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

“Again, I urge the Council to give serious consideration to the proposal made by New Zealand for a structured approach to dealing with the Court's findings of non-compliance referred to the Council. To be sure, without stronger and committed action by the Council and State parties, the situation in the Sudan is unlikely to improve, the alleged perpetrators of serious crimes against the civilian population will not be brought to justice and the prospects for a lingering conflict will become more acute. Justice and accountability for the grave crimes under the Rome Statute must not be sacrificed at the altar of political expediency. The maintenance of international peace and security and the cause of international criminal justice are intrinsically linked. Indeed, the former is in many ways contingent upon the latter.”
2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source
“In conclusion, the Security Council must no longer tolerate the continuing deteriorating humanitarian situation in Darfur, the continuing non-cooperation of the Government of the Sudan and, in particular, the refusal of the Sudan to arrest and surrender suspects within its territory to the custody of the Court. It is within the powers of the Council to reverse those trends through concrete action and resolve. Meaningful follow-up in response to the Court's findings of non-compliance is one concrete step that the Council can take to project its commitment to the victims of Darfur and to accountability as indispensable and indivisible component of peace and security.”
2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source
“The attack was supported by air raids and artillery fire. Between four and six civilians, including two children, were allegedly killed during the ground attack. In another attack on 21 January, aerial bombardments reportedly killed 48 women and destroyed six houses. As mentioned in my latest report, my Office notes that the modus operandi of the attacks employed by the Government of the Sudan is similar to the manner in which the attacks were carried out in 2003 and 2004. The continuation of the Government of the Sudan's military attacks in Darfur in that manner must be halted. In our assessment, the arrest and surrender of Mr. Al-Bashir and other accused in the situation in Darfur may assist in stopping those crimes.”
2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source
“Over 129,000 people have been displaced from Jebel Marra since mid-January. There might be thousands more displaced, hidden in the mountains of Jebel Marra, but as the Council is undoubtedly aware, the United Nations and humanitarian organizations have no access to those areas. There were five reported incidents of attacks on humanitarian aid workers and peacekeepers, with one peacekeeper killed, in this reporting period. In relation to allegations of ongoing crimes, my Office is concerned over reports of the activities of the Government of the Sudan's Rapid Support Forces (RSF). The RSF were allegedly again involved in the commission of crimes during the reporting period. In one such attack in Central Darfur between 30 December 2015 and 1 January 2016, the Sudanese Armed Forces, RSF and Janjaweed attacked Villages in East Jebel Marra.”
2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source
“My Office shares the Council's expression of deep concern in its resolution 2265 (2016) at the increased violence and insecurity in Darfur, the significant increase in the number of persons who have been internally displaced since 2014, and the restriction of humanitarian access to conflict areas where vulnerable civilian populations reside. I am concerned about a significant increase in aerial bombardments and ground attacks, resulting in over 400 civilian deaths and up to 200 Villages destroyed as reported. In addition, 107 incidents ofsexual crimes against women were reported, resulting in 225 victims. Seventy per cent of these alleged incidents involved gang-rape, and 19 per cent involved girls under the age of 18 years. Troops aligned with the Government of the Sudan and unidentified assailants are the main alleged perpetrators.”
2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source
“Leads that have the potential to yield additional evidence continue to be followed even as the modest Darfur team of my Office divides its time and energies between the Darfur dossier and other cases that are equally demanding. Despite these difficulties, we will not falter. Our commitment to the victims of the crimes under the Rome Statute in Darfur and elsewhere is what inspires us and propels my Office forward to overcome challenges and to ultimately obtain the desired results. We are unbending in this commitment.”
2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source
“Despite these challenges, my Office is continuing its investigations with a View to delivering justice to the victims of grave crimes under the Rome Statute in Darfur. A list of obstacles complicates our work. A lack of access to the territory of the Sudan, resource constraints and non-execution of the long-outstanding arrest warrants have all contributed to the slow progress in investigations. Nevertheless, my Office's strong belief that justice and accountability are key to lasting peace in Darfur continues to motivate us to exert every effort within the means and abilities at our disposal to advance the investigations as effectively as possible.”
