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

“The effective power to arrest and surrender ICC suspects in the Darfur situation rests solely with States. The Council also plays a vital role in ensuring that these obligations are honoured. I once again urge the Council to take concrete action concerning States referred to it by the Court following failures by such States to arrest and surrender ICC suspects in the Darfur situation while such suspects are on their territory. I am encouraged by the efforts that a number of members of the Council, including permanent members, continue to make to break the impasse. These efforts include proposals for potential responses on the part ofthe Council to the referrals it receives and public calls on States, including the Sudan, to cooperate with the Court to execute outstanding arrest warrants.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“The evidence collected to date as part of our Darfur investigations, thanks to the assistance and commitment of victims and witnesses, and often at great risk, has persuaded the judges of the Court to issue warrants of arrest against five suspects. My Office continues to collect more evidence. Considerable progress has been made in this regard, thanks to the cooperation of a number of States and the sacrifices that many continue to make to help us solidify our cases towards the aim of being trial-ready. What is required now is for the Council and the international community at large to support the apprehension and transfer of ICC suspects to the Court so that they can answer the charges against them through a fair, independent and objective judicial process. Let me be clear.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“They are owed at least this minimum decorum, and they deserve not to not have their ordeals undermined by rhetoric aimed at confusing the issues and distracting the Council's and the world's attention from what we are really concerned with here - the need to ensure that there is accountability for the serious and destabilizing crimes under the Rome Statute committed in Darfur through the Court's independent judicial process. Today, I want to use this opportunity to reassure the victims in Darfur that my Office has neither forgotten nor abandoned them. Despite the many challenges we face, my Office continues to do all within its power and means to ensure that alleged perpetrators against whom ICC warrants have been issued will face justice in Court. The ICC is a permanent judicial institution and it is here to stay.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“Regrettably, the Government of the Sudan has not only refused to cooperate with the Court, in clear violation of the Council's resolution, but has rather been emboldened to publicly denounce the Court in this forum. It does so repeatedly, with facile and baseless allegations aimed at creating a distraction from the real issues and the Government's failure to fulfil its responsibilities and obligations. It is also regrettable that such intransigence has been presented in this Chamber, where respectful discourse is to govern all interventions, focused on finding real solutions to the serious issues of which this organ is seized. The eyes of the world are upon us; the eyes of victims and victims' groups in Darfur, some of whom are present today, are upon us.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“The question begs asking - how many more years and how many more reports will be required for the Council to be galvanized into taking tangible action? How much longer should victims of the alleged atrocity crimes in Darfur suffer in silence or wait to have their torment acknowledged through concrete results? The Security Council has an important role to play in supporting the effective implementation of its own resolution - resolution 1593 (2005) - which referred the Darfur situation to the Court. In paragraph 2 of the resolution, 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 the Prosecutor.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“Ms. Bensouda: I would like to begin by congratulating the Russian Federation on assuming the presidency of the Security Council, and to wish you, Sir, every success in steering the important work of this organ throughout the month of June. It has been over 13 years since the Council referred the situation in Darfur to the International Criminal Court (ICC) and directed me to report to it every six months on actions taken and progress made pursuant to resolution 1593 (2005). After 13 years and 27 reports, the victims of the grave crimes that prompted the Security Council to refer the situation in Darfur to the ICC have yet to see those alleged to be most responsible for such crimes face justice.”
