SUDAN: A sealed file containing the names of those regarded as responsible for crimes against humanity and war crimes in Darfur has been given to the United Nations Secretary-General with the strong recommendation that they should be tried by the International Criminal Court.
Mr Kofi Annan said yesterday however that while his own support for the ICC was well known, this was a decision for the Security Council, not for him.
"What is vital is that these people are indeed held accountable," he said. "Such grave crimes cannot be committed with impunity. That would be a terrible betrayal of the victims and of potential future victims in Darfur and elsewhere."
The names were compiled by the International Commission of Inquiry on Darfur with the strong recommendation that they be handed to a future prosecutor in the ICC. The 177-page report of the UN commission was presented to the 15 members of the UN Security Council on Monday evening and is expected to be discussed by the council on Friday.
The United States has opposed the ICC from its inception and may oppose the use of the court to try Darfur suspects.
UN sources say there is unlikely to be a speedy resolution on the report by the five-member commission. The two problems it faces are American reluctance to agree to the ICC involvement and the reluctance of council members such as Russia and China to impose sanctions on Sudan.
Members are expected to discuss the possibility of setting up a tribunal of the kind which judged cases of genocide in Rwanda.
Mr Annan repeated yesterday that sanctions should still be on the table and urged the security council to give immediate and very serious attention to the report's recommendation that "action must be taken urgently to end these violations".
The commission had established that the government of Sudan and the Janjaweed arab militia "are responsible for crimes under international law" and also found that "attacks on villages, killing of civilians, rape, pillaging and forced displacement have continued even while it was conducting its inquiry".
The report concluded that the government of Sudan "has not pursued a policy of genocide", although "in some instances individuals, including government officials, may commit acts with genocidal intent".
The UN Secretary General also noted that the commission "found credible evidence that rebel forces, too, are responsible for serious violations which may amount to war crimes, including murder of civilians and pillage".
The commission recommended that only a competent court could decide on a case-by-case basis the finding of acting with genocidal intent, Mr Annan said. It noted that "the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide".
The report, released yesterday, describes in detail a concerted campaign of violence against Darfur's Fur, Masalit, Jebel, Aranga and Zaghawa tribes since February 2003, resulting in the deaths of 70,000 people and the displacement of 1.8 million.
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