2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source
“Regarding non-State parties, when they fail to cooperate in the arrest and surrender of suspects against whom warrants of arrest have been issued by the Court in the Darfur situation, they do so with complete disregard for resolution 1593 (2005), which urges them to do the contrary - that is, to fully cooperate with the Court. As it concerns Rome Statute States parties, a failure to arrest and surrender would constitute not only a violation of resolution 1593 (2005), but a breach of their Rome Statute obligations - indeed, their treaty obligations. In either case, these breaches undermine the cause of international criminal justice and are a direct attack on the credibility of the Council, which referred the situation in Darfur to my Office.”
2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source
“Al-Bashir's arrest that "[w]hen the Security Council adopts a decision under article 25 in accordance with the Charter, it is for member States to comply with that decision To hold otherwise would be to deprive this principal organ of its essential functions and powers under the Charter." The Pre-Trial Chamber in the same decision further emphasized the critical role of the Council in enforcing compliance with resolutions adopted under Chapter VII of the Charter of the United Nations. To be clear, the Sudan's failure to cooperate with the Court amounts to non-compliance - not least, it is in breach of resolution 1593 (2005). That resolution has in effect brought the Sudan under the full breadth and ambit of the Rome Statute legal framework.”
2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source
“This is the least we can do to reassure the victims of Darfur that they have not been forgotten, and that both the Council and my Office are fully engaged in and committed to finding solutions that will ultimately ensure accountability and by extension bring peace and stability to Darfur. My second broad observation relates to the obligations of states and cooperation. Quoting from the International Court of Justice's advisory opinion on Namibia, the Pre-Trial Chamber of the ICC noted in an instance of non-compliance with Mr.”
2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source
“The Council cannot and must not remain silent and non-responsive on such judicial findings, which are, after all, inherently linked to the resolution referring the situation of Darfur to my Office. I invite and encourage Council members to give due consideration to the constructive proposal submitted by New Zealand, calling for a structured approach in dealing with the Court's findings of State non-compliance. A formula that has in the past proved useful for meaningful exchange of ideas is the informal interactive dialogue between my Office and the Council. To be sure, increased interaction between my Office and the Council will enable us to jointly reflect and generate proposals on strengthening our existing inter-institutional relationship in a manner that results in more effective outcomes.”
2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source
“With your indulgence, Sir, I would like to place the accent on several important observations in this regard. First, it is imperative for the Council to fully appreciate and embrace its inter-institutional relationship with the International Criminal Court within the framework of the Rome Statute, and in full respect for the respective independence of these important institutions. More specifically, the Council must recognize that once a ruling of non-compliance has been referred to it pursuant to article 87.7 of the Rome Statute, it is dutybound to act to give due consideration to the judicial ruling and to take decisive action as appropriate. To do otherwise would not only deprive article 87.7 of the Statute of its object and purpose and frustrate the ends ofjustice, but also erode public confidence in the Council.”
2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source
“What message are we sending to would-be perpetrators if those against whom international warrants have been issued for the world's most egregious crimes can travel freely, and without any repercussions for those who facilitate or, worse, keep suspects of atrocity crimes as company. Above all, such non-feasance has emboldened some States to publicly express pride in disregarding the Council's authority. This trend of non-compliance with resolutions under Chapter VII of the Charter of the United Nations continues to exacerbate victims' frustrations and should be a matter of great concern to us all. It should therefore be particularly concerning that violations ofa Chapter VII resolution have become routine without any resulting condemnation or appropriate action by the Council.”
2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source
“Secondly, the Council's failure to act in response to 11 findings of non-compliance issued by International Criminal Court (ICC) judges has equally emboldened States, parties as well ascertain non-parties to the Rome Statute, not only to facilitate Mr. Al-Bashir's travels to their territories but to invite and host him. A reasonable observer cannot be faulted for asking how many more such findings must be rendered by the Court to spur this Council into action. The Victims' groups with which I will be meeting later today will surely and, indeed, rightly, have such questions on their minds. This evolving trend risks setting an ominous precedent that, unless it sees redirection, will not bode well for similar genuine efforts aimed at bringing those responsible for mass atrocities to justice.”
