YouSaid · the spoken record

Bensouda

lines on the record: 546
first: 2012-11-07
most recent: 2021-06-09
sittings or episodes: 32
sources: un-security-council

Every line below is reproduced as it was said and linked to the record it came from. Nothing here is summarised or generated. Directory · Search · Corrections

“I remain hopeful that the constructive dialogue and proposals at that meeting will provide further momentum that results in concrete action being taken by the Council on this issue. As we are all aware, in resolution 1593 (2005) the Council decided that the Government of the Sudan and all other parties to the conflict in Darfur shall cooperate fully with, and provide any necessary assistance to, the Court and my Office. Yet the Government of the Sudan continues to completely disregard the Council's demand for such cooperation. On the occasion of my previous report to the Council I repeated my offer to the Government of the Sudan to engage in dialogue in relation to the situation in Darfur, including with respect to the issue of the surrender of the Darfur suspects to the Court.”
2018-12-14 · UN Security Council · Security Council, S/PV.8425 (2018) · source
“That timely meeting was helpfully co-sponsored and organized by ICC States parties that are members of the Council, and I take this opportunity to once again express my appreciation to them for the initiative. The meeting provided a unique opportunity for the President of the Assembly of States parties, Council members, State representatives, civil society and my Office, among others, to exchange views on how to further enhance coordination and synergies between the Council and the Court. Notably, numerous participants at that meeting expressed concern about the Council's failure to act in instances in which a State is referred to the Council pursuant to a finding of non-compliance by the Court. Several participants proposed concrete, entirely workable measures that the Council could adopt.”
2018-12-14 · UN Security Council · Security Council, S/PV.8425 (2018) · source
“Yet again my Office calls on the Council to take meaningful action to give effect to non-compliance referrals by the Court. My Office took note of the declaration of 9 July by the High Representative of the European Union, which called on all United Nations Member States to abide by and to implement the resolutions adopted by the Council, notably resolution 1593 (2005). I remain grateful for the principled support of members of the Council, international and regional organizations and, indeed, all States that support the work of my Office in the Darfur situation. In that regard, I was particularly encouraged by the recent Arria Formula meeting on the relationship between the Court and the Council convened on 6 July.”
2018-12-14 · UN Security Council · Security Council, S/PV.8425 (2018) · source
“Al-Bashir continued to travel internationally, including to Djibouti and Uganda in July. Both those States parties were previously referred to the Assembly of States Parties and to the Security Council for their failure to arrest and surrender Mr. Al-Bashir to the Court while on previous trips to their territory in 2016. No action was taken by the Council in relation to those or, indeed, any other referrals. It is therefore not surprising that States parties to the Rome Statute, such as Djibouti and Uganda, continue to host ICC suspects on their territory in blatant violation of the Court's findings. In the absence of any meaningful consequences for such instances of non-compliance, we are unlikely to see a change in such regrettable patterns. That status quo is hardly conducive to advancing the cause of justice in Darfur.”
2018-12-14 · UN Security Council · Security Council, S/PV.8425 (2018) · source
“As the Council is aware, Jordan appealed that decision, which resulted in extensive litigation during the reporting period. That involved multiple written briefs and culminated in a five-day hearing before the Court's Appeals Chamber, from 10 to 14 September earlier this year. The issues focused on Head of State immunity, resolution 1593 (2005) and the articles of the Rome Statute relating to cooperation, consultations with the Court and the waiver of immunity. In the course of that process, multiple legal submissions were made, including by Jordan, the African Union, the League of Arab States, professors of international law and, of course, my Office. That comprehensive and inclusive legal process has now concluded. We await a final determination by the Appeals Chamber. During the reporting period, Mr.”
2018-12-14 · UN Security Council · Security Council, S/PV.8425 (2018) · source
“The Council is once again invited to urge the Government of the Sudan to cooperate with my Office in accordance with its own resolution. I now turn to the issue of cooperation more broadly. Regrettably, as I outline in my latest report, my Office continues to face multiple obstacles and impediments in relation to that issue. With regard to the arrest and surrender of the Darfur suspects, the Council will recall the litigation before the Appeals Chamber in relation to Jordan's failure to arrest and surrender Mr. Al-Bashir to the Court when he visited Jordan on 29 March 2017. Pre-Trial Chamber II found that Jordan had failed to comply with its obligations under the Statute and decided to refer Jordan to the Assembly of States Parties and the Security Council.”
