YouSaid · the spoken record
Bensouda
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- 2012-11-07
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- 2021-06-09
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“It merely takes the trinity of courage, leadership and genuine conviction in higher ideals. I cannot underscore enough the important role of the Security Council in the fight against impunity for atrocity crimes in close cooperation with the ICC, I can only encourage continued engagement and cooperation between the two institutions, which is so crucial to a rules-based international system and the cause of the peaceful settlement of disputes. I wish the Security Council continued success with this critical mission and this honourable duty that it has.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“It has certainly not been easy, but, with the support of the Council, we have stayed the course and have tried to bring to life the goals and the values of the Rome Statute. I have indeed come to the end of my mandate with the International Criminal Court (ICC) and, as the saying goes, I gave it my best shot, empowered by my dedicated team across my Office. I take this opportunity to salute them. Where I may have fallen short, I can assure Council members that it was not for lack of trying. The work of the Office on behalf of international justice and, by extension, sustainable peace will continue without pause. Led by my sense of duty and ideal pragmatism, I truly believe that, together with the support of the international community and this organ, a more secure and just world, a just future for all is attainable.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“Ms. Bensouda: I just want to take the floor for a moment to thank Their Excellencies for their kind commendations, as well as their kind expressions of support for the work of my Office continuing. As Prosecutor, I am not accustomed to having the last word, but I appreciate the kind gesture in this being my last briefing to the Security Council. I will not impose on the precious time of the Council and the tasking schedules of the representatives who are here, but I would be remiss if I did not take the floor only to once again briefly express my sincere gratitude for their support and for their kind was bidding farewell and recognizing my work and that of my able team at the Office over the past nine years.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“Let us remain principled, vigilant and consistent in the service of the Rome Statute and the founding principles of the Charter of the United Nations. I am grateful, as always, for the Council’s support and for this opportunity.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“I trust that the recent progress in the Darfur situation, after so many years of shattered promises and disappointment, will serve as a beacon of hope to the victims of atrocity crimes in other countries as well. Although the journey towards justice may be long and the path uncertain, I remain confident that the Office will never waver in its dedication to investigating and prosecuting these crimes without fear or favour, as it must. I hope and count on the Council’s crucial support as my Office and I discharge our crucial mandates. I often state that the creation of the ICC must surely be one of humankind’s proudest moments because it represents an awakening rooted in great human suffering throughout the ages, culminating in the recognition that lawless wars and conflict must no longer get a pass to cause human carnage.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“The referral of the Darfur situation to the Office in 2005, the first of its kind, was a landmark development in the fight to end impunity for perpetrators of atrocity crimes. At the time of the referral, the Council emphasized the need for the international community to promote healing and reconciliation by encouraging the creation of institutions and commissions involving all sectors of Sudanese society in order to complement judicial processes. The support of all States Members of the United Nations in restoring and maintaining lasting peace in the Sudan by promoting the rule of law and protecting human rights remains as important today as it was 16 years ago.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“Karim Khan, under whose capable leadership I believe the team and the Office will continue to progressively advance the cause of justice for Darfur victims and beyond. The Council’s support for him and the Office will continue to be critical for the success of the Court as he navigates the challenging mandate of the Rome Statute during these trying times of COVID-19 and the ever-increasing disparity between the existing allocation of resources and the disproportionately high workload of the Office. I conclude my last briefing to the Security Council by once again paying homage to the paramount interest of the victims in Darfur, many of whom I met this past week, for continuing to have faith in the Office as it finally took a small but important step towards achieving justice for the crimes committed against them.