2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source
“Over the years since the adoption of resolution 1593 (2005), my Office's message to this body regarding the Sudan's flagrant disregard of the Council's resolutions has been principled, consistent and clear. Sadly, my Office's countless appeals to the Council for action to address the persistent failure of the Sudan to comply with its international obligations have not been heeded. I respectfully note that, regrettably, the Council has been equally consistent in its conspicuous silence over the Sudan's non-compliance with its own resolutions. This inaction on the part of the Council has had adverse consequences. First, it has emboldened Mr. Al-Bashir to continue travelling across international borders, despite the fact that two arrest warrants have been issued against him by the Court.”
2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source
“Ms. Bensouda: I thank you, Sir, for the opportunity to once again engage with the Council on the occasion of my Office's twenty-third report on the Darfur situation. It has been more than a decade since the Security Council, through resolution 1593 (2005), referred the situation in Darfur to my Office. Resolution 1593 (2005) served as a message of hope for the victims of Darfur subjected to grave crimes under the Rome Statute that they would finally see accountability and justice for their suffering. Today, those victims" quest forjustice is as far from being realized as it was 11 years ago. More worrying still, grave crimes continue to be committed in Darfur, resulting in further victimization and suffering. This reality is to be lamented by all people ofgood conscience.”
2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source
“Libya and the Libyan people deserve peace and stability on which to secure and build their future. They deserve the rule of law and by the law, rather than lawlessness and the current climate of perpetual insecurity and flux. In conclusion, we must continue our work, albeit under difficult circumstances. Where we work together in an intelligent, reflective and coordinated manner, we can help make a difference in restoring stability in Libya. The Security Council and the international community must stay committed to Libya and help it emerge triumphant in the face of adversity. Nations are not built overnight. But to last and to withstand the challenges of the twenty-first century, they must be built on strong foundations. Justice will always serve as a central pillar.”
2016-05-26 · UN Security Council · Security Council, S/PV.7698 (2016) · source
“That recognition and meeting of the minds must translate into concrete positive changes on the ground. We are determined to do just that, in close collaboration with the Government of National Accord. I greatly appreciate the efforts of all States that have engaged and cooperated with the Office in support of our investigations in Libya, including neighbouring Tunisia and the Hashemite Kingdom of Jordan. I also encourage all States to intensify their efforts to support investigations and prosecutions of Rome Statute crimes alleged in Libya. Finally, I call upon all States that have not responded to requests for assistance to do so without further delay. State cooperation with the Office is indispensable for the success of its work in Libya and for all other situations under investigation.”
2016-05-26 · UN Security Council · Security Council, S/PV.7698 (2016) · source
“We are optimistic, however, that in the coming months we will be able to resume our functions in Libya and to accelerate our efforts to bring to justice those responsible for Rome Statute crimes, in coordination with key partners in and outside of Libya. I would like to acknowledge and commend the critically important work being carried out by the United Nations Support Mission in Libya (UNSMIL). I had the pleasure of receiving the Head of UNSMIL and Special Representative of the Secretary General, Mr. Martin Kobler, at The Hague earlier this week, and I canvassed the many areas where our respective offices can enhance cooperation in accordance with our independent mandates. Mr. Kobler and I both agreed that accountability for grave crimes under the Rome Statute was indispensable to stability and sustainable peace in Libya.”
2016-05-26 · UN Security Council · Security Council, S/PV.7698 (2016) · source
“While the Office is continuing its investigations into officials linked to the former reign of Muammar Al-Qadhafi, it is also focused on ongoing crimes in Libya. Despite resource constraints, the Office is assessing the potential to expand its investigations into those new crimes, including those alleged to have been committed by Da'esh and Ansar Al-Sharia. However, the Office recalls and stresses that States have the primary responsibility to investigate and prosecute their nationals who have joined the ranks of Da'esh, Ansar Al-Sharia and other militias operating in Libya. I must reiterate that, until my team is able to carry out investigations in Libya and the issue of resources is resolved, the Office will simply be unable to advance the investigations as rapidly as desired.”
2016-05-26 · UN Security Council · Security Council, S/PV.7698 (2016) · source
“The Mediterranean-Libya migratory route to Europe remains a popular option among refugees and migrants, who are particularly vulnerable to violence, sexual violence and ill-treatment in Libya. The detention of thousands of migrants continues to be a source of financing for many militant groups in Libya. We as the international community must take a closer look at who profits from criminal activities in Libya, and take coordinated steps to prevent further violations. This must be a priority for all who are affected by the criminal trafficking of human beings. For its part, the Office continues to carefully evaluate how to best utilize its limited resources to maximize its impact on the present situation in Libya.”
