CAIRO, 23 February 2005 ? The Darfur Consortium, an umbrella group of more
than forty mainly African civil society organizations, along with the
Cairo Institute for Human Rights Studies and Human Rights First (formerly
the Lawyers Committee for Human Rights), urge the U.N. Security Council to
refer the situation in the Darfur region of the Sudan to the International
Criminal Court (ICC) without further delay. A Security Council resolution
to refer the Darfur situation to the ICC would grant that court
jurisdiction to investigate and prosecute the atrocities committed in the
region.

?The restoration of peace in Darfur is not possible unless those
responsible for the grave crimes committed there are brought to justice
and the damage done to the victims is satisfactorily repaired,? said Magdi
El Na?im, Executive Director of the Cairo Institute for Human Rights
Studies, which is a member of the Darfur Consortium. ?As a first step,
the ICC must be permitted to investigate and prosecute those who bear the
greatest responsibility for these crimes.?

Last week, the report of the U.N.-appointed International Commission of
Inquiry on Darfur was presented to the Security Council. The Commission ?
a five-member panel that includes Mohammed Fayek, Secretary-General of the
Arab Organization for Human Rights ? found that crimes against humanity
and war crimes have been committed in Darfur. In particular, it found
that killing of civilians, torture, enforced disappearances, destruction
of villages, rape and other forms of sexual violence, pillaging, and
forced displacement have been committed on a widespread and systematic
basis. The Commission also provided to the U.N. Secretary-General a
sealed list of individuals suspected of criminal responsibility for these
violations and strongly recommended immediate referral of the Darfur
situation to the ICC.

Despite the Commission?s urgent recommendation, the current draft of a
Security Council resolution on Darfur, which is sponsored by the United
States, fails to refer the Darfur situation to the ICC ? or indeed to
provide for any acceptable mechanism for expeditiously holding accountable
those responsible for what the U.N. Secretary General has described as a
?hell on earth? for the people of Darfur.

?It is unacceptable to delay justice for victims in Darfur,? said John
Stompor, Senior Associate in the International Justice program of Human
Rights First. ?A vague promise of future accountability is an inadequate
substitute for immediate referral to the ICC.?

A recent mission by members of the Darfur Consortium observed firsthand
how Darfurians continue to suffer under Khartoum?s defiance of the
international community and the ineffectiveness of existing Security
Council resolutions. More than 2.1 million people have been cast out of
their homes and are living in fear in precarious conditions as internally
displaced persons in Sudan or as refugees in Chad. As many as 300,000
people may have already died as a result of the conflict.

?Darfurians who fled their homes are enduring a desperate lack of adequate
food and medical care,? said Ashraf Milad Ruxi, a representative of the
Darfur Consortium. ?They also express fear at returning to their villages
until there is a process for holding accountable those responsible for the
grave crimes committed in Darfur.?

?The people of Darfur must not struggle for justice alone. They should
have the support of all peace-loving people ? particularly their brothers
and sisters throughout Africa as well as the Arab and Muslim world,? said
Dismas Nkunda, also a representative of the Darfur Consortium. ?The
heinous crimes committed in Darfur demand international action. We
challenge the African Union and its member countries ? particularly
Algeria, Benin, and Tanzania, who have seats on the Security Council ? to
put their full support behind a referral of the Darfur situation to the
ICC.?

Sudan Has Failed to End Impunity.

The Sudanese government, whose army and proxy militia, the Janjaweed, are
responsible for much of the violence in Darfur, has failed to bring those
responsible for these crimes to justice.

?In July 2004 during the U.N. Secretary-General?s visit to Sudan, the
Sudanese government promised that it would investigate the grave crimes in
Darfur, but since then, there has been no serious action to end impunity,?
said Abdel Mon?im El Gak, Sudan Program Officer at the Cairo Institute for
Human Rights Studies. ?The Government of the Sudan has no one to blame
but itself for its lack of credibility when it talks about justice for
these crimes.?

Indeed, the International Commission of Inquiry on Darfur found that ?the
Sudanese judicial system has proved incapable, and the authorities
unwilling, of ensuring accountability for the crimes committed in Darfur.?

The ICC Is an Essential First Step for Justice.

The ICC is the only permanent international judicial institution with the
power to exercise jurisdiction over persons for the most serious crimes of
international concern ? genocide, other crimes against humanity, and war
crimes. Pursuant to article 13 of the Rome Statute, the Security Council
acting under Chapter VII of the U.N. Charter may immediately authorize the
ICC to exercise its jurisdiction over the serious crimes committed in
Darfur.

Because the ICC is now operating, it could rapidly begin investigating and
prosecuting those who bear the greatest responsibility for the serious
crimes committed in Darfur. The court has existing facilities and
infrastructure, its senior officials are in place, and there already is a
staff of over 250 people at work.