2018-12-14 · UN Security Council · Security Council, S/PV.8425 (2018) · source
“My analysts will continue to assess allegations of current crimes in Darfur, not for the purpose of simply monitoring and reporting on the findings of others, as some assert, but rather to ensure that my Office is aware of allegations of ongoing grave crimes committed in Darfur and to feed that information into our ongoing assessment of the situation of which we are seized, as well as our independent investigations. We will continue to make use of reports from reliable entities and sources operating in Darfur. I wish to emphasize that, in direct contravention of resolution 1593 (2005), the Government of the Sudan continues its policy of antagonism and non-cooperation, effectively obstructing my Office's ability to conduct investigations on the ground in Darfur.”
2018-12-14 · UN Security Council · Security Council, S/PV.8425 (2018) · source
“Conflict between forces of the Government of the Sudan and the Sudan Liberation Army-Abdul Wahid also continues in the Jebel Marra area. My report refers to information from UNAMID about the destruction of villages and the killing, injury and displacement of civilians. I continue to be deeply concerned by reports of sexual and gender-based violence against women and girls in Darfur. In resolution 2429 (2018), the Council expressed concern that UNAMID is unable to access areas from which it has withdrawn. I call on the Government of the Sudan to respond affirmatively to the Council's request for UNAMID to have unfettered access throughout Darfur, not least because of the vital role that the UNAMID plays in monitoring and reporting violence against civilians in Darfur.”
2018-12-14 · UN Security Council · Security Council, S/PV.8425 (2018) · source
“My report notes the positive news that levels of violence against civilians in Darfur continued to decrease during the reporting period. Nevertheless, the impunity that resolution 1593 (2005) sought to end continues in Darfur; regrettably, so does the commission of serious crimes. Those ongoing crimes include attacks against personnel of the African Union-United Nations Hybrid Operation in Darfur (UNAMID). In resolution 2429 (2018) of 13 July, the Council condemned the ongoing impunity for those who attack peacekeepers and urged the Government of the Sudan to do its utmost to bring all perpetrators of such crimes to justice. More than 11 years after Mr. Banda's alleged crimes against African Union peacekeepers, it is a serious indictment of us all that crimes against peacekeeping personnel continue to be committed in Darfur.”
2018-12-14 · UN Security Council · Security Council, S/PV.8425 (2018) · source
“Those are crimes that rightly preoccupied and concerned the Security Council, resulting in the referral of the Darfur situation to my Office. Yet the alleged perpetrators of those crimes remain free, while the victims and affected communities continue to await justice. My Office's investigations in the Darfur situation continued throughout the current reporting period and significant progress was achieved. Notwithstanding the many challenges we face, my investigators remain dedicated to their mission and continue to identify leads and to interview new witnesses each month. The body of evidence is increasing, and my prosecution team continues to prepare in anticipation of future arrest warrants and the surrender of any of the Darfur suspects.”
2018-12-14 · UN Security Council · Security Council, S/PV.8425 (2018) · source
“At the request of my Office, the Pre-Trial Chambers of the Court issued multiple arrest warrants in the Darfur situation after independently assessing the evidence. Today, warrants remain outstanding for five persons, all of whom occupied positions of responsibility at the time of their alleged crimes, namely, officials of the Government of the Republic of the Sudan Mr. Omar Al-Bashir, Mr. Ahmad Harun and Mr. Abdel Hussein; militia leader Mr. Ali Kushayb; and rebel leader Mr. Abdallah Banda. Notably, several of those suspects continue to hold senior positions within the Government. Combined, those arrest warrants include over 60 counts of war crimes and over 50 counts of crimes against humanity. The alleged crimes include extermination, murder, rape, forcible transfer and torture.”