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“That help is appreciated, and I trust that it will continue to be extended to the Office and my successor. The successes we have recorded so far would also not have been possible without the support of our civil society partners, with which we have collaborated over the years. The Office is thankful for their support. On my own behalf, on behalf of the Darfur team and on behalf of the rest of the Office that I have had the privilege to lead for the past nine years, we thank one and all for their contributions to the work of the ICC. I am honoured to have been able to address the Council these past nine years in my capacity as Prosecutor. The time has now come for me to pass the baton to my successor, Mr.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“The violence against IDPs — and in particular women, girls and children — must stop. I call on the members of the Council and other regional partners to continue to do everything within their power to help the Sudan break this troubling cycle of violence. Over the past months, as the Office intensified its efforts to constructively engage with the Government of the Sudan, we received and relied upon the invaluable support of many European countries, some of which are present in the Council today, through their embassies in Khartoum. We are most grateful for that assistance. Both States parties and non-States parties in and outside the Council have also been instrumental in assisting and contributing to our efforts to build relations with the Sudan.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“It is worth noting, regrettably, that the security situation in some areas of Darfur remains volatile, as further confirmed by the accounts of families of victims I engaged with during my visit to Darfur. Tribal fighting and armed clashes between Government forces and armed rebel groups have continued to contribute to large-scale displacement and deaths. I am particularly dismayed about reports indicating an increase in incidents of sexual and gender-based violence against women and girls, especially internally displaced persons. We should all denounce these despicable crimes and remind the competent Sudanese authorities of their primary obligation to investigate and prosecute such acts. Justice and accountability in the Sudan, including Darfur, cannot be achieved without maintaining security and stability for vulnerable communities.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“During the hearing, the Office presented evidence in order to demonstrate that there are substantial grounds to believe that Mr. Abd-Al-Rahman was responsible for all 31 counts charged in relation to crimes alleged to have been committed in Kodoom, Bindisi, Mukjar, Deleig and surrounding areas between August 2003 and March 2004. Having worked on this situation since 2005, it was gratifying for me, my team and above all, Darfur victims, to finally see one of the Darfur suspects in the dock to answer for his alleged crimes. I extend my gratitude to the Darfur team for making that happen despite severe resources constraints and restrictions related to the coronavirus disease (COVID-19) pandemic.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“More work remains to be done in that regard and the Office will coordinate with the Registry’s outreach section to devise strategies on how best to reach out to the affected communities and explain the work of the Court. Let me highlight some of the significant developments regarding the Darfur situation. Exactly one year ago today, Mr. Abd-Al-Rahman, also known as Ali Kushayb, was transferred to the custody of the Court in the midst of a global pandemic, no less. On the anniversary of that occasion, Mr. Abd-Al-Rahman’s surrender continues to serve as a reminder that the Office will not be deterred from its mission to bring the alleged perpetrators of atrocity crimes to justice. Between 24 and 26 May, the Pre-Trial Chamber II convened the confirmation of charges hearing for Mr. Abd-Al-Rahman.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“The authorities described the consequences of the conflict in Darfur on the communities and the fragility of the social fabric, acknowledging the ongoing suffering of their people and recognizing the importance of justice and accountability. They all pledged to cooperate and support the Office, as well as the Court, in pursuit of justice for the people of Darfur. Affected communities were urged to trust and fully engage with the investigators, who will be travelling to Darfur in the near future, and to report any incidents of threats or intimidation. The visit to Darfur also provided a unique opportunity to manage victims’ expectations and explain what the ICC is capable of, what it does and what it cannot do.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“I appeal to the Council to prevail upon the Sudan to immediately honour Mr. Harun’s wish and facilitate his transfer to the ICC without delay. Mr. Abdallah Banda Abakaer Nourain, for his part, is a fugitive from the Court and his exact whereabouts are unknown. I call on him to surrender immediately to the Court. Additionally, the Sudan has to fully cooperate with the Office’s investigations, including by providing unhindered access to its territory and to the relevant records, information and materials, as well as the protection of witnesses. The Council may also benefit from knowing that my meetings with the Walis, or Governors, of the three states I visited were very productive.