2018-06-20 · UN Security Council · Security Council, S/PV.8290 (2018) · source
“Seeking justice for those in Libya who are victims of crimes under the Rome Statute will remain a priority for my Office. We remain determined to fulfil the responsibility the Council entrusted to my Office, with the Rome Statute as our guide. My Office will do its part, but our work alone is not enough. We have a collective responsibility to cultivate a culture of accountability for Rome Statute crimes in Libya and to deter the commission of future crimes. The tragic consequences of a failure to do so are well known to us all. I count on the Council's support and I thank members for their time and attention.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“Let me conclude by reiterating my appeal to the Council to demonstrate its commitment to the pursuit of justice in Libya by fulfilling its responsibility to facilitate the provision of financial support, as envisioned under article 115 (b) of the Rome Statute, as well as practical support to my Office. Such support is needed now more than ever as my Office forges ahead with the ever-challenging task of executing its mandate under the Rome Statue, as triggered by the Council in resolution 1970 (2011) approximately seven years ago. That responsibility includes leveraging the Council's unique authority under international law to ensure the timely execution of the Court's decisions and, in particular, the execution of ICC arrest warrants.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“Migrants are reportedly killed, abused or mistreated while in detention and in transit. I also remain extremely concerned about the reports of slave auctions in Libya. The fact that such abhorrent acts could occur in the twenty-first century is an insult to the memories of the Victims of bondage of the past and an assault on the oneness of humankind and the historical progress made to eradicate such callous acts. I reiterate that my Office continues to be seized of the Libya situation, and our investigations are ongoing. I also benefit from this occasion to state that we expect we will be in a position to apply for warrants of arrest against other suspects in the near future.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“The exemplary efforts of a number of States and organizations are worthy of emulation, with the end goal of reversing the trend of violence and impunity for serious crimes in Libya. Even though my Office is making important progress, significant challenges remain. The volatile security situation in Libya is exacerbated by the ongoing armed conflict among militias in many parts of the country. As I highlighted in my fifteenth report, there continue to be extra-judicial killings, high civilian casualties and the systematic use of arbitrary detention of individuals, who are often subjected to serious Violations of human rights. I am also concerned about the large numbers of migrants held in detention centres - whether run by the national authorities or by militias.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“I take this opportunity before the Council to offer the support and expertise of my Office to States and organizations engaged in combating criminality in Libya and across its borders, where a symbiotic relationship in the fight against impunity can be fostered. In addition to Libya, my Office continues to receive significant support from a number of other States, including Italy, the Netherlands, Tunisia and the United Kingdom, as well as regional and international organizations, such as INTERPOL, and many non-governmental organizations. Cooperation from Libya, State parties and non-State parties, as well as support from the Council, is Vital to achieving progress in the cases before the Court and to the rapid progress of our ongoing investigations.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“That is in the spirit of complementarity as enshrined in the Rome Statute, specifically foreseen under paragraph 10, article 93, of the Statute. That approach is also in line with goal 9 of my Office's strategic plan for the period 2016-2018. In our parlance, strategic goal 9 seeks to develop with relevant judicial actors, and with full respect for their respective mandates, a coordinated investigative and prosecutorial strategy to close the impunity gap for Rome Statute and other serious crimes that foster further insecurity in Libya. Recently, there has been a focus on crimes relating to human trafficking and abuses against migrants. That engagement allows for more collaborative efforts to gather and analyse information and helps identify which of the judicial actors is in the best position to investigate or prosecute alleged crimes.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“Despite efforts by my Office, in cooperation with other organs of the Court, Mr. Khaled remains at large. Without assistance and reliable information from States, persons or other entities in a position to assist, it will be difficult to ensure his surrender to the Court. Without arrests, both the cause of international criminal justice in Libya and the very raison d'etre of resolution 1970 (2011) will be undermined. Cooperation remains a cornerstone of the Rome Statute legal framework and the effective functioning ofthe Court. My Office continues to engage with States and relevant organizations to exchange information, where possible, and assist national authorities carrying out investigations and prosecutions of crimes relating to Libya.