2016-05-26 · UN Security Council · Security Council, S/PV.7698 (2016) · source
“In this context, I am encouraged that arrest warrants have been issued for those individuals suspected of committing crimes, including torture, in Al-Hadba prison. Follow-up actions for their arrest and prosecution must be undertaken. I will continue to encourage and follow the Libyan authorities' efforts to investigate the allegations of torture at theprison and to bring those found responsible to justice. My Office remains concerned about ongoing civilian deaths, with reported executions by Da'esh accounting for the majority of these, although civilian deaths continue to also result from the conflict between Libya Dawn and Libyan National Army. Moreover, abductions, detentions and ill treatment in detention centres continue to be reported on all sides of the conflict.”
2016-05-26 · UN Security Council · Security Council, S/PV.7698 (2016) · source
“Abdullah Al-Senussi, the Office has received a copy of the written judgment of the Libyan court in relation to his case and has conducted a preliminary review of the judgement. At this time, the Office is not in possession of facts that would satisfy it that new facts have arisen that negate the basis on which Pre-Trial Chamber I found Mr. Al-Senussi's case inadmissible. The Office will continue to review its assessment if and when new relevant facts become available. 20. While the Appeals Chamber has recognized that, in the context of admissibility proceedings, the ICC is not primarily called upon to decide whether domestic proceedings violate certain requirements of human rights or domestic law, it is incumbent upon the Government of National Accord to ensure that the highest standards for investigations and prosecutions are met.”
2016-05-26 · UN Security Council · Security Council, S/PV.7698 (2016) · source
“Al-Qadhafi's surrender, my Office recently filed a request with Pre-Trial Chamber I for an order directing the Registry to transmit the request for arrest and surrender of Mr. Al-Qadhafi directly to Mr. Al-'Ajami Al-'Atiri. Mr. Al-'Atiri is the commander of the battalion that is detaining Mr. Al-Qadhafi in Zintan. The Pre-Trial Chamber is yet to issue its decision on this request. In the event that the request is granted, the Office hopes that Mr. Al-'Atiri and the battalion he commands will cooperate and surrender Mr. Al-Qadhafi to the custody of the Court to be tried. Should he fail to comply, the Council should consider adopting appropriate measures to ensure compliance with the Chamber's order. In relation to Mr.”
2016-05-26 · UN Security Council · Security Council, S/PV.7698 (2016) · source
“It is also important for the Government of National Accord to consult with the Pre-Trial Chamber on issues relating to the surrender of Mr. Al-Qadhafi and to seek assistance from the international community, as deemed appropriate, on how best to facilitate the surrender of Mr. Al-Qadhafi to the Court without further delay. The unique factual circumstances of this case and the lack of progress also justify the adoption of complementary, exceptional and innovative measures. It bears emphasizing that Libya has submitted to the Court that "Mr. Al-Qadhafi continues to be in custody in Zintan and is presently 'unavailable' to the Libyan State". As such, as part ofits ongoing efforts to enhance prospects for Mr.”
2016-05-26 · UN Security Council · Security Council, S/PV.7698 (2016) · source
“The international community has invested significant capital into restoring security in the country. While nascent, that growing network is beginning to take shape as it explores efforts to share essential information and strategies for tackling criminality in Libya. Those who finance or encourage the commission of grave crimes in Libya must understand clearly that they will be held accountable. As the Government of National Accord assumes its duties, we recall that Libya remains under a positive legal obligation to immediately arrest and surrender Mr. Saif Al-Islam Al-Qadhafi to the International Criminal Court (ICC) - a fact noted by the Council in resolution 2238 (2015). We urge the Government of National Accord to prioritize the transfer of Mr. Al-Qadhafi to its own custody and facilitate his surrender to the Court.”