2018-12-14 · UN Security Council · Security Council, S/PV.8425 (2018) · source
“Following the adoption of resolution 1593 (2005), members of the Council made statements that noted allegations of grave crimes and highlighted the need to ensure accountability and justice in Darfur. The representative of Benin, for example, stressed the need to end the reign of impunity and to ensure credible and timely action against persons charged with atrocities and serious crimes. Some members of the Council also emphasized that the Council's support would be crucial to ensuring an effective outcome to the referral of the Darfur situation to my Office. Since the Darfur situation was referred to my Office, we have consistently striven to establish the truth and to secure justice for victims by pursuing accountability for the alleged perpetrators of crimes under the Rome Statute committed in Darfur.”
2018-12-14 · UN Security Council · Security Council, S/PV.8425 (2018) · source
“Ms. Bensouda: Let me begin by congratulating Cete d'Ivoire on presiding over the Council during the month of December. I wish you continued success in that important role, Sir. I thank you for the opportunity to present my twenty-eighth report on the situation in Darfur. Over 13 years ago, on 31 March 2005, at a meeting also attended by the late Secretary-General Kofi Annan (see S/PV.5158), members of the Council came together to adopt resolution 1593 (2005). The Council considered that the situation in the Sudan constituted a threat to international peace and security and decided to refer the situation in Darfur since 1 July 2002 to the Prosecutor of the International Criminal Court.”
2018-12-14 · UN Security Council · Security Council, S/PV.8425 (2018) · source
“Yet we have much work to do, and tangible support by that Council is vital to the realization of the ICC's full potential to address impunity for the world's most serious crimes. I look forward to effective support and concrete action from the Council to ensure that our separate, yet interlinked, mandates can positively contribute to the cause of peace, stability and justice in Libya.”
2018-11-02 · UN Security Council · Security Council, S/PV.8388 (2018) · source
“During my previous briefing, in May, many here today recognized the ICC's important work in tackling impunity for serious crimes of international concern and contributing to the maintenance of peace and security. A number of Council members offered their support and cooperation in relation to the arrest and surrender of individuals subject to ICC warrants of arrest. Those genuine expressions of support are very welcome. However, I respectfully submit that those words must be complemented by real action in support of the ICC. Approximately twenty years have passed since the Rome Statute was adopted. I continue to believe that the creation of the ICC must surely be one of humankind's proudest moments.”
2018-11-02 · UN Security Council · Security Council, S/PV.8388 (2018) · source
“The ICC seeks independent and impartial justice through individual criminal accountability for grave crimes that threaten the peace, security and well-being of the world, in an effort to end impunity and contribute to the prevention of such crimes. The primary responsibility of the Council is the maintenance of international peace and security. Our two institutions must therefore work together if we are to achieve our different, yet mutually reinforcing, mandates. I conclude by expressing my appreciation for the continued support members of the Council offer in relation to the difficult but essential work my Office carries out in connection with the Libya situation.”
2018-11-02 · UN Security Council · Security Council, S/PV.8388 (2018) · source
“Allow me to observe that I very much welcomed the convening of the first Arria Formula meeting on relations between the Council and the ICC, which was held in July on the eve of the twentieth anniversary of the adoption of the Rome Statute. Co-sponsored by the Kingdom of the Netherlands and other ICC State parties on the Council, the meeting provided a unique opportunity to reflect on the important relationship between my Office - and, more broadly, the Court - and the Council and to make proposals on ways to strengthen that relationship. I wish to reiterate my gratitude to all co-sponsoring States, the Council and all who contributed to those productive discussions.”
2018-11-02 · UN Security Council · Security Council, S/PV.8388 (2018) · source
“If ICC fugitives are permitted to remain at large, the mandate of the Court to hold those responsible for the most serious crimes of concern to the international community will continue to be frustrated and the Council's referral of the situation in Libya to the ICC will be rendered ineffective. My Office will continue to do its part pursuant to its obligations under the Rome Statute. The Council also bears a responsibility to support such work following its referral of the situation to the ICC. Moreover, States parties and non-States parties should take all the necessary steps to effect the arrest and surrender of those fugitives to the ICC. In the absence of effective accountability for atrocity crimes, impunity will continue to reign in Libya, causing greater suffering and instability.”