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“Those reports often present conflicting accounts about whether or not he continues to be detained in Libya. Regardless of Mr. Al-Qadhqri's custodial status, I take this opportunity to reiterate that the ICC warrant of arrest against him remains outstanding and that Libya continues to be under an obligation to immediately surrender him to the Court. I call on the Libyan authorities to take all the necessary steps to have Mr. Al-Qadhafi surrendered to the Court, in accordance with Libya's international legal obligations, the Court's rulings and repeated calls by members of the Council. The warrant of arrest against Al-Tuhamy Mohamed Khaled, former head of the Libyan Internal Security Agency, also remains outstanding. That warrant was issued in April 2013, and made public in April 2017.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“Al-Werfalli's immediate arrest and surrender is now more important than ever, not only for him to answer for his alleged crimes but to also send a clear message to would-be perpetrators that such reprehensible crimes will not be tolerated and that there will be real consequences for the commission of such crimes. I repeat my call to the Council to engage with my Office and lend its support in assisting with strategies for the arrest and surrender of ICC fugitives in Libya. Once again, I appeal to all States, including members of the Council, the Libyan authorities and the LNA, to facilitate Mr. Al-Werfalli's immediate arrest and surrender to the Court. Turning to the other Libyan cases, reports about Saif Al-IslamAl-Qadhafi's whereabouts have appeared in the media.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“The LNA has claimed that it is investigating. Mr Al-Werfalli in relation to this most recent execution. In August 2017, the LNA also publicly stated that it was investigating Mr. Al-Werfalli for the alleged executions that are included in the ICC warrant of arrest. In the light of the additional murders allegedly committed by Mr. Al-Werfalli, which were filmed and shown on social media, those claims simply do not appear credible. In my report to the Council in November 2017, I expressed my concern that the continued failure to secure the arrest and surrender of ICC suspects in Libya emboldened those already committing crimes. Mr.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“Those two bombings resulted in the killing of at least 34 people, including children, and the wounding of more than 90 others. Those are all terrible crimes. As I made clear in my public statement on 26 January, the bombings in front of the Bayat Al-Radwan Mosque, as well as the execution of 10 persons in apparent retaliation, demand condemnation from us all. They also demand action to prevent further atrocities that claim the lives of Libyan citizens. My Office continues to closely monitor the volatile situation in Libya, including in and around Benghazi. I will not hesitate to file new applications for warrants of arrest in relation to the Libya situation, including crimes in Benghazi, where there are reasonable grounds to believe that crimes within the jurisdiction of the Court have occurred, and the evidence supports such action.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“I have also appealed to all States, including members of the Council, to assist in effecting Mr. Al-Werfalli's immediate arrest and surrender to the Court. That notwithstanding, to date Mr. Al-Werfalli has not been surrendered to the Court. What is further troubling is that, on 24 and 25 January, photographs and video footage emerged on social media that appeared to depict Mr. Al-Werfalli brutally murdering 10 people in front of the Bayat Al-Radwan Mosque in Benghazi. At the time of their deaths, those people were blindfolded, with their hands tied behind their backs. That horrific execution was reportedly carried out in retaliation for the equally horrific bombing carried out by unknown perpetrators at the same mosque the day before.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“Since the issuance of the warrant, last year, I have repeatedly called on the Libyan national authorities to comply with their obligation to arrest and surrender Mr. Al-Werfalli to the ICC. Ihave also specifically called on General Khalifa Haftar, Commander of the Libyan National Army (LNA) and superior of Mr. Al-Werfalli, to cooperate with the Libyan authorities to enable and facilitate his arrest and surrender. ICC suspects who are indicted with charges of grave crimes under the Rome Statute cannot be sheltered or given refuge. They must be apprehended and face justice before the Court so that their guilt or innocence can be established. The Libyan people deserve answers. The victims of atrocity crimes in Libya deserve to have justice done and see that it is genuinely done.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“However, that desired deterrent effect can go only so far. Greater deterrence can be assured only through the arrest and surrender of suspects to the International Criminal Court (ICC) so that they may answer the charges against them. That is critical. The case of Mr. Al-Werfalli demonstrates the crucial importance of the timely arrest and surrender of individuals subject to ICC warrants of arrest. The Council is certainly aware that, despite being the subject of an ICC arrest warrant, Mr. Al-Werfalli remains at large and appears to have continued to act as a commander in the Al-Saiqa Brigade. Regrettably, there are now credible allegations that, in the period since the warrant was issued, he has committed further murders, which may be prosecuted by my Office as war crimes under the Rome Statute.