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“The Sudan is under a legal obligation to surrender the suspects pursuant to resolution 1593 (2005). The Juba Peace Agreement also makes it clear that all suspects must appear before the ICC and that the Sudan should fully cooperate with the ICC in its investigation and prosecution of those suspects. The Sudan has to tangibly demonstrate that the new Sudan is now a fully-fledged member of the international community that has joined the fight against impunity and is fully committed to justice and the rule of law. Almost all the suspects are in the custody of the Government of the Sudan and there is no legal impediment to their surrender to the ICC. In particular, credible reports and other information indicate that Mr. Harun has expressed his wish to be transferred to the ICC.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“In particular, I have stressed the urgent need for Mr. Harun to be transferred into ICC custody as a matter of priority. In that regard, I recalled that both Mr. Ali Muhammad Ali Abd-Al-Rahman, also known as Ali Kushayb, and Mr. Ahmad Muhammad Harun were jointly charged with many of the same crimes in respect of the underlying incidents and that their cases were separated because Mr. Abd-Al-Rahman voluntarily surrendered himself to the ICC. Even though Mr. Abd-Al-Rahman’s confirmation of charges hearing took place from 24 to 26 May, there is still a window of opportunity to rejoin the cases at trial if Mr Harun is surrendered to the ICC now. In addition to ensuring efficiencies and judicial economy, rejoining the cases at trial would obviate the retraumatization of witnesses who would have to be called twice to testify before the Court.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“We are all aware that the transition in the Sudan is still in its infancy and needs nurturing to mature. We must therefore not be lulled into a false sense of security. Today, peace and justice continue to elude the people of Darfur. They continue to suffer in internally displaced persons camps and, for them, accountability remains critical for lasting peace in the Darfur region. The clear and consistent message I received from Darfur victims in El Fasher, Nyala and Zalingei is that the four outstanding warrants must be executed and that suspects must be handed over to the ICC. I have communicated and stressed that message in my interactions with Government of the Sudan officials at all levels, including the Chairperson of the Sovereignty Council and the Prime Minister, as well as other members of the Sovereignty Council, during my visit.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“I would also be remiss if I failed to acknowledge the timely and effective operational and logistical support provided by the United Nations through its different entities and agencies. Their support was crucial to the success of the mission. Without that necessary support, it would not have been possible for me and my delegation to travel to different regions of Darfur and directly engage with victims. I am confident that the authorities and the United Nations and its entities will continue to extend the same excellent cooperation and support to my successor as the Office expands its investigations on the ground in Darfur. Even as we applaud the new era of the Sudan, we are reminded that the road ahead remains long and fraught with dangers.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“The old days of hostilities and non-cooperation have been replaced by constructive dialogue and a good spirit of cooperation. Following the conclusion of a memorandum of understanding between my Office and the Government of the Sudan on 14 February, my team of investigators has undertaken investigative activities in the Sudan and has begun to prepare to go to Darfur soon. It has constructively engaged with relevant Government ministries, including the Office of the Attorney-General. My recent visit to Darfur would not have been possible without the assistance and cooperation of the Government of the Sudan, including various ministries and local governors. I am grateful for all the support extended to me and my delegation and the effective facilitation of my visit.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“Addressing those issues will require not only the restoration of trust between Government authorities at all levels and the people of Darfur, but also the resolution of the root causes of the issues that have bedevilled the region over the years, as well as the support of the international community. The Darfur victims continue to place their hope in us. We must heed their clarion call for the surrender of those wanted by the ICC to face independent, impartial and fair judicial processes that respect all their rights, inasmuch as the alleged perpetrators themselves denied the people of Darfur their rights over the years. I am pleased to report that the ICC and the Government of the Sudan have turned a new page in their relationship.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“That first-ever visit of the ICC to Darfur — over 15 years since the Council referred the Darfur situation to my Office — has rekindled the hope of resolution 1593 (2005). We cannot allow that rekindled light to be extinguished again through our inaction or half- hearted, ineffective action. The simple things in life that we take for granted are what the Darfur victims continue to yearn for, namely, peace and security, food, water, health, education for their children and to return to their homes. They want an end to the deadly violence; they want the disarmament of militias and compensation for their long years of suffering. The withdrawal of the African Union-United Nations Hybrid Operation in Darfur seems to have created a vacuum that still needs to be filled.