From: Sudan Liberation Movement/Army (SLM/A)
and
Justice and Equality Movement (JEM)
TO: The Chairman of the UN Security Council

Subject: Apprehension and Trial of the Perpetrators of Ethnic Cleansing and Crimes Against Humanity In Darfur, Before the Resumption of Peace Negotiations.

The two Movements (SLM/A and JEM) jointly present their compliments to his Excellency the Chairman of the UN Security Council and through him to the entire members of the Council and have the honor to express their appreciation to the valuable and great efforts excreted by his Excellency for the sake of stability, security, peace and the amelioration of the tragic humanitarian situation in Darfur (the world’s worst humanitarian crisis) and would like to state that there is still a lot to be done.
The two movements would like also to put the following observations and demands before the Council:

1- It is the two movements’ belief that the crisis in Darfur can not be resolved solely by viewing it through the lance of security and humanitarian crisis or seeing it as solely a security and humanitarian issue as the AU is doing now. But it has to proceed further to the roots of the political problem, embracing power and wealth sharing among all regions of Sudan.

2- The movements have always remained abided by all the agreements and protocols through out the process of negotiations with the Sudan government.

3- The movements closely followed with great concern the work of the International Commission of Enquiry on Darfur and the developments after the presentation of the report and commended both the efforts and the outcome of the work.
4- The report gave us and our people the innocent victims of genocide a great optimism and a new beacon of hope as to the apprehension and trial of the perpetrators of genocide.

5- Of recent a number of voices were heard calling for the delay, or postponement of the trials. Others even called that the criminals go Scot free, and that the issue is a Sudanese and an African affair.

6- It is morally or legally unacceptable for sovereign states or regional organizations to collude with attempts that seek to exonerate or give moratorium to criminals who committed the most heinous crimes in the history of humanity and absolve them or delay their trial.

7- The two movements, in spite of their unwavering commitment to peace and peaceful resolution of the conflict and respect to all the agreements signed with the regime, view the issue of trial of the perpetrators as the foremost priority in resolving the conflict in Darfur especially after they have been named. The proceedings for their trial must commence before resumption of any negotiations (justice before peace).

8- In the light of the above, it is the view of the movements that negotiations in a situation where criminals go Scot free really constitute a challenge and provocation to the victims (especially when they have been identified by name). Peace only becomes necessary with those with clean hands, not with criminals.

9- In response to and in accordance with the wishes of the victims and abused masses of the people of Darfur, the two movements resolved to resume the negotiations only after the apprehension and trial of the criminals in an international court or tribunal.

All the best.

Sudan Liberation Movement/Army Justice and Equality Movement
(SLM/A) (JEM)

Asmara,
10 March 10, 2005

CC: Secretary General of the United Nations