Note: A complete summary of today’s Security Council meeting on Sudan will be made available after its conclusion.
Briefing
KARIM KHAN, Prosecutor of the International Criminal Court, said that the fighting that began on 15 April between the Rapid Support Forces and the Sudanese armed forces in Khartoum has quickly spread to Darfur. “We now are in peril of allowing history to repeat itself, yet again, before our eyes,” he observed, adding: “We are not on the precipice of a human rights catastrophe, we are in the midst of one.” Against that backdrop, he said that the mandate of the Prosecutor’s Office, pursuant to Council resolution 1593 (2005), is ongoing with respect to any alleged violations of international humanitarian law that fall within the Court’s jurisdiction. As part of its investigations, the Court is closely tracking reports of extrajudicial killings, the burning of homes and markets and looting in West Darfur, as well as the killing and displacement of civilians in North Darfur.
The Office will soon deploy an investigative team to countries neighbouring Sudan to collect testimonial and other forms of evidence from those who have fled the violence, he continued. It is also launching a public campaign to solicit information about crimes allegedly committed in Darfur from 2002 up to, and including, the current hostilities. The Office has established a new, secure portal to receive this information, which may be provided on an anonymous basis. Stating that the present outcome has been staring at the international community and the people of Darfur for a long time, he said that, now, “the question is what are we going to do about it”.
On that, he underscored that the disregard of promises made to the Sudanese people through the unfulfilled Juba Peace Agreement, the neglect of commitments made to the Court, the failure to meet international legal obligations and the absence of any meaningful justice in Sudan for the serious crimes committed in Darfur 20 years ago have sown the seeds for this latest cycle of violence and suffering. For its part, the Prosecutor’s Office remains open to engage with all actors and has reached out to leadership on all sides. In so doing, however, it maintains two key conditions for engagement: that those involved in hostilities recognize and uphold their obligations under international humanitarian law, and that they extend genuine communication and cooperation to the Office – both for current hostilities and for previous crimes committed in Darfur.
Urging observers to hold on to the hope that justice and accountability in Darfur is possible, he pointed to the Court’s recent trial of Ali Abd-al-Rahman, senior Janjaweed leader, with the prosecution closing its case after presenting the evidence of 81 witnesses. This first trial regarding the situation in Darfur is a key milestone. “This hope was also reflected in the voices of those who were able to provide testimony,” he said. The Prosecutor’s Office is committed to helping the Court ensure that this trial maintains momentum, reaches a just conclusion and lets people in Darfur see that justice can be delivered. Underlining the message he has given the Council since his first briefing on Darfur, he said that he did not want any investigation by the Prosecutor’s Office to be a never-ending story. “If we fail to deliver here, this calls into question the relevance of the Council,” he added.
Statements
SHINO MITSUKO (Japan), affirming support for the International Criminal Court, voiced concern over the continued hostilities that have impacted the ability of the Prosecutor’s Office to implement its mandate in Sudan. Widespread war crimes and crimes against humanity are reportedly happening again, and three major fugitives detained in Khartoum – who are subject to warrants issued by the Court – were released from prison after the outbreak of fighting. Japan urges all parties in Sudan to immediately cease fighting and to respect the process of justice and the rule of law in the political process. “As the Court emphasizes in its report, the impact of law must be felt in real time,” she stressed. Noting progress made by the Court in its investigations despite challenges, she spotlighted the trial of Ali Abd-al-Rahman – the first-ever case from a Security Council referral – which featured the participation of victims’ representatives.
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