Sudan, ICC Sign MoU

International Criminal Court (ICC) Prosecutor Karim Khan (SUNA)
International Criminal Court (ICC) Prosecutor Karim Khan (SUNA)
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Sudan, ICC Sign MoU

International Criminal Court (ICC) Prosecutor Karim Khan (SUNA)
International Criminal Court (ICC) Prosecutor Karim Khan (SUNA)

The Sudanese government and International Criminal Court (ICC) signed a memorandum of understanding (MoU) on providing information and realization of justice for the victims of the conflict in Sudan's Darfur region.

The two parties did not disclose the details of the memorandum.

However, sources told Asharq Al-Awsat that the most important provisions include the full cooperation of the Sudanese authorities in facilitating access to victims and witnesses and collecting evidence.

ICC Prosecutor Karim Khan said the visiting delegation and the Sudanese government failed to agree on a specific date for handing over the ousted Sudanese President Omar al-Bashir and other suspects to the court.

"The MoU helps provide the requested information and continue work with the victims, the survivors, and the civil society," said Khan at a press conference in Khartoum.

Khan revealed that the ICC would open an office in Sudan to collect further evidence to "build a solid case" and communicate with the various agencies of the Sudanese government.

Khan asked the Sudanese authorities to provide immediate access to all evidence, and this evidence is of critical importance to ensure that the work in the courtroom is successful.

The ICC had signed a memorandum of understanding with the Foreign Ministry last February, connected with Ali Kushayb. The court charged Kushayb with 31 counts of war crimes against civilians in several Darfur regions.

The prosecutor affirmed that the court is fully prepared to support the mechanisms and courts of justice in Darfur.

Khan, who described the Darfur civil war as a "dark chapter" in Sudan's history, said plans were underway for the ICC to collect further evidence to build a solid case and achieve justice at all levels.

Sources told Asharq Al-Awsat that the prosecutor touched on witness protection, noting that the court needs assistance to provide security for witnesses.

They said that the prosecutor seemed optimistic that the interim parliament in Sudan would ratify the Rome Statute soon.

"Transfer of any suspect is an important step but should be preceded and accompanied by substantive and ever-deepening cooperation," Khan said.

He indicated that his second visit to Sudan would be next November, and he will submit a report to the UN Security Council in December.

The ICC is demanding the extradition of Bashir, his former defense minister, Abdel Rahim Mohamed Hussein, and his former assistant, Ahmed Haroun, on charges of genocide, crimes against humanity, and war crimes.

In 2005, the UN Security Council referred the Darfur case to The Hague. The decision stipulated the prosecution of government and army officials and tribal militia leaders for killings, displacement, and rape in Darfur.



Hamas OKs Draft Agreement of a Gaza Ceasefire and the Release of Some Hostages, Officials Say

 Destroyed buildings are seen in North Gaza, amid the ongoing conflict between Israel and Hamas, as seen from Israel, January 14, 2025. (Reuters)
Destroyed buildings are seen in North Gaza, amid the ongoing conflict between Israel and Hamas, as seen from Israel, January 14, 2025. (Reuters)
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Hamas OKs Draft Agreement of a Gaza Ceasefire and the Release of Some Hostages, Officials Say

 Destroyed buildings are seen in North Gaza, amid the ongoing conflict between Israel and Hamas, as seen from Israel, January 14, 2025. (Reuters)
Destroyed buildings are seen in North Gaza, amid the ongoing conflict between Israel and Hamas, as seen from Israel, January 14, 2025. (Reuters)

Hamas has accepted a draft agreement for a ceasefire in the Gaza Strip and the release of dozens of hostages, two officials involved in the talks said Tuesday. Mediators from the United States and Qatar said Israel and the Palestinian group were at the closest point yet to sealing a deal to bring them a step closer to ending 15 months of war.

The Associated Press obtained a copy of the proposed agreement, and an Egyptian official and a Hamas official confirmed its authenticity. An Israeli official said progress has been made, but the details are being finalized. All three officials spoke on condition of anonymity to discuss the talks.

“I believe we will get a ceasefire,” US Secretary of State Antony Blinken said during a speech Tuesday, asserting it was up to Hamas. “It’s right on the brink. It’s closer than it’s ever been before,” and word could come within hours, or days.

The United States, Egypt and Qatar have spent the past year trying to mediate an end to the war and secure the release of dozens of hostages captured in Hamas’ Oct. 7, 2023, attack that triggered it. Nearly 100 people are still captive inside Gaza, and the military believes at least a third are dead.

Any deal is expected to pause the fighting and bring hopes for winding down the most deadly and destructive war Israel and Hamas have ever fought, a conflict that has destabilized the Middle East and sparked worldwide protests.

It would bring relief to the hard-hit Gaza Strip, where Israel's offensive has reduced large areas to rubble and displaced around 90% of the population of 2.3 million, many at risk of famine.