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“Witnessing countless women, men and children lined up in the dusty streets in the blazing hot sun to welcome me and my delegation, calling for justice and the surrender of those indicted by the ICC, was one of the most moving and humbling experiences of my life. The images of this visit will remain written in indelible ink in my memory. For those who saw those images, I hope they serve as a strong reminder that we should stay focussed on achieving justice for the victims and finding lasting peace for the people of Darfur. The reality of Darfur victims hit me even harder as I engaged with victims, leaders of internally displaced persons (IDP) and local officials and listened to victims’ harrowing stories of the brutality they had endured and the inhumane conditions under which they continue to live.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“The developments in the Sudan amply demonstrate that the arm of justice is long and patient; that justice may be delayed by those who stand in its way, but justice has more durability than the politics of a few whose aim is to shield culpability. Justice and the voice of the people and the wronged ultimately prevail. My historic visit to Darfur last week opened my eyes even more to the reality of what we and the people of Darfur have been fighting for over the years. Indeed, the visit was a vivid reminder of the raison d’être of this institution, the ICC, which I have had the privilege to serve with honour, dedication and integrity for almost two decades.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“They rallied behind us during our briefings, attentively following and clinging to every word that gave them a glimmer of hope that they too might one day benefit from the protective embrace of the law and justice duly administered for the wrongs they have endured. Today, as I bid the Security Council farewell, I salute the women, men, children and all Darfur victims for their courage, patience, resilience, perseverance and unrelenting belief in the course of justice. My heartfelt thanks go to them for their support even in the face of great adversity. I stand at this meeting today in solidarity with them.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“Yet, with the support of many Council members, and civil society, we stood firm and resolute and held to our conviction that our actions and decisions in Darfur, and indeed everywhere else, were guided by nothing but the law, the facts and the search for truth and justice in strict adherence to the cardinal principles of independence, impartiality and fairness. We found strength in the plight of victims and courage in the truth of our convictions and the righteousness of our cause. Through it all, Darfur victims never gave up hope. They stood shoulder to shoulder with the Office and urged us on, providing critical evidence even as we investigated Darfur without being able to go to Darfur.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“I recall the number of times that I pleaded with the Assembly of States Parties to allocate sufficient resources to effectively investigate the situation in Darfur. I can recall the number of times that the Office and I were ridiculed and labelled as biased and that it was said that our investigations were targeted to specific individuals. There were many who told us that we should stop metaphorically banging our heads against the wall and that we should forget about Darfur and move on. Indeed, as I give this last briefing on Darfur, I am reminded of the calls for mass withdrawal, from certain quarters, and threats to the very existence of the only institution that promised hope to Darfur victims and so many others.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“The situation in Darfur is a clear demonstration of how the framers of the Rome Statute system envisaged the ICC and the Security Council working together towards the twin goals of justice and peace. When the Council referred the Darfur situation to the ICC, in March 2005, it brought hope to victims of atrocity crimes in Darfur by sending a clear message that justice was not only important in its own right, but also had a multiplier effect on achieving sustainable peace in Darfur. Over the years since the referral, that hope has seen its ups and downs, but the people of Darfur never gave up. I recall the countless times that I appealed for help from the Council for investigations in Darfur.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“Ms. Bensouda: Allow me at the outset to congratulate Estonia for holding the presidency of the Security Council during the month of June. I wish you, Mr. President, continued success in presiding over the crucial work of this body. This is my final briefing before the Council in my capacity as the Prosecutor of the International Criminal Court (ICC). It has been an honour and a privilege to serve in that capacity and to work with the Security Council over the years. Notwithstanding the challenges, together we have forged ahead as we carried out our respective mutually reinforcing, but independent, mandates in the pursuit of accountability for atrocity crimes and of peace and security.”