2016-05-26 · UN Security Council · Security Council, S/PV.7698 (2016) · source
“I reiterate my previous calls on all national and international law enforcement agencies that are working on Libya to contact my Office and join it in its efforts to strengthen the network of law enforcement agencies that aim to contribute to bringing an end to civilian suffering and destruction in Libya. I remain convinced that increased cooperation between and among relevant actors, as well as coordinated investigative activities, are key to tackling national, transnational and international crimes that continue to plague Libya and to ensuring that those responsible for committing these crimes have no safe haven anywhere. In this regard, I am particularly pleased by the interest shown and efforts made thus far by national law enforcement agencies to coordinate with my Office, with each other and with the Libyan authorities.”
2016-05-26 · UN Security Council · Security Council, S/PV.7698 (2016) · source
“The support of the Council remains equally crucial. Success in Libya will therefore depend on the collective determination and will of all relevant actors to meaningfully contribute to the course of bringing perpetrators to justice and, by so doing, help deter the commission of future crimes. The threat of Da'esh and other groups proclaiming allegiance to Al-Qaida remains real, and the consequences are too costly to be ignored. They include instability and the dire humanitarian situation in Libya, which in turn result in mass migration and the spread of terrorism in the country and the region.”
2016-05-26 · UN Security Council · Security Council, S/PV.7698 (2016) · source
“Notwithstanding limited resources and the inability at the present time to conduct in situ investigations in Libya, my modest Libya team has been able to pursue leads and other avenues for collecting evidence through our investigations. My Office is continuing to carefully analyse and assess the evidence in our possession and to determine whether the requisite legal standards are met to request additional arrest warrants. In short, notwithstanding the numerous challenges that we face, my Office remains firmly committed to its mandate vis-a-vis Libya and will continue to be focused and industrious in the fulfilment of that mandate. As highlighted in my latest report, the situation in Libya requires collaboration and coordination between all relevant actors at the national, regional and international levels.”
2016-05-26 · UN Security Council · Security Council, S/PV.7698 (2016) · source
“This will demonstrate, in concrete terms, that justice and accountability constitute key Government priorities underpinning efforts to ensure peace and stability in Libya, and that the victims will have the opportunity to seek redress through the Libyan courts. Similarly, over the same period, my Office's investigations into the Libya situation have progressed, albeit at a slower pace than we would have liked due to a lack of sufficient resources and the prevailing precarious security situation in the country. Despite these challenges, our investigations are continuing to yield positive results, in large part due to the cooperation of the Libyan Prosecutor-General's Office, from which my Office has received numerous documents pursuant to the memorandum of understanding entered into by my Office and the Libyan Government in 2013.”
2016-05-26 · UN Security Council · Security Council, S/PV.7698 (2016) · source
“It is equally my Office's hope that the signing of the agreement marks the beginning of the end of the long period of turmoil and conflict in Libya. Justice, accountability and the deterrent effects of the law remain critical components for achieving lasting peace in Libya and my Office stands ready to work collaboratively with the Government of National Accord in its efforts to build a secure, peaceful and prosperous Libya for all Libyan people. To that end, I encourage the Government of National Accord to give priority to devising effective plans and strategies to address atrocity crimes and to invest in the relevant national institutions responsible for such critical work.”
2016-05-26 · UN Security Council · Security Council, S/PV.7698 (2016) · source
“President, of my Office's readiness to continue our constructive dialogue with the Egyptian authorities and to follow-up on the matters so helpfully explored in Cairo. I am confident that my Office's engagement with Egypt will lead to positive results. The past six months have witnessed significant developments in Libya's slow and difficult process towards the establishment of a unity Government. On 17 December 2015, participants in the political dialogue representing broad segments of Libyan society signed a United Nations brokered agreement on forming a Government of national unity. Secretary-General Ban Ki-moon expressed the hope that the signing of the agreement will put Libya back on the path of building a democratic State based on the principles of inclusion, human rights and the rule of law.”
2016-05-26 · UN Security Council · Security Council, S/PV.7698 (2016) · source
“Ms. Bensouda: It is a distinct honour to once again be at the Council's table to present my Office's eleventh report on the situation in Libya pursuant to resolution 1970 (2011), unanimously adopted in 2011. This honour is all the more pronounced given that I address the Council under your presidency, Sir, having just returned from a most productive official visit to Cairo, where I engaged with relevant Government ministries on issues of mutual concern, including the situation in Libya, its spillover effects and the threat of Da'esh on Egypt and, more generally, on the Middle East and North Africa. I would be remiss if I did not benefit from this occasion to reiterate my sincere appreciation for the warm hospitality extended to me and my delegation in Cairo. I assure you, Mr.”