2018-11-02 · UN Security Council · Security Council, S/PV.8388 (2018) · source
“On 4 July, the Pre-Trial Chamber issued a second public warrant of arrest for Mr. Al-Werfalli for the alleged war crime of murder. Mr. Al-Werfalli is alleged to have committed war crimes. He must be apprehended and surrendered to the Court to answer those serious charges. The Court's legal proceedings will afford him, as for every ICC suspect, all due process rights guaranteed under the Rome Statute. Information obtained through our ongoing investigations indicates that Mr. Al-Qadhafi and Mr. Al-Werfalli are in Libya, while Mr. Al-Tuhamy is outside Libya.”
2018-11-02 · UN Security Council · Security Council, S/PV.8388 (2018) · source
“Mahmoud Mustafa Busayf Al-Werfalli, a commander in the Al-Saiqa Brigade operating in and around Benghazi, the Council will recall that, on 15 August 2017, the Pre-Trial Chamber of the Court issued an arrest warrant against him, having found reasonable grounds to believe that he is criminally responsible for seven execution incidents resulting in the murder of 33 individuals. Mr. Al-Werfalli is yet another ICC suspect not yet arrested and surrendered to the Court. Furthermore, despite repeated claims by the Libyan National Army that Mr. Al-Werfalli had been arrested and is being investigated, he is alleged to have murdered an additional 10 people earlier this year, on 24 January, in Benghazi, I reacted by filing a second application under seal for a warrant of arrest for Mr. Al-Werfalli in connection with that alleged execution.”
2018-11-02 · UN Security Council · Security Council, S/PV.8388 (2018) · source
“Al-Tuhamy Mohamed Khaled, former head of the Libyan Internal Security Agency, the Council will recall that, in April 2017, upon my request, the Pre-Trial Chamber made public a warrant originally issued under seal in April 2013. While under seal, the warrant remained unexecuted for more than four years, despite diligent efforts by the Registry and my Office. I hoped that unsealing the warrant of arrest could facilitate Mr. Al-Tuhamy's arrest and surrender to the Court. It is deeply regrettable that Mr. Al-Tuhamy remains at large. Concerning the case of Mr.”
2018-11-02 · UN Security Council · Security Council, S/PV.8388 (2018) · source
“As members are aware, within the Rome Statute system of international criminal justice, the arrest and surrender of ICC suspects remains one of the most challenging issues for my Office and the ICC as a whole. There can be no justice for the victims, and the aims of prevention and deterrence are hindered, unless ICC suspects are arrested and transferred to the Court to stand trial. Contrary to the urging of members of the Council, and despite concerted efforts by my Office and the Registry of the Court, not one suspect in the Libya situation has been surrendered to the ICC. Mr. Al-Qadhafi is at large and, despite his self- claimed release from custody over two years ago, he has shown no intention of surrendering himself to the Court or to the competent authorities in Libya. In relation to Mr.”
2018-11-02 · UN Security Council · Security Council, S/PV.8388 (2018) · source
“We engage in this coordinated effort in the spirit of complementarity and in line with goal 9 of my Office's strategic plan. Pursuant to that cooperation model, efforts are being made to identify which entities are best placed to investigate or prosecute alleged crimes and determine what further support other partners can provide. The aim is to close the impunity gap at national, transnational and international levels and to hold accountable all those who commit those alleged crimes. I am pleased to inform the Council that the cooperation strategy is proving effective. My Office also continues to benefit from, and is grateful for, the excellent cooperation it receives from the United Nations Support Mission in Libya and the Libyan Prosecutor-General's Office.”