2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source
“As has been most eloquently said in some timeless words, "The are of the moral universe is long, but it bends towards justice." We must seize the opportunity now to take concrete steps to end impunity for the alleged crimes in Darfur. Before the Council and the representatives of the Sudan here today, I reiterate my Office's willingness to engage in dialogue and cooperation with the Sudan so that justice can finally be served for the victims of atrocity crimes in Darfur, either in a Sudanese court or before the ICC.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“Now a principled caucus must rally to strongly support and encourage the Sudan in its pursuit ofjustice in Darfur. In response to the special report on UNAMID, the representative of the Sudan told the Council on 17 October that the Sudan of today is totally unlike the Sudan the Security Council has come to know over the past three decades. Those are promising words that must be translated into action. I now invite the Sudan, with the support of the Council, and all stakeholders in the Darfur situation to work with my Office and in doing so demonstrate that the Sudan of today is unambiguously committed to achieving long-awaited justice for the victims in Darfur.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“I am humbled and inspired by their strength, courage and determination. I will finish where I began, with a request for the reinvigorated support and engagement of the Sudan and the Council in the Darfur situation. The Sudan continues on its extraordinary journey. Its publicly stated commitments to international law and international human rights and justice have created a renewed expectation for accountability in the Darfur situation. The Sudan is now on a path towards greater peace and stability. If that can be achieved, justice for the victims will be essential to a comprehensive and enduring peace in Darfur. In its transition process, the Sudan has benefited from the support of the Council and the United Nations system, the African Union and multiple States and regional organizations.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“It is time to embark on a new chapter in the relationship between the Sudan and my Office rooted in a commitment to finally bring those most responsible for the atrocity crimes perpetrated against the people of Darfur to justice. My Office is ready and willing to do so, and we hope that our hand extended in cooperation in the pursuit of justice is met favourably by the new authorities in the Sudan. My Office also continues to benefit from essential support provided by various organizations and individuals committed to the cause ofjustice in Darfur. I particularly want to express my sincere and heartfelt appreciation to Darfur's victims' groups, in which many courageous women and men work tirelessly to ensure that justice in the Darfur situation remains a critical issue in the Sudan's transition.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“Banda's arrest warrant has not been executed, and he remains a fugitive from the Court. Following that status conference, the Chamber made a number of requests, including for submissions from the Prosecution and the defence on their respective positions on trials in absentia in the specific circumstances of Mr. Banda's case. Those confidential submissions were filed on 13 December, and the parties now await further direction from the Chamber. It would be remiss of me not to express my sincere gratitude for the principled support and cooperation that my Office continues to receive from a number of States. I particularly welcome the public statements that members of the Council have made to encourage the Sudan to cooperate with my Office.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“As those present will recall, those Government forces were allegedly made up of the RSF, whose members include former Janjaweed militias linked to systematic human rights abuses in the Darfur region between 2003 and 2008. The new Administration has since created a commission of inquiry to investigate human rights violations that occurred in the course of those attacks. I sincerely hope that this investigation will be conducted in an independent, impartial and fair manner by the competent domestic authorities. In relation to the recent judicial activities, on 30 October a confidential status conference was held by the Trial Chamber in Mr. Abdallah Banda's case. Its purpose was to discuss the status of the case and the way forward to ensure Mr. Banda's appearance at trial. As I mentioned, Mr.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“That disturbing incident closely followed the RSF's alleged seizure of UNAMID facilities that I mentioned to the Council earlier this year (see S/PV.8554). I am pleased to note that UNAMID now reports that the Sudanese authorities have provided assurances that those facilities will be handed over to the Darfur state for the purposes of health, education and other services. It is with those essential human rights monitoring functions in mind that I commend the Council on its adoption of resolution 2495 (2019), extending the mandate of UNAMID until 31 October 2020. In my statement before the Council in June, I also expressed deep concern regarding the alleged attacks by Government forces on peaceful protesters in Khartoum on 3 June.