2016-05-26 · UN Security Council · Security Council, S/PV.7698 (2016) · source
“The Council's tangible, consistent and principled support for the Court will be an important factor for not only the maintenance of international peace and security, but also the cause of international criminal justice in this new century. Indeed, the former is in many ways contingent on the latter. As detailed in my report, terrible crimes allegedly continue to be perpetrated in Darfur. Only strong and committed action by the Council and States will stop the commission of grave crimes in Darfur and ensure that the perpetrators of past crimes are held accountable. History will surely stand witness to the tenacity of our will and ability to deliver on our respective obligations.”
2015-12-15 · UN Security Council · Security Council, S/PV.7582 (2015) · source
“I encourage regular exchanges with the Council, independent of the situation-related periodic briefings, so that we may jointly brainstorm and address inter-institutional matters regarding how to strengthen the support and working methods of the Council in relation to the ICC, building on a similar and most helpful initiative organized in October 2014 under the presidency of Argentina. More opportunities for dialogue and exchange of views between the Court and the Council will be conducive to generating ideas and practical solutions, enabling the Council to more effectively respond to ICC-related matters. Ending impunity for the world's most destabilizing and gravest crimes is not the prerogative of one single institution. It is a collective responsibility with humankind as a whole as its beneficiary.”
2015-12-15 · UN Security Council · Security Council, S/PV.7582 (2015) · source
“In that regard, I thank the Council members who are tirelessly working to ensure that communications from the Court receive the attention they deserve by the Council. Ultimately, this body must recognize its crucial role vis-a-vis those States, including the Sudan, that have been found to be in non-compliance by the Court and fully assume its responsibilities to advance the objectives of the Rome Statute. I conclude my remarks this morning by making the following observation. The interplay between the Court and the Council is entrenched in the founding treaty of the ICC, and hence is here to stay. It is reasonable to expect that with time and increased inter-institutional interaction, the burgeoning relations between those two important institutions will develop further and evolve.”
2015-12-15 · UN Security Council · Security Council, S/PV.7582 (2015) · source
“I take this opportunity to once again recall the provisions of article 115(b) of the Rome Statute in accordance with which funds of the Court may be provided by the United Nations, in particular in relation to the expenses incurred due to referrals by the Council. The situation in Darfur is one such referral, and it is incumbent upon the Council to help support and devise innovative ways of providing the much needed resources for my Office's investigative activities. Victims of Darfur have been let down for far too long. IfI may be so bold, the Council must do more to demonstrate its commitment to Darfur, Sudan. It must confidently play its part in facilitating the arrest of suspects against whom the Court has issued warrants of arrest. It must act concretely on the Court's non-compliance communications.”
2015-12-15 · UN Security Council · Security Council, S/PV.7582 (2015) · source
“The criminal justice process that commenced with the Court's issuance of arrest warrants against Mr. Al-Bashir and other suspects in the situation must be adequately supported. I must also emphasize that my Office's ability to effectively and fully discharge the mandate the Council entrusted to it is hampered by lack of resources. The level of investigative activities in Darfur is necessarily a function of capacity and resource constraints. I have stressed similar concerns in various other contexts, including in my most recent briefing (see S/PV.7549) before the Council last month.”
2015-12-15 · UN Security Council · Security Council, S/PV.7582 (2015) · source
“They deserve tangible justice, and they deserve to see that justice is being done. What is required is concrete andjoint action by the Council, the States and the Court to achieve real progress. Without arrest and surrender, the Council will not be able to deliver on the promise to hold accountable those alleged to be responsible for committing Rome Statute crimes in Darfur, neither will it be able to facilitate sustainable peace and security in the Sudan. Whether it be in the former Yugoslavia, Rwanda or Sierra Leone, the Council has repeatedly demonstrated that where there has been widespread commission of atrocity crimes against thousands of victims, peace and reconciliation cannot be fully achieved unless and until those responsible for the crimes are held accountable. The same rationale applies to Darfur.”