2018-11-02 · UN Security Council · Security Council, S/PV.8388 (2018) · source
“In line with my June 2014 policy paper on sexual and gender-based crimes, my Office integrates a gender perspective and analysis into these and all other investigations. My Office recognizes that to effectively respond to these serious crimes, not only must they be addressed in Libya, but the criminal networks that facilitate such activities operating outside of Libya must also face justice. A multi-layered and multi-party strategy is therefore required to tackle the web of crimes that thrive in the context of migration through Libya. To that end, my Office continues to work collaboratively with various States, including Libya, as well as international law-enforcement organizations. Information on crimes committed against migrants in Libya and on the business model used to perpetuate these horrific crimes is gathered, shared and analysed.”
2018-11-02 · UN Security Council · Security Council, S/PV.8388 (2018) · source
“Based on the progress made, my Office hopes to be in a position to apply for new arrest warrants in connection with the Libya situation. I also remain focused on the alleged Rome Statute crimes committed against migrants transiting through Libya. The journeys these people embark upon can quickly turn into true nightmare scenarios in which they become victims of the darkest side of human nature and they are preyed upon mercilessly and their vulnerabilities exploited with no regard for decency or the rule of law. My Office continues to receive evidence of serious crimes committed against migrants in Libya. These alleged crimes include killings, sexual violence, torture and enslavement.”
2018-11-02 · UN Security Council · Security Council, S/PV.8388 (2018) · source
“We continue to monitor criminal conduct carried out by members of armed groups in Libya whose alleged criminal acts could fall within the jurisdiction of the Court. Armed groups use violence to exert control over State institutions, commit serious human rights violations, and abuse and exploit detainees in unregulated prisons and places of detention throughout the country. These armed groups represent a major threat to long-term peace and stability in Libya. We do not confine our investigations to any one group; we look at alleged Rome Statute crimes committed by actors across the territory of Libya. More information regarding the nature of these investigations cannot be divulged at the present due to the confidential nature of investigations.”
2018-11-02 · UN Security Council · Security Council, S/PV.8388 (2018) · source
“For the reasons set out in my written response to this admissibility challenge, which was filed on 28 September, I argued that Mr. Al-Qadhafi's case remains admissible before the Court. My sixteenth report, transmitted to the Council two weeks ago, briefly outlines my submissions. My Office maintains that Mr. Al-Qadhafi must be arrested and surrendered to the Court. This admissibility challenge is currently sub judice and the Pre-Trial Chamber will render a decision in due course. I will therefore not delve any deeper into the factual and legal arguments in relation to this specific matter. Turning to our ongoing investigations, my Office continues to make considerable progress on the Libya situation.”
2018-11-02 · UN Security Council · Security Council, S/PV.8388 (2018) · source
“Al-Qadhafi for the crimes against humanity of murder and persecution. This warrant of arrest was issued in relation to Mr. Al-Qadhafi's contribution, as de facto Prime Minister of Libya, to a common plan to deter and quell, by any means, the demonstrations against the rule of Muammar Al-Qadhafi in 2011. On 5 June earlier this year, Mr. Gaddafi filed an admissibility challenge, submitting that his case is inadmissible before the ICC. Significantly, in his challenge, Mr. Al-Qadhafi states that on or around 12 April 2016, he was released from the custody of the Abu-Bakr Al-Siddiq Battalion in Zintan, pursuant to an amnesty law. Mr. Al-Qadhafi also argues that as a consequence of the domestic proceedings conducted against him in Libya, he cannot be tried at the ICC.”
2018-11-02 · UN Security Council · Security Council, S/PV.8388 (2018) · source
“Three additional ICC warrants of arrest have been issued following applications brought by my Office during this period, and my team continues to make significant progress in investigations related to other alleged crimes in Libya. Since my last report (see S/PV.8250), we have also piloted new models of cooperation with interested States and organizations in relation to alleged crimes committed against migrants transiting through Libya. My Office hopes to replicate these models for cooperation in other situations before the Court and thereby further contribute to the fight against impunity. I now turn to recent developments in the case against Mr. Saif Al-Islam Al-Qadhafi. As members of the Council are aware, in June 2011 the Pre-Trial Chamber of the Court issued a warrant of arrest against Mr.”
