Statement on International Campaign Against Sudan and Its President

The secretariat-general of the International Union for Muslim Scholars (IUMS) received with deep concern the call of the International Criminal Court (ICC) prosecutor for an arrest warrant against the Sudanese president, Omar Hassan Al-Bashir, claiming he is responsible for crimes against humanity committed in Darfur.

 

In this regard, we assert the following:

 

First: Neither the ICC prosecutor nor any of his assistants visited the scene of the alleged events or met with Sudanese officials. His report merely depended on the false claims of some Sudanese opposition residing outside Sudan, and allegations of the Western media that exaggerated in order to show that the Sudanese government committed, facilitated or at the very least covered-up the alleged crimes against humanity.

 

Second: The delegation of the IUMS, which was headed by the IUMS president, Sheikh Yusuf al-Qaradawi, visited Sudan and Darfur in the midst of events (September 2004). During this visit, the IUMS delegation met with many political leaders from the Sudanese government and opposition, including Dr. Hassan Turabi, who was then under house arrest, along with many Darfurian leaders. The delegation ascertained that no ethnic cleansing took place, no crimes against humanity occurred and likewise no genocide was committed by government forces or any allied militia. In its statement that was issued following this visit on Rajab 22, 1425 A.H., corresponding to Sep. 7, 2004, the IUMS declared that all media allegations about ethnic cleansing, genocide and mass rape were unfounded. Moreover, the statement appreciated the efforts of the Sudanese government in addressing social problems and the humanitarian situation, and praised their decision to establish a fact-finding committee, headed by the honorable scholar professor, Daf`allah Al-Hajj Yusuf, former Sudanese chief justice.

 

Third: The independent and neutral fact-finding committee completely denied the charges that the ICC prosecutor claimed against the Sudanese government and President Omar Al-Bashir.

 

Fourth: According to Article (11/2) of the ICC Statute, the ICC’s jurisdiction is confined to the States Parties to the Statute. In addition, the ICC is complementary to national criminal jurisdictions, according to the Preamble and Article (1) of the Statute. Thus, as Sudan is not a party to the ICC Statute, the ICC prosecutor is not authorized to take any action against the Sudanese president or any other Sudanese officials.

 

Fifth: The American threat to take action to arrest the Sudanese president, Omar Hassan Al-Bashir is simply part of a series of American interventions in the private internal affairs of other states. The American administration seeks to play the role of “international policeman”, that enables it to exercise its military strength without commitment to the rules that have been established in international laws and the provisions of international treaties. In this context, it is important to note that the United States is not a party to the ICC Statute; as it cancelled its ratification. Hence, what is happening today with President Al-Bashir and Sudanese officials may happen tomorrow with U.S. President George W. Bush and his high officials.

 

Accordingly, the IUMS secretariat-general calls upon the whole world, especially scholars, preachers, people of justice and fairness among the followers of all religions, and defenders of freedom and human rights, to stand united against this illegal action that was taken by the ICC prosecutor against the Sudanese president, to prevent its implementation. In addition, the IUMS secretariat-general invites Arab foreign ministers who will meet at the Arab League headquarters in Cairo on Saturday Rajab 16, 1429 A.H., corresponding to July 19, 2008 to adopt the strongest attitudes against this unprecedented action that affects the sovereignty of a member in the Arab League, and violates the internationally recognized immunity of heads of states.

 

The IUMS believes that the Arab failure to halt the false measures currently being taken against the Sudanese president will open the door to other acts against Arab kings and presidents, especially in light of the successive accusations against many Arab countries concerning the violation of human rights. Therefore, the Islamic duty necessitates all Arab and Muslim states to unite and stand together to prevent any violation of human rights in their homelands, regardless of the cause. In addition, Islam requires Arab and Muslim states to take all possible actions against the violation of international law and the ICC Statute, through their attitudes within the United Nations and through their international bilateral and collective relations, in order to retain the prestige of the international system and the sovereignty of states.

 

Allah has full power and control over His Affairs, and He (Exalted and Glorified be He) is behind the intention