NEW YORK (ST)) – The French government appeared to be taking a softer stance on the role of the International Criminal Court (ICC) in Darfur after president Nicolas Sarkozy dropped the demand for extraditing two Sudanese suspects to the Hague.

France’s President Nicolas Sarkozy addresses the 63rd United Nations General Assembly at U.N. headquarters in New York September 23, 2008 (Reuters)

France had previously stressed that Sudan must turn over Ahmed Haroun, state minister for humanitarian affairs, and militia commander Ali Mohamed Ali Abdel-Rahman, also know as Ali Kushayb who are wanted by the ICC in connection with Darfur war crimes.

Then later the French Ambassador to the UN Jean-Maurice Ripert told reporters that Sudan may try Haroun and Kushayb internally with the consent of the ICC.

But Sarkozy speaking to reporters today at the UN headquarters in New York further watered down France’s demands with regards to the two suspects.

“We want those accused of genocide not to stay as ministers in a government in Sudan” Sarkozy said referring to Haroun.

Paris has been making conflicting statements over the last few weeks on their position with regards to invoking Article 16 of the Rome Statute which the UN Security Council (UNSC) to defer ICC investigations.

In mid-July the ICC prosecutor Luis Moreno-Ocampo announced that he is seeking an arrest warrant for Al-Bashir.

The ICC’s prosecutor Luis Moreno-Ocampo filed 10 charges: three counts of genocide, five of crimes against humanity and two of murder. It was only last week that judges have started reviewing the case in a process that could possibly drag on to next year.

Sudan and a number of regional organizations including the African Union (AU), Arab League, Non-Aligned Movement (NAM) and Organization of Islamic Conference (OIC) condemned Ocampo’s request and called on the UN Security Council (UNSC) resolution deferring Al-Bashir’s indictment.

But the UNSC has been divided on the issue particularly the Western countries on the council hesitant to support such a move.

The French president today made it clear that his country will not support a deferral resolution unless certain conditions are met.

“France wants the Sudanese authorities to radically change their policies. It is now up to Mr. Al-Bashir to determine what exactly he wants” Sarkozy said.

“We want to deploy the international force in Darfur to stop the scandalous situation in which tens of thousands are dying in this part of Africa. We want peace in Sudan as well as peace and the territorial integrity of Chad… people in Darfur have the right to live and we cannot accept the situation as it is currently” he added.

Sarkozy warned Sudan that France wants to see concrete steps taken before it would support a suspension of ICC move.

“There would be no recourse to invoking Article 16 unless there is radical and immediate change in Sudanese policies” he said.

“If Sudanese authorities do change; totally change their policies then France would not be opposed to using Article 16” the French president added.

But Amnesty International lambasted efforts at the UNSC to block ICC charges against Al-Bashir.

“If attempts to block the ICC’s investigation of President Bashir succeed, it would set a dangerous precedent for others to try to undermine international law. It would send a message that the international community is not serious about ending impunity for genocide, crimes against humanity and war crimes” said Amnesty International Executive Director Larry Cox.

Last week the French-Libyan born counsel Dr. Hadi Shalluf called Paris’s position as a “blatant interference in the judicial process”.

Shalluf, who is also a member of Sarkozy’s ruling party, said that “This is a serious violation of the European Union (EU) laws for a government to try and influence a court of law”.

Sudan has not ratified the Rome Statute, but the 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.
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Paris May Support a Freeze of ICC Indictment of Sudan President Bashir

By Peter Clottey, VOA

[podcast]http://www.voanews.com/mediaassets/english/2008_09/Audio/Mp3/09-24-08DBAClottey%20-%20Sudan%20-%20ICC%20Warrants%20-%20Hikmat.Mp3[/podcast]

A possible International Criminal Court (ICC) arrest warrant against Sudan’s President Omar al-Bashir took another turn after French President Nicholas Sarkozy reportedly said Paris might support freezing the indictment. President Sarkozy reportedly told the United Nations General Assembly yesterday (Tuesday) that his country would support freezing the possible ICC indictment if Khartoum radically changes its policies over the troubled Darfur region. This comes after the ICC chief prosecutor Louis Moreno Ocampo seeks support from the United Nations and the African Union to put Sudan’s President on trial for war crimes.

There is, however, a growing debate at the United Nations over whether the Security Council should defer the Sudan probe. Fouead Hikmat is the project director for the Horn of Africa of the International Crisis group. He tells reporter Peter Clottey from the Sudanese capital, Khartoum that it was about time that Sudan’s government changes its approach on the Darfur crisis.

“I think starting with a working assumption here in response to what President Sarkozy said today, I think the assumption is that the government of Sudan and in particular the ruling National Congress Party (NCP) that it needs radical change by first of all to agree to engage with the International Criminal Court, which is very, very important, otherwise if they do refuse to engage the International Criminal Court then there is no foundation for a radical change as far as the policies regarding the settlement in Darfur,” Hikmat noted.

He said Paris’ announcement should be a catalyst for the ruling party to change its stance on the Darfur crisis.

“I could understand that if we unpack the question of President Sarkozy, it means that first of all the NCP should accept and engage the International Criminal Court, that is to respond legally to it and in other words to try to create the conditions for a sustainable settlement of the conflict of Darfur, which then creates an argument to invoke article 16,” he said.

Article 16 of the International Criminal Court’s statute permits the United Nations Security Council to freeze ICC indictments for up to one year.

Hikmat said the Darfur crisis and its ensuing controversy about a possible indictment of Sudan’s President Bashir is a complicated issue to deal with.

“I don’t think it is a very straight forward issue like that because the issues are complex. And I always do believe that when problems are complex you can’t solve them by simple solutions. By definition, I think the solutions have to be complex so that they can address the multiple layers and the multiple factors make that problem,” Hikmat pointed out.

He said there was a need for enthusiasm and confidence building measures among all the stakeholders in the Darfur crisis.

“At the moment if the two parties are to negotiate and find a settlement to the problem of Darfur, this means that there has to be genuine willingness from the government and the rebel groups to sit round the table and to start to negotiate. Now, what constitutes that willingness because I don’t think the situation now in Sudan is about the simple willingness just to express your willingness to say that I would like to sit with others and I’m willing to. Unfortunately, the deep mistrust that is there among all the parties… that would first have to be operationalized through positive mechanisms,” he said.

Hikmat said if Khartoum is able to avoid possible ICC indictment it would bode well for the entire Horn of African region.

“I wish the government would be able to succeed in doing so because that would avert serious consequences to Sudan and also to the region because the issue at hand is stability within Sudan and also the regional stability,” Hikmat noted.