2018-11-02 · UN Security Council · Security Council, S/PV.8388 (2018) · source
“Ms. Bensouda: At the outset, I would like to congratulate the People's Republic of China on assuming the presidency of the Security Council for the month of November. I wish you, Sir, every success in steering the essential work conducted by the Council. I welcome the opportunity to engage with the Council once again in relation to the Libya situation and to provide updates regarding ongoing cases and investigations, outstanding warrants of arrest and cooperation with States, the organs of the United Nations and other organizations. As members of the Council will recall, in June 2011 the Pre-Trial Chamber of the International Criminal Court (ICC) issued the first warrants of arrest in the situation in Libya. Over seven years later, Libya remains a high-priority situation for my Office.”
2018-11-02 · UN Security Council · Security Council, S/PV.8388 (2018) · source
“They should not stop their pursuit ofjustice or their willingness to come forward with evidence to my Office. In our pursuit ofjustice in the Darfur situation, I assure them that my Office will not stop; that I will not stop. We are committed to doing our job by the Rome Statute, and without fear or favor. The meeting rose at 12.10p.m.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“To date, the Government of the Sudan has refused to surrender any suspect to the Court so that the truth can be determined by the chambers of the Court in full transparency. So to the Government of the Sudan I say this. Rather than uttering the same tired slurs, it should transfer the suspects to the Court and let the facts and the evidence speak the truth. I now address the victims, who continue to yearn forjustice. They should take courage in the example set by the International Tribunal for the Former Yugoslavia. Ratko Mladie was indicted in 1995, not arrested until almost 16 years later, finally convicted last year of crimes that include genocide, and sentenced to life in prison. The victims should therefore not be discouraged by inaccurate statements aimed at shielding those who bear criminal responsibility.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“Our investigations have uncovered, and continue to uncover, evidence that supports the allegations of the most serious crimes allegedly committed by the suspects in the Darfur situation, which include representatives of the Government of the Sudan and its current President. This is a fact that the Government of the Sudan cannot simply wish away. Furthermore, to the extent that it must be said again, I remind all those listening today that the warrants of arrest were issued only after the independent judges of the Court were satisfied that there were reasonable grounds to believe that the suspects of those warrants committed crimes within the jurisdiction of the Court as alleged by my Office. As is the case in any national system, which my Office complements, those allegations should be answered by the suspects.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“I strongly reject the continued baseless allegations of conspiracy theorists and improper motives. It is tiring and demonstrates a lack of respect for not only the Council and its important work, but also the victims of atrocity crimes and the cause of international criminal justice, more broadly. Let me be clear: I and my Office are interested only in pursuing accountability for alleged crimes in connection with the Darfur situation in a fair and impartial manner in accordance with the Rome Statute. We hope that our efforts will bring about justice for the thousands of victims of those alleged crimes, while respecting all rights of the suspects. That deep need for justice and accountability is of course why the Council referred the situation in Darfur to my Office in the first place.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“It is perhaps ironic that, owing to the Government of the Sudan's policy of complete non-cooperation with my Office, it is here in the seat of the body that referred the Darfur situation to my Office that I have come closest to anything resembling a so-called dialogue with the Government of the Sudan. This is a state of affairs that I wish to remedy, and I once again repeat my offer to the Sudan to discuss the real issues at stake here and engage on the issue of surrendering any or all of the suspects to my Office. Despite these repeated demands made and the groundless allegations levelled against me and the Court, I remind all parties that the ICC, including my Office, is entirely independent and regulated by a robust legal and procedural framework that guarantees fair trial rights and due process to all.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“Ms. Bensouda: I thank you, Sir, for the opportunity to reply to the comments made moments ago by the representative of the Republic of the Sudan. As the Security Council is aware, only rarely do I take the opportunity to respond to comments made following my reports on the Darfur situation. I have not done so for two years. However, today I feel compelled to do so. I always listen carefully to the statements delivered by the representative of the Republic of the Sudan. I regret the hostile and disrespectful language directed at me personally, as well as my Office and the International Criminal Court (ICC) at large.