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“Most recently, on 15 August 2017, Pre-Trial Chamber I issued a public warrant of arrest against Mahmoud Mustafa BusayfAl-Werfalli for his alleged role in committing or ordering seven executions that resulted in the murder of 33 people. The executions were filmed and graphically depicted in videos posted on social media. The arrest warrant against Mr. Al-Werfalli demonstrates my Office's commitment and capacity to quickly and effectively respond to alleged crimes that are increasingly being committed, as a result of social media, before our eyes. Investigators and prosecutors working under my supervision are able to gather and analyse evidence and, where reasonable grounds exist, apply for a warrant within a short period. The expeditious issuance of public warrants can be essential in circumstances where a deterrent effect may be achieved.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“Ghassan Salame, whom I had the privilege to personally meet on the margins of the Munich Security Conference in February. I am most grateful to him and his staff for their invaluable support and concrete assistance. I look forward to continued constructive collaboration with those key partners in Libya. I equally take this opportunity to invite the Council to engage further with my Office to identify areas on which we can work together to advance the trinity of peace, justice and stability in Libya, within our respective and complementary mandates. As the Council is aware, three public warrants issued in the Libya situation remain outstanding.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“That recent Visit to Libya marks significant progress in my Office's investigative activities. The value of the opportunity to work in the territory where alleged crimes have been, or are being, committed cannot be overemphasized. I am confident of the prospect of future missions to Libya that will offer renewed hope of more rapid progress in our investigative activities. I would be remiss ifI did not take this opportunity to express my deep appreciation to the Libyan Prosecutor-General's office for facilitating the mission in March and hosting my team. The visit would also not have been possible without the invaluable logistical support of the United Nations Support Mission in Libya (UNSMIL), and in particular the support of the Special Representative to the United Nations Secretary-General and Head of UNSMIL, Mr.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“I am pleased to report that, on the strength of our resolve and commitment, we are steadily progressing in our investigations into not only crimes committed in 2011, but also more recent and ongoing crimes. As the Council is aware from previous reports, due to security considerations, my Office had not conducted investigative missions in Libya for over five years. During that time, my Office sought innovative ways to continue its investigations and, as a result, secured successes. Nevertheless, not being able to investigate on the ground in Libya was far from ideal. We have remained committed to sending our investigators to Libya and have looked for every opportunity to do so. I am therefore pleased to report that, in March 2018, members of my Libya team travelled to the country for our first mission on Libyan territory since June 2012.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“I express my condemnation of the recent double suicide bombing of the headquarters of the Libyan High National Election Commission in Tripoli a few days ago, on 2 May, which reportedly resulted in the deaths of at least 15 people and injured many others. Surely, accountability for the grave and destabilizing crimes under the Rome Statute and full respect for the rule of law are integral to sustainable peace, stability and development in Libya. My Office continues to do its part within the four corners of its mandate, notwithstanding the challenges inherent in undertaking our investigations and prosecutions in a situation of ongoing conflict, as is the case in Libya.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“Despite that progress, significant challenges remain, including ongoing conflict and insecurity throughout Libya, which have had an adverse impact on our ability to progress swiftly with our investigations. That ongoing conflict and instability continue to create fertile ground for violence and, regrettably, the commission of atrocities. Hence, I welcome the efforts of stakeholders in Libya to hold broad-based inclusive consultations aimed at breaking the long-drawn-out political stalemate, in an effort to stabilize and bring an end to conflict in Libya. The efforts of those who continue to sow the seeds of further Violence and discord are, first and foremost, at the expense of the suffering Libyan people.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“Ms. Bensouda: I thank the Security Council for this opportunity to present my latest report on my Office's activities in relation to the situation in Libya. Before I do so, allow me to congratulate the Republic of Poland for holding the presidency of the Security Council during the month of May, as well as to thank you, Madam President, for presiding over today's briefing. In 2017, I announced before the Council that Libya is a priority situation for my Office. I am pleased to inform members that since I last reported, in November 2017 (see S/PV.8091), my Office has made significant progress, including a return to investigations on the ground in Libya.”