If a deal is reached, it would not go into effect immediately. The plan would need approval from Prime Minister Benjamin Netanyahu’s Security Cabinet and then his full Cabinet. Both are dominated by Netanyahu allies and are likely to approve any proposal he presents.

Officials have expressed optimism before, only for negotiations to stall while the warring sides blamed each other. But they now suggest they can conclude an agreement ahead of the Jan. 20 inauguration of US President-elect Donald Trump, whose Mideast envoy has joined the negotiations.

Hamas said in a statement that negotiations had reached their “final stage.”

In the Oct. 7 attack, Hamas-led fighters killed around 1,200 people, mostly civilians, and abducted another 250. Around half those hostages were freed during a brief ceasefire in November 2023. Of those remaining, families say, two are children, 13 are women and 83 are men.

Israel’s retaliatory offensive has killed over 46,000 Palestinians, more than half of them women and children, according to Gaza’s Health Ministry, which does not say how many of the dead were combatants.

Israeli airstrikes on two homes in central Gaza killed at least 17 Palestinians late Tuesday and wounded seven more, hospital officials said, adding that some of the corpses had been dismembered. Earlier strikes killed at least 18 people, including two women and four children, according to local health officials, who said one woman was pregnant and the baby died as well.

There was no immediate comment from the Israeli military. Israel says it only targets fighters and accuses them of hiding among civilians.

A three-phase agreement

The three-phase agreement — based on a framework laid out by US President Joe Biden and endorsed by the UN Security Council — would begin with the release of 33 hostages over a six-week period, including women, children, older adults and wounded civilians in exchange for hundreds of Palestinian women and children imprisoned by Israel.

Among the 33 would be five female Israeli soldiers, each to be released in exchange for 50 Palestinian prisoners, including 30 fighters who are serving life sentences.

The Israeli official said Israel assumes most of the 33 are alive.

During this 42-day phase, Israeli forces would withdraw from population centers, Palestinians could start returning to what remains of their homes in northern Gaza and there would be a surge of humanitarian aid, with some 600 trucks entering each day.

Details of the second phase still must be negotiated during the first. Those details remain difficult to resolve — and the deal does not include written guarantees that the ceasefire will continue until a deal is reached. That means Israel could resume its military campaign after the first phase ends.

The Israeli official said “detailed negotiations” on the second phase will begin during the first. He said Israel will retain some “assets” throughout negotiations, referring to a military presence, and would not leave the Gaza Strip until all hostages are home.

The three mediators have given Hamas verbal guarantees that negotiations will continue as planned and that they will press for a deal to implement the second and third phases before the end of the first, the Egyptian official said.

The deal would allow Israel throughout the first phase to remain in control of the Philadelphi corridor, the band of territory along Gaza’s border with Egypt, which Hamas had initially demanded Israel withdraw from. Israel would withdraw from the Netzarim corridor, a belt across central Gaza where it had sought a mechanism for searching Palestinians for arms when they return to the territory's north.

In the second phase, Hamas would release the remaining living captives, mainly male soldiers, in exchange for more prisoners and the “complete withdrawal” of Israeli forces from Gaza, according to the draft agreement.

Hamas has said it will not free the remaining hostages without an end to the war and a complete Israeli withdrawal, while Netanyahu has vowed in the past to resume fighting until Hamas’ military and governing capabilities are eliminated.

Unless an alternative government for Gaza is worked out in those talks, it could leave Hamas in charge of the territory.

In a third phase, the bodies of remaining hostages would be returned in exchange for a three- to five-year reconstruction plan for Gaza under international supervision.

Blinken on Tuesday was making a last-minute case for a proposal for Gaza's post-war reconstruction and governance that outlines how it could be run without Hamas in charge.

Growing pressure ahead of Trump's inauguration

Israel and Hamas have come under renewed pressure to halt the war before Trump's inauguration. Trump said late Monday a ceasefire was “very close.”

Thousands of Israelis rallied in Tel Aviv on Tuesday night in support of a deal they have long encouraged. “This is not about politics or strategy. It’s about humanity and the shared belief that no one should be left behind in darkness,” said a hostage released earlier from Gaza, Moran Stella Yanai.

But in Jerusalem, hundreds of hard-liners marched against a deal, some chanting, “You don’t make a deal with the devil,” a reference to Hamas.

In the Israeli-occupied West Bank, families of Palestinian prisoners gathered as well. “I tell the mothers of the prisoners to put their trust in the almighty and that relief is near, God willing,” said the mother of one prisoner, Intisar Bayoud.

And inside Gaza, an exhausted Oday al-Halimy expressed hope from a tent camp for the displaced. “Certainly, Hamas will comply with the ceasefire, and Israel is not interested in opposing Trump or angering him,” he said.

A child born in Gaza on the first day of the war, Massa Zaqout, sat in pink pajamas in another tent camp, playing with toys. “We’re eagerly waiting for a truce to happen so we can live in safety and stability,” her mother, Rola Saqer, said.