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“That is a prerequisite for justice being done for the thousands of victims in the Darfur situation, and a vital next step in the process that the Council started with its referral of the Darfur situation to my Office. In addition to falling short of adequately responding to the legitimate calls of victims for justice, the status quo will not only erode public confidence in the cause of international criminal justice in Darfur, but also in the Council itself. We must work together more effectively, within our respective mandates, to ensure full implementation of, and compliance with, resolution 1593 (2005). More than a decade since the Council adopted that resolution, it is past time that we did just that. We must act collectively and with resolve. My Office remains firm in its commitment and as a ready partner in that joint obligation.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“I appeal to the courageous women and men who are victims of the past and ongoing crimes in Darfur not to despair but to bear with us and continue to cooperate with our ongoing investigations. Today I ask the Council, as the organ that began the process of accountability for Rome Statute crimes in Darfur, to more actively play its part in these collective efforts - and in particular to show its support for my Office's investigations by facilitating United Nations funding and taking steps to ensure that my Office obtains the cooperation it needs, including from the Sudan. Finally, I respectfully request the Council to provide its support to secure the arrest and surrender of the Darfur suspects.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“As stated in my previous report, the Office echoes the Council's view expressed in its resolution 2363 (2017) that any return should be safe, voluntary and in accordance with applicable international law. Sustainable peace and stability can return to Darfur only once the root causes of conflict are addressed. That includes ending impunity for alleged crimes under the Rome Statute in Darfur and ensuring accountability for the victims of those serious crimes. The collective efforts aimed at ensuring such accountability, which I outlined in my report, will go on. My Office will continue to play its role, together with the other organs of the Court and the international community at large.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“In addition, there were reported attacks by Rapid Support Forces and militiamen during March and April on villages located in Jebel Marra. The clashes and attacks reportedly resulted in tens of thousands of additional internally displaced persons. My report notes the 1 February report by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), which stated that, according to the Government of the Sudan, there had been a substantial decrease in the overall number of internally displaced persons from Darfur and that hundreds of thousands were returning to their homes. I note that OCHA indicated that it is verifying the numbers of returning internally displaced persons.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“I am hopeful that they will each do so, including the Security Council via the United Nations, and thereby participate in a process that will result in a final determination of this critical issue. My Office would be remiss not to recognize and appreciate the continued progress towards stability in Darfur. I commend the efforts of all those involved in the Darfur peace process, led by the African Union High-level Implementation Panel and supported by the African Union-United Nations Hybrid Operation in Darfur. Despite that progress, as my report makes clear, intermitent violence in Darfur continued during the reporting period. A number of clashes were reported between forces of the Government of the Sudan and various rebel groups in the Jebel Marra area.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“I am also aware that various follow-up initiatives are being considered by the African Union. In that context, I commend the African Union for taking the opportunity to constructively engage with the Appeals Chamber on this important issue. The Appeals Chamber also invited the Sudan and Mr. Al-Bashir to file submissions, by 16 July, on the merits of the legal questions raised in Jordan's appeal. It is important for the Appeals Chamber to hear and consider the views of all interested parties before its final determination on the issue. All the relevant stakeholders in the matter have an opportunity to express their viewpoints to the Appeals Chamber.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“The Appeals Chamber also invited the United Nations, the African Union, the European Union, the League of Arab States and the Organization of American States to submit observations on the legal issues in the appeal by 16 July. I am particularly encouraged by the fact that the African Union recently notified the Appeals Chamber of its acceptance of the invitation to submit observations. The participation of the African Union in the process is very important, not least because, as the African Union observed in its notification to the Appeals Chamber, 33 of the 55 African Union States members are also parties to the Rome Statute of the International Criminal Court. The issue of official immunities in relation to persons subject to ICC warrants ofarrests was discussed at the African Union Summit in Addis Ababa on 28 and 29 January.