At UN, Freezing Indictment of Al Bashir Discussed by France, Sharing Evidence with ICC Dodged
By Matthew Russell Lee 
September 17, 2008
The Inner City Press 
Original Source: http://www.innercitypress.com/un1icc091708.html
UNITED NATIONS, September 17 -- As judges in The Hague consider whether to grant an arrest warrant against Sudanese President Omar Al Bashir, information has emerged about secret negotiations to forestall the requested indictment. On September 17, Inner City Press asked France's Permanent Representative to the UN Jean-Maurice Ripert if his country is engaged in discussions with Sudan about conditions to invoke Article 16 of the Rome Statute of the International Criminal Court, which would freeze proceedings against Al Bashir. Video here, from Minute 11:58.
   Ambassador Ripert listed a series of conditions, ranging from stopping the killing to Darfur to improving Sudan's relations with Chad to starting in-country trials of the two current Sudanese ICC indictees. Asked if France would then support invoking Article 16, Ambassador Ripert said, Why not? Video here, from Minute 16.
  Earlier on September 17, Gareth Evans of the non-profit International Crisis Group told Inner City Press that not only France, but also the UK have made such outreach to Sudan. He likened it to a plea bargain and argued that there are no absolutes in this business [of] conflict prevention.
  It is understood that Prosecutor Luis Moreno-Ocampo has told friends of the ICC that the information he recently used to seek Al Bashir's arrest, he had back in December 2007, and he showed it to Sudan saying that if they met certain conditions, no arrest warrant would be sought. The difficulty here is that the indictment is for past acts, not future actions. But both Moreno-Ocampo and, at least, France and the UK appear to be blurring the difference.
   Moreno-Ocampo's work also came up as an issue at the new UN Department of Peacekeeping Operations chief Alain Le Roy's press conference later on September 17. Inner City Press asked Le Roy for his position on DPKO sharing information with Moreno-Ocampo and the ICC, in the wake of the suspension of the case against Congolese militia leader Thomas Lubanga on the grounds that complying with DPKO's confidentiality agreements would deny Lubanga a fair trial. Also implicated is whether the UN in Sudan gave evidence to the ICC against Al Bashir.
    That is a difficult question, Le Roy said, adding that he would have to check with the UN's Office of Legal Affairs. When Inner City Press asked the last head of OLA, Nicolas Michel, for his position on ICC defendants' rights to see such information, Michel referred to an offer he had made, to let defense counsel see but not take notes on the documents. That was rejected by the Court. On September 17 it was announced that Michel is resurfacing as the UN's envoy to the Gabor - Equatorial Guinea border dispute. Inner City Press asked if the post is part-time, if it is at the Assistant Secretary General Level and paid When Actually Employed.  
  He is a USG, the UN Deputy Spokesperson said, adding that is is part-time and paid When Actually Employed -- at the USG rate. Once a USG, always a USG?
Footnote: for more on the Lubanga case, click here for Inner City Press' story yesterday, which has been supplemented to add that Liechtenstein's Ambassador Christian Waneser's statement that I don't personally exclude that the judges will throw out the genocide charge apparently referred to the possibility of the ICC judges not granting Moreno-Ocampo's request for an arrest warrant against Al Bashir on grounds of genocide. The warrant could issue on some charges and not others. We note for the record that Moreno-Ocampo did not indict the DR Congo's Thomas Lubango for genocide -- although Lubanga was so-charged in the DR Congo, click http://64.233.169.104/search?q=cache:WdYCkZsnpWkJ:www.icc-cpi.int/library/cases/ICC-01-04-01-06-39-AnxC1-tENG_English.pdf+lubanga+genocide&hl=en&ct=clnk&cd=1&gl=us here for a document on the ICC's website to the effect.
Watch this site, and http://bloggingheads.tv/diavlogs/14208 this (UN) debate.