June 7, 2010

President Barack Obama

The White House
1600 Pennsylvania Avenue, NW
Washington, DC 20500

Dear President Obama:

The undersigned human rights and anti-genocide organizations urge your

administration’s unequivocal support for the International Criminal Court’s (ICC) arrest
warrants for war crimes and crimes against humanity in the Darfur region of Sudan.

We welcome the fact that your administration, like the previous administration, has
declared its support for the ICC’s investigations into the grave crimes committed in
Darfur. However, it is clear that the international community’s commitment to
accountability in Sudan to date has not been sufficient. Not one of the arrest warrants
issued by the ICC for those allegedly responsible for orchestrating and perpetrating the
crimes in Darfur has been executed. The Government of Sudan’s intransigence in the face
of the arrest warrants has been so pronounced that the ICC’s judges recently sent the
cases against Ahmad Harun and Ali Mohamed Ali ("Ali Kushayb") – for whom warrants
have been outstanding since 2007 – back to the United Nations Security Council for
action. Wanted by the ICC for crimes against humanity and war crimes in Darfur since
March of 2009, Omar al-Bashir has not only failed to cooperate with the Court, but has
continued to obstruct humanitarian aid to and prolong the conflict in Darfur.

As a longstanding supporter of international justice since the Nuremburg Tribunals and a

permanent member of the UN Security Council that referred the Darfur situation to the
ICC in 2005, the U.S. must redouble its commitment to ensuring accountability for
crimes in Darfur.

We call on the U.S. to support all outstanding arrest warrants issued by the ICC for
crimes in Sudan by working with its allies and key regional actors to ensure the arrest of
Omar al-Bashir, Ahmad Harun and Ali Kushayb if they travel outside of Sudan. When
ICC Prosecutor Luis Moreno-Ocampo reports to the UN Security Council on the Darfur
investigations on Friday, June 11, the U.S. should lead the Council in taking action to
ensure the arrest of Harun and Kushayb as requested by the ICC judges, and in
coordinating UN Security Council action to isolate and ensure the arrest of al-Bashir.

We call on the U.S. to lead by example and make a public pledge at the UN Security
Council to provide material and intelligence as needed and requested by the ICC to
successfully pursue investigations and convictions for crimes in Darfur.

The U.S. must also make clear that alternative justice mechanisms alone will not be
satisfactory to ensure justice for victims and contribute to lasting peace in Darfur. The
ICC is designed to try the perpetrators most responsible for the world’s worst crimes and
atrocities. Layers of other justice mechanisms will be essential to ensure accountability
for the grave crimes committed across Darfur, though they must be properly executed to
be beneficial. For example, the African Union Panel on Darfur’s recommendation that a
hybrid court be created to try cases of crimes in Darfur could be an effective supporting
mechanism for peace and justice, but only if that court served as a supplement to the
ICC’s work. The U.S. must emphasize that such alternative mechanisms are no substitute
for advancing ICC investigations and future prosecutions.

Without leadership from the United States, the unacceptable status quo of impunity for
mass atrocities in Sudan will continue. The U.S. has taken a welcome step in advancing
its commitment to international justice by participating in the current ICC Review
Conference in Kampala. Now we call on your administration to lead the international
community by taking concrete steps to support the ICC in its work for ensuring justice
and accountability in Sudan.

Sincerely,

[THE UNDERSIGNED]