N. members regardless of whether they are State Parties of the ICC, which neither the U.S. nor Sudan are. DiCarlo lamented Sudanese non-cooperation despite this resolution, and noted the government’s responsibility in prolonging the conflict by killing civilians and impeding the improvement of the humanitarian situation.

Most importantly, DiCarlo recognized that the ICC’s greatest value lies in its being the only permanent international institution capable of bringing to justice the leaders of mass atrocities around the world, such as that in Darfur. She said, “we believe that the ICC's prosecution of the key architects of the conflict in Darfur remains critical, "and added: “Those responsible for these atrocities must be held accountable.”

Finally, DiCarlo reiterated the U.S.’s newly initiated engagement with the ICC, noting that the U.S. participated for the first time in the Assembly of States Parties to the Rome Statute as an observer- a move that Citizens for Global Solutions welcomes and has strongly advocated. DiCarlo said: “This decision reflected the U.S. commitment to engage with the international community on issues that affect our foreign policy interests. Ending impunity for crimes against humanity—including crimes on the staggering scale of those committed in Darfur—ranks high among our commitments. The United States will therefore continue to be supportive of the ICC’s prosecution of these cases, to the extent consistent with U.S. domestic law.”

The U.S.’ acknowledgement of the ICC’s importance and the re-opening of U.S. engagement with the court after former President Bush shut it down are extremely vital developments. The Obama Administration is on the right track here.

Next step: ratify the Rome Statute and become a member of the ICC.

Read DiCarlo’s full statement here

Act NOW to Support strengthened US engagement with the ICC!

The United States has named three Strategic Objectives for Sudan:

1) A definitive end to conflict, gross human rights abuses, and genocide in Darfur.

2) Implementation of the North-South Comprehensive Peace Agreement (CPA) that results in a peaceful post-2011 Sudan, or an orderly path toward two separate and viable states at peace with each other.

3) Ensure that Sudan does not provide a safe haven for international terrorists.

The genocide in Darfur has been ongoing for six years. It was initiated by the National Congress Party (NCP) and a government supported militia called the Janjaweed. The Darfur region in Western Sudan has been targeted causing at least 300,000 deaths, 2.7 displaced individuals, and 250,000 refugees. The severity of the violence in the region has lessened since 2005, but people still live in insecurity and the genocide is still occurring. Sudan is at a critical juncture where the right action could lead to stability and peace. The press release called for the U.S. to act with a sense of urgency and purpose in Sudan.  A U.S. Department of State press release stated:

"Without an active peace process, a commitment to addressing accountability for crimes committed against civilians, a fully deployed, equipped, and performing United Nations (U.N.)-African Union (AU) peacekeeping force, and serious planning for regional recovery, the situation in Darfur will continue to fester, destabilizing the country and the region."

The U.S. has taken multilateral action to help the peace process in Sudan. The press release said that the U.S will work to strengthen the United Nations Hybrid Operation in Darfur (UNAMID) by providing funding for equipment, and diplomatic support. The Special Envoy to Darfur will create and uphold a dialogue with armed movements in Darfur to promote peace. The U.S has also vowed to work to support the implementation of a U.N. Security Council Resolution that will fight sexual and gender based violence. Furthermore, the U.S. will work to support accountability by promoting international and national efforts to make the individuals responsible for the genocide face justice. These are just a few of the ways that the United States has agreed to work multilaterally to create peace in Sudan. The U.S. will also support elections and legislative processes in Sudan.

A South African Foreign Ministry Official recently confirmed that Sudanese President Omer Al-Bashir will be arrested if he sets foot on South African soil. This would be done in compliance with South Africa's obligations to the International Criminal Court, which has issued an arrest warrant for Bashir for seven counts of war crimes and crimes against humanity allegedly committed in Darfur. Under the Court's Statute, member states are obliged to arrest individuals on their soil who have had an arrest warrant issued for them by the Court.

South Africa's stance goes against a recent African Union resolution which directed Member States to not cooperate with the International Criminal Court over the arrest warrant.

Yesterday, 43 international policy, humanitarian, and religious organizations sent a letter to the chair and ranking members of the House and Senate full appropriations and foreign operations sub-committees calling on them to support the $886,900,000 requested for United Nations and other peacekeeping accounts included in President Obama's FY 2009 Supplemental Funding request.

The letter noted that while the United States has voted to support peacekeeping missions in the U.N. Security Council, our funding has not kept pace with our commitments. The money is needed to support U.N. and African Union missions in Darfur, Chad, the Democratic Republic of the Congo (DRC), and Somalia.

This money needs must be protected as the supplemental works its way through Congress. Not only is fulfilling our obligations to UN peacekeeping a smart investment - the Government Accountability Office reports that U.N. peacekeeping is 8 times less expensive fielding a comparative U.S. force - but it's the right thing to do. These funds will finally get the U.S. current on paying its fair share of current peacekeeping dues. It's excellent to see a great nation pay its fair share and keep its commitments to the U.N.  If you haven't already, send a message to your members of Congress to urge them to support President Obama's peacekeeping request.

Don Kraus