2018-05-09 · UN Security Council · Security Council, S/PV.8250 (2018) · source
“I hope that there will be solace in knowing that, as the history of international criminaljustice has often demonstrated in practice, time is not on the side of perpetrators. Rather, it is on the side of the victims and the cause ofjustice.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“In sum, concrete follow-up action by the Council on matters relating to outstanding ICC arrest warrants will demonstrate the commitment of the Council, as a pillar of the United Nations system, to peace and security in Darfur through the vector of international criminal justice. Accountability for crimes under the Rome Statute is a necessary complement to sustainable peace and stability in Darfur. As such, I call on the Council to prioritize action on the outstanding warrants of arrest that have been issued by the Court. To the victims of Rome Statute crimes allegedly committed in Darfur, Ipledge to them that my Office and I will continue our efforts to bring those responsible for such crimes to justice. Notwithstanding the challenges that we face, our resolve is unshakable.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“Finally, I stress that the annual operating budget of my Office is increasingly insufficient to support our ever-growing workload. I again urge the Council and the United Nations to make suitable arrangements to provide financial support towards my Office's ongoing investigative activities in Darfur, as envisaged by the Rome Statute. To conclude, I thank you, Mr. President, as well as the Council and all those who are following the proceedings before the Council, within the Chamber or through video-link, for their concern and attention to the important issues that are the focus of today's discussions.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“The work of the ICC is essential for fighting impunity for the world's most serious and destabilizing crimes, as well as for ensuring accountability in Darfur. To that end, I respectfully submit that the Court ought to be actively supported by the Council and by the international community as a whole. Notwithstanding the decrease in the scale of violence in Darfur, my Office continues to receive reports of unlawful killing of civilians, as well as of the continuing forced displacement of approximately 40,000 people due to the conflict. Moreover, while there has also been a decrease in reports of sexual and gender-based crimes, my Office notes with great concern that those crimes are reportedly continuing, particularly against young girls. Those crimes cannot be left unaddressed.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“Al-Bashir and all other suspects from the situation in Darfur are presumed innocent until they are proven guilty, and the burden of proving their guilt rests with my Office. Allow me to also recall that the Council recently adopted resolution 2363 (2017), which extended the mandate of the African Union-United Nations Hybrid Operation in Darfur. In that resolution, the Council called on all parties to comply with their obligations under international humanitarian law, while stressing the importance that the Council attaches to ending impunity, including by ensuring accountability and bringing to justice the perpetrators of crimes, including sexual and gender-based violence, that were allegedly committed by all parties in Darfur.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“I also note that the Sudan continues to adopt an antagonistic posture towards the ICC and refuses to cooperate with the Court. I invite the Sudan to rethink that position. My Office stands ready to constructively engage the Sudan on the issue of surrendering any or all of the Darfur suspects to the Court. As in the past, I again take this opportunity to recall that Mr. Al-Bashir and the other suspects in the Darfur situation are alleged to have committed serious crimes under the Rome Statute against the people of Darfur, including murder, torture and persecution. My Office will continue to independently and impartially investigate those allegations. Let me once again stress that Mr.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“In particular, I welcome the call of the European Union to all States Members of the United Nations to abide by and implement the resolutions adopted by the Council under Chapter VII of the Charter of the United Nations, notably resolution 1593 (2005). In relation to Uganda, the EU also urged it to honour its obligations as a State party to the ICC. I note with appreciation the expressions of support for the ICC that were provided in those declarations. While cooperation has been a significant challenge in the Darfur situation, I also acknowledge with gratitude the support and cooperation that my Office has received, and continues to receive, from other States parties. That support has been crucial in obtaining additional information and evidence. Without such cooperation, the effective discharge of the Court's mandate can be undermined.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“I once again urge the Council to act on the sensible, moderate and entirely actionable proposal placed before it by New Zealand and other States. Concerted and uniform efforts should be made to discuss the Court's referrals of non-compliance by States parties to the Council, with the aim of exploring the options available to compel the States concerned to comply with their statutory obligations. That will encourage States to render cooperation to the Court for the arrest and surrender of the Darfur suspects and dissuade other States from breaching the cooperation provisions of the Rome Statute. I welcome the declarations made on behalf of the European Union (EU) in relation to Mr. Al-Bashir's recent visits to Uganda and Russia.