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“I am deeply troubled by the fact that sexual and gender-based violence, as well as grave violations against children, have persisted in Darfur throughout this ongoing armed conflict. Since June, UNAMID has reported sexual and gender-based violence against 17 victims, including seven minors, and grave violations against 84 children, including 35 girls. Although UNAMID has identified the perpetrators of those atrocities as mostly SLA/AW fighters, they have also noted violations by the Rapid Support Forces (RSF), among other groups. Additionally, in July UNAMID reported that SLA/AW elements were responsible for the temporary abduction of several local and international staff members from international non-governmental organizations around G010 and Jebel Marra, and the looting of critical humanitarian equipment.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“In addition, my team continues to monitor events in Darfur, and when circumstances require, I will investigate and, where appropriate, prosecute those most responsible for crimes in Darfur that fall within the Court's jurisdiction. Clashes between Government forces and the Sudan Liberation Army-Abdul Wahid (SLA/AW) have reportedly continued in the Jebel Marra area, resulting in approximately 60 civilian casualties. Unfortunately, that fighting has also led to the displacement of more than 2,300 people in Darfur, mostly women and children, and has exacerbated the already unstable living conditions in camps for nearly 2 million internally displaced persons in the region.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“The Sudan has a legal duty to cooperate with my Office, pursuant to resolution 1593 (2005) and the jurisprudence of the Appeals Chamber of the ICC. Cooperation with the ICC would clearly demonstrate to the Council and the international community writ large that the Sudan is committed to achievingjustice for the victims in the Darfur situation and that it has followed through on its declared commitments and assurances with visible and practical steps. Despite the positive developments in the Sudan, including in relation to the peace process, crimes in Darfur regrettably continue. They must stop. The Darfur situation remains a priority for my Office, and I am pleased to report that substantial progress was made in the investigations during the reporting period.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“Respect for international human rights and the basic rights of Sudanese citizens must include a willingness to ensure accountability for the gross human rights violations against Sudanese Darfuri citizens, as alleged in the ICC arrest warrants. The Sudan now has the opportunity to demonstrate that commitment to international law and respect for international human rights by complying with its obligations arising from resolution 1593 (2005) and working with my Office. I have consistently emphasized that this cooperation is crucial to the Office's independent and impartial investigations in the Darfur situation. In that regard, it is my sincere hope that in the near future, my Office will be granted access to the Sudan to facilitate our work and discuss the way forward.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“On 17 October, in response to the special report of the Chairperson of the African Union Commission and the Secretary-General of the United Nations on the strategic assessment of the African Union-United Nations Hybrid Operation in Darfur (UNAMID) (8/2019/816), the representative of the Sudan told the Council (see S/PV.8643) that the Sudan is a new country that seeks to join the international community as a peace-loving member that seeks international cooperation, is committed to international law and respects the basic rights of its citizens. A commitment to international law must include the Sudan's duties under the Charter of the United Nations, pursuant to which the Sudan is bound by the Council's decisions, including its decision to refer the Darfur situation to the ICC.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“Since then I have been encouraged by public statements made by high-level Sudanese officials, which have indicated a clear commitment to accountability in the Sudan. Notably, Prime Minister Hamdok declared before the General Assembly on 27 September (see A/74/PV.10) that the Sudan is determined to uphold its commitment to the principles of international law, international human rights, as well as to the efforts aimed at eradicating all forms of discrimination, exploitation, injustice and inequality. In early November, the Prime Minister reportedly visited Darfur, including camps for internally displaced persons where Darfuris reportedly appealed for justice.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“Unless and until the Sudan can demonstrate to the ICC judges that it is willing and able to genuinely investigate and prosecute the Darfur suspects for the crimes alleged in their respective arrest warrants, those cases will remain admissible before the ICC. The Sudan must ensure that the five ICC suspects in the Darfur situation are brought to justice without undue delay, in a courtroom either in the Sudan or in The Hague. In that way, the Council's referral of the Darfur situation to my Office can finally yield tangible results in court for the victims the Council sought to protect, and progress can be made towards resolving the Council's referral of the Darfur situation to the ICC. In June I made it clear that my Office is ready to engage with the Sudan.