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“Jordan appealed that decision and the Court's Appeals Chamber is now seized of the question. The Appeals Chamber has scheduled a hearing for 10, 11 and 12 September 2018. In advance of that hearing, on the basis that the legal issues in the appeal may have broader implications, the Appeals Chamber has invited the relevant parties to make submissions that may assist in its determination of the legal issues raised in Jordan's appeal. In response to an invitation by the Appeals Chamber to States parties and professors of international law, the United Mexican States and 16 law professors were granted permission to submit legal observations.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“Proceedings are also ongoing regarding Jordan's failure to arrest and surrender Mr. Al-Bashir in March 2017. I must emphasize that the Pre-Trial Chambers of the Court have developed a body of jurisprudence that clarifies the obligations of States parties under the Rome Statute. The Council will recall that Pre-Trial Chamber II ofthe Court made a decision in December 2017 to find the Hashemite Kingdom of Jordan in non-compliance with its obligation to arrest and surrender Mr. Al-Bashir during a visit on 29 March 2017, and to refer the matter to the Council and the Assembly of States Parties. That decision again made clear that Mr. Al-Bashir's official status did not justify a failure by a State party to arrest and surrender a suspect subject to an ICC arrest warrant.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“In relation to the Republic of Uganda and the Republic of Chad, Pre-Trial Chamber II has initiated proceedings pursuant to article 87.7 of the Rome Statute in relation to the failures of those State parties to arrest and surrender Mr. Al-Bashir during official visits on 14 November 2017 and 1 and 2 December 2017, respectively. Both Uganda and Chad were previously referred by Pre-Trial Chambers of the Court to the Council for past failures to arrest and surrender Mr. Al-Bashir - Uganda in 2016 and Chad in 2011 and 2013. No action in relation to these or any other referrals by Pre-Trial Chambers to the Council, has been taken. This situation, I respectfully submit, is untenable and the Council must increasingly assume its responsibility to take appropriate action following a notification by the Court of non-compliant States.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“My Office is immensely grateful for this support. Regrettably, however, the Sudan and a number of States parties do not cooperate with my Office in the Darfur situation. I therefore repeat my request to the Council to take steps to facilitate dialogue between my Office and the Government of the Sudan. I also repeat my invitation to the Government of the Sudan to constructively engage with my Office, including in particular to discuss future investigative missions by the Office to Darfur. My report further provides an overview of the current ongoing litigation before the Court relating to States parties that failed to arrest and surrender Mr. Al-Bashir while he was on their territory.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“In relation to the Office's ongoing investigations, during the reporting period the efforts of my team of lawyers, investigators and analysts resulted in important advancements in the cases against the Darfur suspects. Additional witnesses have been interviewed and a significant number of leads developed. However, despite this progress, additional funding is required to allow the team to increase the pace and breadth of its investigations. For this reason, I must respectfully repeat my request to the Council to facilitate financial support from the United Nations for the Office's investigations in the Darfur situation, as envisaged under article 115 (b) of the Rome Statute. My report also makes clear that during the reporting period, the team's ongoing investigations benefited from the cooperation of over 20 States parties.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“It is also alleged that in 2007, personnel of an African Union peacekeeping operation in Darfur were attacked and murdered at their Haskanita base by rebel forces under the command of Mr. Banda. These are all serious crimes of great concern that must be addressed. Following the Council's referral, the Office's investigation and application for warrants of arrest and the Pre-Trial Chambers' issuance of these warrants, there are now two main areas of focus in the Darfur situation: first, the Office's efforts to advance its investigations, and secondly, the Court's collective efforts to secure the arrest and surrender of the suspects in the Darfur situation. The support of the Council is critical to each if we are to move the Darfur situation forward and achieve justice for the victims.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“This ongoing support for the work of the Office by individual members of the Council is greatly valued. As mentioned, there are today five persons in the Darfur situation subject to outstanding warrants of arrest: officials of the Government of the Republic of the Sudan Mr. Omar Al-Bashir, Mr. Ahmad Harun and Mr. Abdel Hussein; militia leader Mr. Ali Kushayb; and rebel leader Mr. Abdallah Banda. All are presently at large. These fugitives stand accused of multiple crimes against humanity and war crimes. These alleged atrocities include the widespread rape and sexual assault of women and girls; attacks on civilians and forcible expulsion from their homes; and detention, torture and summary executions of men detained by Janjaweed and the Sudanese army.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source