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“Like Uganda, the Republic of Chad was previously been referred to the Council for its failure to arrest and surrender Mr. Al-Bashir to the ICC while he was on Chadian territory. The two prior referrals are dated 13 December 2011 and 26 March 2013. It is with regret that I note that public records show that Chad again hosted Mr. Al-Bashir on an official visit during the first week of December. In relation to Mr. Al-Bashir's travel to non-States parties, I note his official travel to the Russian Federation, which is a permanent member of the Council, during the week of 20 November. Taken altogether, those events underscore the detrimental impact on the Court's reputation and credibility in the eyes of victims, who have pinned so much hope in the Court to deliver justice for their suffering.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“It is my understanding that due to the efforts of civil society, in particular the Uganda Victims' Foundation, an application was filed at the International Crimes Division of the High Court of Uganda requesting, among other things, a warrant of arrest to be issued and executed against Mr. Al-Bashir. The Ugandan court declined to issue that warrant of arrest, in part, according to reports, due to the fact that Uganda is currently awaiting sanctions from the Council for its previous failure to arrest and surrender Mr. Al-Bashir on his visit in May 2016. That latest development emphasizes the importance and consequences of the Council's inaction on non-compliance referrals by Pre-Trial Chambers of the ICC in respect of Uganda and other States that failed to arrest and surrender Mr. Al-Bashir.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“Al-Bashir has travelled to a number of countries, some of which are States parties and all of which are members of the United Nations. In that regard, in relation to other States parties, most recently, the Republic of Uganda, despite having been referred to the Council in July 2016 for its failure to arrest and surrender Mr. Al-Bashir to the Court while he was in Ugandan territory in May 2016, once again invited and hosted Mr. Al-Bashir during the week of 13 November. As per protocol, in advance of the visit, the Registry once again reminded Uganda of its obligation under the Rome Statute to arrest and surrender Mr. Al-Bashir to the Court. To date, there has been no response from Uganda.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“The Chamber found, by majority, that because the rights and obligations provided for in the Statute are applicable to the Sudan, the immunities of Mr. Al-Bashir as Head of State under customary international law do not bar States parties from executing a request for his arrest and surrender. The Chamber decided that J ordan's non-compliance should be referred to the Assembly of States Parties and the Council. The Chamber noted, in particular, that at the time oer. Al-Bashir's presence in Jordan in March, the Chamber had already expressed in unequivocal terms that South Africa, also a State party, had in similar circumstances, the obligation to arrest and surrender Mr. Al-Bashir and that consultations pursuant to article 97 of the Statute did not suspend this obligation. In short, since my last report to the Council (see S/PV.7963), Mr.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“Al-Bashir and the four other suspects in the Darfur situation. Furthermore, this costly inaction has the potential to undermine the fight against impunity, the effect of which is to lower the bar of accountability that many have fought to raise. This continuous nonfeasance only serves to embolden others to invite Mr. Al-Bashir to their territory, safe in the knowledge that there will be no consequences from the Council for such breaches. Continuing on the issue of non-cooperation, just yesterday, Pre-Trial Chamber II of the Court found that the Hashemite Kingdom of Jordan failed to comply with its obligations under the Statute by not executing the Court's request to arrest and surrender Mr. Al-Bashir to the Court when he was in Jordanian territory in late March.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“Additionally, the Chamber noted that despite 24 meetings ofthe Council, including my biannual reports, the Council has taken no action against States parties that have failed to comply with their obligations to cooperate with the Court. That, the Chamber observed, is despite proposals from different States, including Council members, stressing the need to develop a follow-up mechanism concerning the referral of States by the Court to the Council. These developments once again cast the spotlight on the repeated inaction of the Council in response to any of the Court's referrals of those States parties, as well as the Sudan, that have failed to arrest and surrender Mr. Al-Bashir to the Court while in their territory. That is a matter ofgrave concern, in particular for the victims of the crimes allegedly committed by Mr.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“The Chamber's decision in that regard was informed by a number of factors, in particular that South Africa was the first State party to utilize article 97 of the Statute to consult with the Court in relation to a request for arrest and surrender. In addition, the Chamber took note of the robust domestic proceedings which concluded that South Africa acted contrary to its obligations under the Statute by not arresting and surrendering Mr. Al-Bashir to the Court. As a further factor in its decision not to refer South Africa, the Chamber noted that States parties have been referred to both the Assembly of States Parties and the Council in six instances in relation to failures to arrest and surrender Mr. Al-Bashir.