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“While that position is entirely consistent with the Rome Statute, the principle of complementarity ensures that, while States have the primary responsibility for bringing perpetrators to justice, the ICC's jurisdiction is engaged if States are inactive or otherwise unwilling or unable to genuinely exercise that duty. With that in mind, in the present circumstances, notwithstanding recent media reports in relation to Mr. Al-Bashir, the Office is not aware of any concrete information suggesting that the suspects in the Darfur situation are currently subject to domestic investigation or prosecution for the same criminal conduct alleged in the relevant ICC arrest warrants.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“In my last report to the Council, I emphasized that, pursuant to the fundamental principle of complementarity enshrined in the Rome Statute, the primary responsibility to investigate and prosecute crimes rests with national criminal jurisdictions. In response, the representative of the Sudan noted the reference to complementarity, describing it as "positive". I was encouraged by the fact that he also emphasized that "fighting impunity is a noble cause ofjustice" and that this "falls primarily within the responsibility of the relevant national investigative and judicial institutions".”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“In response to my last report to the Council, the representative of the Sudan confirmed that investigations by the Sudanese public prosecutor were ongoing in relation to Mr. Omer Al-Bashir, Mr. Abdel Raheem Hussein and Mr. Ahmad Harun. All are believed to be in detention in Khartoum. The exact whereabouts of the remaining two Darfur suspects, Mr. Ali Kushayb and Mr. Abdallah Banda, are unknown. Mr. Al-Bashir has been tried in the Sudan for financial crimes. Last week, on 14 December, he was reportedly sentenced to two years in detention. A statement issued by the Sudan's public prosecutor shortly after the verdict indicated that a number of other cases are pending against Mr. Al-Bashir, including in relation to the 1989 coup that brought him to power and crimes against humanity in Darfur.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“Foremost among these is the Juba Declaration for Confidence-building Procedures and the Preparation for Negotiation, signed on 11 September by the Sovereign Council and a coalition of armed groups across the Sudan, including in Darfur. The Declaration sets out a comprehensive road map for peace across the Sudan, with the ultimate aim of a national peace agreement. Given the correlation between peace, stability and the prevention of atrocity crimes, it is essential that all sides commit to this initiative and that the ongoing crimes in Darfur stop. As the Council is aware, there are ICC arrest warrants for the five suspects in the Darfur situation, and each of these remains in force, notwithstanding the ongoing developments in the Sudan.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“Today, emboldened by the events over the past six months, I repeat those messages, with greater confidence that the Sudan will honour its commitments to deliver justice for the victims in the Darfur situation. Over the past six months, the Sudan's extraordinary transition has continued. On 17 August, the Constitutional Declaration, which sets out a political framework for the following 39 months, was signed by the Transitional Military Council and the Forces for Freedom and Change. On 21 August, the new Sovereign Council, composed of six civilians and five military personnel, was sworn in. Shortly thereafter, a new Cabinet was inaugurated, led by Prime Minister Abdalla Hamdok. Those political changes have already yielded a number of positive developments in relation to the Darfur situation.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“Ms. Bensouda: I thank you, Mr. President, for this opportunity to present my Office's thirtieth report on the Darfur situation, pursuant to resolution 1593 (2005). In June, when I last briefed the Council (see S/PV.8554), I emphasized that the recent events in the Sudan presented a unique opportunity to ensure that the suspects against whom warrants of arrest had been issued by the International Criminal Court (ICC) in the Darfur situation finally faced justice in a court of law. I urged the authorities in the Sudan and the Council to seize that opportunity. I also expressed my hope that the Sudan would begin a new era of cooperation with my Office and, more generally, the Court.”
2019-12-18 · UN Security Council · Security Council, S/PV.8691 (2019) · source
“The Council, as well as State and non-State parties, is once again urged to provide full support to the ICC with a view to achieving its mandate in Libya and in order to break the cycle of impunity. It will soon be a decade since the Council referred the situation in Libya to my Office. The people of Libya deserve peace and stability. Bringing to justice those responsible for war crimes and crimes against humanity facilitates that coveted outcome.”
2019-11-06 · UN Security Council · Security Council, S/PV.8660 (2019) · source
“I reiterate my call to General Haftar and those working with him to facilitate the arrest and surrender to the ICC of Mr. Al-Werfalli without further delay, so that he can answer for his crimes in a court of law and in order for the truth to be established. I call on all States to do everything in their power to ensure the surrender to the Court of all three Libyan fugitives. I also call on all parties to immediately cease all indiscriminate attacks and to comply with their duties under international humanitarian law. Libya will continue to be a priority situation for my Office in 2020. I remain committed to fulfilling my mandate with the aim of holding to account those responsible for the most serious crimes of international concern.”
2019-11-06 · UN Security Council · Security Council, S/PV.8660 (2019) · source