Amin and Sannd received an email threat in response to their attempts to strengthen and facilitate the role of the International Criminal Court in achieving justice and ending the crisis in Darfur and were instructed to stop their work on Darfur and the ICC or to risk bodily harm.
The CICC defends the right of all to work to fulfill the mandate of the Court without risk of harassment or threat to an individual human rights defender, or his or her organization.
The CICC would like to reiterate the following points:
1) The Preamble of the Rome Statute, the founding treaty of the ICC, recognizes the commitment of the international community to prevent and seek justice for atrocities that threaten the peace, security, and well-being of the world. It is determined to put an end to impunity for those who perpetrate the grave crimes under the Court’s jurisdiction: war crimes, crimes against humanity and genocide. In so doing, the ICC also provides a strong deterrent for the future commission of these crimes.
2) Since 2003, war crimes, crimes against humanity, and possibly genocide have been committed in the Darfur region, including widespread incidences of systematic rape, murder of civilians, forcible transfer, torture, and other inhumane acts.
3) The Court’s jurisdiction commenced on 1 July 2002.
4) The Rome Statute recognizes in Article 13 (b) that the ICC can exercise its jurisdiction if the Security Council, acting under Chapter VII of the UN Charter, refers a situation to the ICC Prosecutor in which crimes under the Statute appear to have been committed.
5) On 31 March 2005, the Security Council adopted resolution 1593, referring the situation in Darfur for investigation to the ICC Prosecutor. The resolution directs the government of Sudan and all other parties to the conflict in Darfur to cooperate fully with the Court and the Prosecutor, providing them with any necessary assistance.
6) On 27 April 2008, the Prosecutor of the International Criminal Court, Luis Moreno-Ocampo, issued warrants for the arrest of Ahmad Muhammad Harun and Ali Muhammad Ali Abd-Al-Rahman (more commonly known as Ali Kushayb), citing the two as bearing responsibility for grave crimes committed in the troubled region of Darfur, Sudan between 2003 and 2004. To date, neither suspect has been apprehended.
7) On 14 July 2008, the Prosecutor requested the Pre-Trial Chamber to issue an arrest warrant against Sudanese President Omar Al-Bashir.
We call on the Egyptian government to ensure the protection of Mr. Nasser Amin and Mr. Hammad Wadi Sannd and furthermore call on all concerned to recognize the right of the ACIJLP to promote justice in Darfur through the ICC. Regardless of what one thinks of the Prosecutor’s request, or the role of the Security Council in the affairs of the Court, we ask that you respect the right of victims to receive justice and of non-government organizations to promote justice without facing adverse consequences and to leave it to the Court to make its determination, as provided by the Rome Statute.
Sincerely,
CICC Steering Committee on behalf of the CICC