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“The Chamber, through that decision, has sent a clear message that, in such circumstances, there can be no justification for States parties to fail to arrest a suspect against whom an ICC warrant of arrest has been issued, irrespective ofthat person's official status. It is my Office's hope that this message will be heeded and, furthermore, that the Council will do its part to enforce decisions by the Court in relation to situations that the Council itself has referred to the Court. This specific inter-institutional role is clearly envisaged by the Rome Statute and codified, as negotiated during the Rome Conference, which also saw the participation of permanent members of the Council. Ultimately, despite its finding of non-compliance, the Chamber chose not to refer South Africa to either the Assembly of States Parties or the Council.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“Al-Bashir, all such doubts have since been dispelled following the decision of Pre-Trial Chamber II of 6 July. That decision, it is recalled, related to South Africa's failure to arrest and surrender Mr. Al-Bashir to the ICC in June 2015. The Chamber found that South Africa failed to comply with the Court's request to arrest and surrender Mr. Al-Bashir, contrary to the Rome Statute, and that this failure prevented the Court from exercising its functions and powers under the Statute. That important decision by the Chamber, which was not appealed by either party, establishes that there is no legal or factual justification for South Africa's failure to comply with its obligations under the Statute to arrest and surrender Mr. Al-Bashir to the Court.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“As the Court's legal jurisprudence, including recent judicial pronouncements, have reaffirmed, there is no legal lacuna or ambiguity concerning States parties' obligation to arrest and surrender ICC suspects to the Court's custody when they travel to their territories. My Office has been of the firm and consistent view that such failures to apprehend Mr. Al-Bashir are not only a flagrant violation of the Rome Statute but equally undermine the Council's own reputation and are an affront to the respect owed to its resolutions. I have thus repeatedly urged the Council to employ its powers as a tangible demonstration of its disapproval of such failures. For those who may have entertained doubts about the legal obligations of States parties and the Republic of the Sudan to arrest and surrender Mr.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“Similarly, States party reception of suspects the Court seeks to arrest cannot become business as usual, not least out of respect for the suffering of victims and their yearning for accountability, and in the interest of greater enforcement of international justice. I regret to note that over the years my reports have highlighted the consistent failure of the Council to act when a number of States parties to the Rome Statute have welcomed Mr. Omar Al-Bashir as an ICC suspect to their territories. These States parties have failed to comply with the Court's requests for his arrest and surrender, despite a clear treaty obligation to do so. In most cases, a lack of legal clarity has been claimed to justify the failure to arrest and surrender Mr. Al-Bashir.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“Ms. Bensouda: Allow me at the outset to congratulate Japan on assuming the presidency of this organ for the month of December, and to acknowledge publicly the notable support your country, Sir, has provided to my Office, and the International Criminal Court (ICC) more generally, as an active and committed State party. Today, I provide the Council with my twenty-sixth report on the situation in Darfur pursuant to resolution 1593 (2005). In the Darfur situation, effecting warrants of arrest remains a difficult challenge and a crucial area where greater collaboration is sorely needed. The entire judicial machinery of the Court can be frustrated and held in abeyance unless persons sought by the ICC appear before it.”
2017-12-12 · UN Security Council · Security Council, S/PV.8132 (2017) · source
“We have a collective responsibility to cultivate a culture of accountability for Rome Statute crimes in Libya and to deter the commission of future crimes. Continued failure to do so is to deny the victims of the grave crimes committed in Libya the justice that they so rightly deserve. Inaction will also embolden those who have already committed crimes and would- be perpetrators by signalling that impunity will prevail and that they are beyond the reach of the law. That we cannot allow.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“Ensuring justice for victims of serious crimes perpetrated in Libya and bringing to account those who have committed or ordered atrocities remain critical factors for sustainable peace in a country that has been plagued by conflict for so long. Libya will remain a priority for my Office in 2018. Along with my team, I am determined to fulfil the responsibility entrusted to my Office by the Rome Statute vis-a-vis Libya, following the Council's referral pursuant to resolution 1970 (2011). My Office will continue to do its part. As we do, we count on the critical support of the Security Council, States Members of the United Nations, and States parties to the Rome Statute. Suspects against whom ICC warrants of arrest have been issued must be arrested and transferred to the Court to stand trial.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“My Office continues to receive Vital support from a number of States, including the Netherlands, Tunisia, Italy and the United Kingdom, as well as international organizations and other actors, such as the United Nations Support Mission in Libya and INTERPOL. The exemplary efforts of those States and organizations deserve recognition. More of the same is required from others joining to contribute. In addition, the Libyan Prosecutor-General's Office remains a strong and valued partner in our investigation activities, and, as always, I remain grateful to the citizens of Libya and all individuals and organizations that are committed to the goals of the ICC. I am acutely aware that peace and stability in Libya will require action, support and commitment from various actors.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source