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Support the International Criminal Court to help end impunity in Darfur.

Since spring 2003 armed conflict has been raging in Darfur, Sudan, between the government of Sudan, their proxy Janjawid militia, and multiple armed opposition groups. Hundreds of thousands of people have died over the last five-years of conflict in Darfur and over 2.6 million have been displaced from their homes.

In March 2005, the United Nations Security Council referred the situation in Darfur to the lead prosecutor for the International Criminal Court, and decided that "the Government of Sudan and all other parties to the conflict in Darfur, shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to this resolution" (Resolution 1593 (2005)).

In May 2007, after a 20-month investigation, the ICC issued warrants of arrest for two individuals: Ahmad Muhammad Harun (Ahmad Harun) and Ali Muhammad Al Abd-Al-Rahman (known as Ali Kushayb). The arrest warrants refer to crimes allegedly committed between August 2003 and March 2004, during several attacks allegedly carried out by Sudanese armed forces and Janjawid on four West Darfur towns (Kodoom, Bindisi, Mukjar and Arawala) and surrounding areas. According to the warrants, crimes were allegedly committed against civilians primarily from Fur, Zaghawa and Masalit communities, resulting in the death of some 1000 people.

Ahmad Harun is Minister of State for Humanitarian Affairs of Sudan. From 2003 to 2005 he was Minister of State for the Interior. In this capacity he was in charge of the management of the "Darfur Security Desk" and coordinated government bodies involved with Sudan’s counter-insurgency operations, including police, armed forces, and the National Security and Intelligence Service.

According to the ICC warrant, Harun allegedly recruited, mobilized, funded and armed Janjawid millitia with full knowledge that they would commit crimes against humanity and war crimes against the civilian population of Darfur. He also allegedly personally incited Janjawid to attack civilians. The arrest warrant against him lists 42 counts of crimes against humanity and war crimes, including persecution, murder and forcible transfer.

Ali Kushayb is a senior leader of Janjawid militias and a member of the Popular Defense Force. He was known as the "colonel of colonels" in the Wadi Salih area of West Darfur. By mid-2003 he allegedly commanded thousands of Janjawidmilitia forces.

According to the ICC warrant, Kushayb allegedly led attacks on the villages of Kodoom, Bindisi, Mukjar and Ararwala. He also allegedly enlisted, armed, funded and provided supplies to Janjawid under his command. The arrest warrant against him lists 50 counts of crimes against humanity and war crimes, including persecution, murder, attacks against the civilian population and forcible transfer.

In September 2007, in a step that was met with strong condemnation from human rights groups around the world, the Sudanese government appointed Ahmed Harun to co-chair a committee designated to hear complaints from survivors of human rights abuses in Darfur. In early October, the government announced that it had released Ali Kushayb for lack of evidence. (He was reported to have been arrested in Sudan in November 2006 on unspecified charges related to Darfur.)

Amnesty International is deeply concerned that the government of Sudan has refused its cooperation with ICC investigations, insisting that it will not surrender Ahmed Harun and Ali Kushayb to the Court.

The ICC has no police force with which to execute warrants and thus relies on UN member states and intergovernmental organizations to ensure that suspects are apprehended if the government in question refuses to surrender them.

Amnesty International has been calling on the United Nations Security Council to condemn the government of Sudan for its failure to cooperate with the ICC, and to press Sudanese authorities to surrender these two suspects. Because the U.S. government is a permanent member and a leader on the Security Council, it is important that you let U.S. administration officials know that you support the ICC’s work on Darfur. Thank you for your action.


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