The U.S. Proposal for New Tribunal Has Many Drawbacks.

In recent weeks, U.S. officials have sought to derail a referral to the
ICC by advocating for a new, temporary international tribunal, mandated
and established by the Security Council, and jointly administered by the
U.N. and the African Union.

U.S. support for a new tribunal is based on its ideological opposition to
the ICC ? not practical reasons related to ensuring justice for the people
of Darfur. Indeed, the U.S.-proposed tribunal would be burdened by
unnecessary delay and expense.

?It is disheartening to see the United States undermine the leadership
role it has played in focusing the world?s attention on the human rights
emergency in Darfur,? said John Stompor.

Experiences with the temporary international criminal tribunals that were
created for the former Yugoslavia and Rwanda ? in the absence of the
permanent ICC ? suggest that it would take many months, if not years, to
get a new tribunal for Sudan up and running.

Such a tribunal would also require substantial and continuing financial
commitments of hundreds of millions of dollars. It seems highly unlikely
that any of the ninety-seven ICC member countries would support the
creation of a new court, when they are already paying for the ICC, which
is ready and able to take on the case of Darfur.

Another drawback of a new tribunal is that it likely would have problems
of non- cooperation similar to those that have plagued the other temporary
courts. Some of those who have been indicted by these tribunals are
successfully avoiding appearing in court, hoping to exploit the limited
time frame that such temporary tribunals have to finish their work. In
contrast, the ICC is a permanent tribunal whose continuing jurisdiction is
substantially more difficult for accused persons to avoid.

Africa Has a Large Stake in Peace in Darfur and Referral to the ICC.

The African Union and its member countries have played a pivotal role in
the pursuit of peace in Darfur ? brokering a ceasefire, hosting the
political process, and sending a monitoring force to Darfur. African
countries have also clearly expressed a commitment to the ICC ? a
commitment that is disregarded by the U.S. proposal for a new tribunal.

?The ICC is not only an international court ? it is also an African
court,? said Dismas Nkunda. ?The ICC has been identified by numerous
African countries as the most appropriate mechanism for pursuing
accountability for serious crimes under international law when domestic
courts are unwilling or unable to act.?

Forty-four African countries ? including Sudan and Egypt ? have signed the
Rome Statute, the treaty establishing the ICC. Twenty-six African
countries have ratified the Rome Statute and are full parties to the ICC.

In addition, many of the ICC?s key officials are African jurists. The ICC
also has the capacity to hold its proceedings in Africa, if desirable.

A Range of Additional Measures Are Needed.

A referral of the situation of Darfur to the ICC is just one of a number
of critical steps that must be taken in order to ensure peace, justice,
reconciliation and reparation for the people of the region.

The ICC would only be able to investigate and prosecute a small number of
persons for the serious crimes committed in Darfur.

For the thousands of rank and file members of the Janjaweed and others
suspected of committing atrocities in Darfur, justice must be sought and
achieved at the local level. Additional mechanisms should be developed
with the full and informed involvement of the people of Darfur, in
particular the victims of the recent violence. This is a huge but vital
task. It would necessitate not only support for reform of the justice
system within Sudan but also recognition of the important role that local,
traditional conflict resolution mechanisms could play in Darfur.

In addition, a scheme of reparations for the victims of the conflict,
educational programs that promote a culture of peace and human rights, and
at a later stage, a truth and reconciliation commission, need to be part
of a long-term strategy to promote a lasting peace.

?Side by side with a referral of the situation of Darfur to the ICC, the
international community must commit to providing substantial and sustained
support to the people of Darfur to pursue accountability and
reconciliation at the local level,? said Abdel Mon?im El Gak. ?This must
involve understanding the roots of the conflict and its effects on Darfur
communities. It also requires making available the additional resources
needed by Darfurians to rebuild the region?s social and material
infrastructure, which has been utterly decimated.?

FOR MORE INFORMATION, PLEASE CONTACT:

Cairo Institute for Human Rights Studies
Magdi El Na?im
Abdel Mon?im El Gak
Tel. +20 2 7946065, +20 2 7951112
www.cihrs.org

Darfur Consortium
Dismas Nkunda
Tel. +20 2 7946065, +20 2 7951112 (in Cairo); +256 78 310 404 (in Kampala)
Ashraf Milad Ruxi
Tel. +20 2 7924560, +20 12 2903425
www.DarfurConsortium.org

Human Rights First
(formerly the Lawyers Committee for Human Rights)
John Stompor
Tel. +20 2 7946065 (in Cairo); +1 212 845 5247 (in New York)
Ana Ayala
Tel. +1 212 845 5240
www.HumanRightsFirst.org