From today's edition of Canada's "Globe and Mail"...
Canada, along with Australia and New Zealand, is urging the United Nations Security Council to take tough action to end the violence in the Darfur region of Sudan, including prosecuting individual Sudanese at the International Criminal Court for war crimes, a move opposed by the United States.
In a letter delivered to the Security Council late Friday, UN ambassadors from the three countries urge its members to take concrete action to press the Sudanese government to rein in the Arab militias that target black African civilians.
"All reports indicate that the situation in Darfur is deteriorating, and we are gravely concerned for the safety of those persons living there as the conflict continues," says the letter, signed by Canada's UN ambassador Allan Rock, Australia's John Dauth and New Zealand's Don MacKay.
"We believe that the Security Council is uniquely placed to assist in promoting and advancing the protection of civilians in the Darfur region."
Mr. Rock said yesterday [Sunday] he is hoping the letter will encourage the Security Council members to act.
"I felt frustrated that nothing more is happening," he said. "The situation is deteriorating and we don't want it to be forgotten. We hope this will prod the Security Council into taking action."
The Security Council is to receive a report this week that was ordered by Secretary-General Kofi Annan, who received the final version late last week.
The report documents violations of international human-rights law and incidents of war crimes by militias and the rebels fighting them, and names individuals suspected of acting with "genocidal" intentions.
There was not sufficient evidence to indicate that Khartoum had a state policy intended to exterminate a particular racial or ethnic group, said diplomats familiar with the report, according to Reuters news agency.
Yesterday, Mr. Annan said the UN Security Council, which established a humanitarian mission and a 1,000-person African Union monitoring force last year, should take more aggressive action to end the violence.
"Serious violations of international humanitarian law and gross violations of human rights have taken place. This cannot be allowed to stand, and action will have to be taken," Mr. Annan told a news briefing during an AU summit in Nigeria.
"The Council had considered sanctions and had not been able to move forward because of some divisions in the council, but I believe that sanctions should still be on the table."
The letter from Canada, Australia and New Zealand recommends that the Security Council impose sanctions on Sudan, including travel bans and the freezing of international assets if the Sudanese government does not end the militia attacks on civilians.
The three countries are not Security Council members, but their ambassadors have appeared before the council during debates on Darfur.
The letter urges the Security Council to refer any violations of international human-rights law to the International Criminal Court.
The United States has opposed that move, proposing instead that an ad hoc tribunal investigate and prosecute allegations of war crimes.
President George W. Bush opposes the International Criminal Court, arguing that it could be used to prosecute U.S. military members abroad, despite exemptions Washington received.
Key members of the Security Council, including China and Russia, have blocked the imposition of sanctions, arguing that the Sudanese government was not responsible for the actions of militias, which are battling rebel groups in the region.
On Friday, a UN spokeswoman said the Sudanese air force launched a bombing raid on Wednesday in which about 100 people were killed and 9,000 displaced.
The government then prevented AU monitors from investigating, an AU source said.
The governor of North Darfur state said reports of the bombing of civilians in the Shangil Tobaya village are "unfounded," asserting they were fabricated by foreign news media and organizations, according to a statement published yesterday by official media.
From Reuters...
Canada, Australia and New Zealand urged U.N. Security Council members to impose targeted sanctions on perpetrators of atrocities in Darfur and permit the International Criminal Court to prosecute them, according to a letter released on Monday.
They wrote ahead of a U.N. report this week that will conclude war crimes and crimes of humanity took place in Darfur but will not call it genocide, as the United States has done.
The report by a five-member legal commission includes names of perpetrators of atrocities among government-backed militia, blamed for killings, pillaging and rape as well as rebels and possibly Sudanese officials. Some 70,000 people have died and 1.8 million are homeless.
But the report will not conclude there was genocide, Sudan's Foreign Minister Mustafa Osman Ismail said in Abuja, Nigeria.
Genocide is legally defined by an international convention as the "intent to destroy, in whole or in part, a national, ethnical, racial or religious group."
But the post World War Two treaty has a high threshold on what constitutes genocide and the report will probably conclude that Khartoum did not intend to exterminate a group.
The three nations said the council should look at "targeted measures" that could include travel bans and an assets freeze. The United States is preparing a resolution to this effect, but Russia and China oppose penalties on Khartoum.
The letter also said that the council should refer cases to the the International Criminal Court (ICC) should report conclude serious crimes had occurred. The United States vigorously opposes the tribunal.
But the report is expected to include several recommendations, one of which is that the Sudan crisis be referred to the ICC.
The United States prefers using facilities of an ad hoc tribunal in Tanzania, set up to try suspects of the 1994 Rwanda genocide, for suspects in Darfur. Europeans and others strongly oppose this solution as duplication of an existing court.
The new Hague-based ICC is the first permanent global criminal court to try individuals for genocide, war crimes and massive human rights abuses. But it can only prosecute when national governments fail to do so.
At the World Economic Forum in Davos on Friday, U.S. Republican Senator John McCain startled listeners when said he favored the United States joining the ICC in principle if it did not lead to U.S. officials being subject to politically-motivated arrest and prosecution.
"I want us in the ICC, but I'm not satisfied that there are enough safeguards," McCain said in a debate organized by the British Broadcasting Corporation.
Sen. Joseph Biden of Delaware, the ranking Democrat on the Senate Foreign Relations Committee, told the same debate that the United States would have been able to join if the European Union and others had accepted extra safeguards. But "that can change, should change, will change," Biden said.
One of the U.S. proposals rejected by the EU and others would have limited prosecutions to individuals whose national governments approved or signed the treaty. Were this the case, the Sudan crisis would have been excluded.