2015-12-15 · UN Security Council · Security Council, S/PV.7582 (2015) · source
“Contrary to the misinformed belief that investigations in Darfur have been closed, a team of committed lawyers and investigators from my Office is continuing with its work of interviewing witnesses, collecting documentary evidence and seeking information from relevant sources. My team is also continuously reviewing the evidence and following leads. In short, notwithstanding the challenges present, we are doing everything we can within our mandate and means. Our resolve to fully meet our mandate vis-a-vis Darfur remains unshaken. Let me be clear that the arrest warrants against all Sudanese fugitives remain in full force and effect, and my Office will continue its efforts to do everything feasible within its powers to press for their arrest and surrender. The victims of Darfur will no longer find solace in our words.”
2015-12-15 · UN Security Council · Security Council, S/PV.7582 (2015) · source
“In the case of the Sudan, the Council, which referred the situation in Darfur to the ICC, has important responsibilities to ensure that States uphold their obligations. I can only reiterate my appeals to the Council to take appropriate measures within its powers to ensure that all Darfur situation fugitives are apprehended and brought to justice for the sake of the victims. Today, my message to the victims in Darfur is clear and unequivocal - we shall not stop our work and we shall not despair. My Office remains firmly committed to its legal mandate with respect to Darfur, Sudan. We will also continue our principled approach and will repeatedly call upon the Council to more robustly support our work. Victims of atrocity crimes in Darfur should rest assured that the cases against the Sudan suspects are far from over.”
2015-12-15 · UN Security Council · Security Council, S/PV.7582 (2015) · source
“My Office's numerous reports to the Council over the years must offer little, if any, solace to victims of atrocity crimes in Darfur. Despite my repeated requests for the Council to take action with respect to the Sudan's blatant disregard of its obligations, and in Violation of this Council's resolutions, my appeals continue to be unheeded. As my Office's reports have indicated, Mr. Al-Bashir is not only a fugitive from justice who continues to travel across international borders, but he also harbours other fugitives and refuses to facilitate their surrender and transfer to the ICC to be tried. My Office, and indeed the Court as a whole, do not have powers of arrest. Those powers rest with States.”
2015-12-15 · UN Security Council · Security Council, S/PV.7582 (2015) · source
“I observe with great regret that the adoption of each resolution has, in practical terms, amounted to no more than an empty promise. Year after year, victims' hopes and aspirations forjustice and a durable peace have been dashed. Instead, the people of Darfur have continued to endure desolation, alleged gross violations of human rights, indiscriminate killings, mass rape and sexual abuse, while the individuals against whom ICC arrest warrants have been issued and who may be implicated in those crimes continue to evade justice. Countless victims have been demoralized. After all, who can blame them when attaining justice appears so remote, not least because of the absence of adequate follow-up and support from the Council? Their frustration and resignation in the face of inaction must weigh heavily on our collective conscience.”
2015-12-15 · UN Security Council · Security Council, S/PV.7582 (2015) · source
“It was on that basis that the Council decided to refer the Darfur situation to the Office of the Prosecutor of the Court so that those alleged to be responsible for Rome Statute crimes may be investigated and prosecuted. As recently as 29 June, in resolution 2228 (2015) the Council reiterated yet again, as it has done in so many of its previous resolutions, that the situation in the Sudan constitutes a threat to international peace and security. Starting with resolution 1593 (2005), each of the resolutions adopted by the Council has represented the hope that the victims of grave crimes allegedly committed in Darfur will not be forgotten, that those responsible for their suffering will be held accountable and that peace and tranquillity will return to their lives, families and communities.”
2015-12-15 · UN Security Council · Security Council, S/PV.7582 (2015) · source
“Ms. Bensouda: Each time I appear before the Security Council to brief its members on judicial developments at the International Criminal Court (ICC) and to update its members on the activities of my Office with respect to the situation in Darfur, I wish I could declare that at last the victims of the protracted and incessant conflict in Darfur will soon see justice and that persons alleged to be responsible for Rome Statute crimes in Darfur will soon be held accountable before the Court. Unfortunately, the reality is that the individuals against whom the ICC arrest warrants have been issued remain at large. Ten years have elapsed since the Council concluded that the situation in Darfur, Sudan, constituted a threat to international peace and security.”
2015-12-15 · UN Security Council · Security Council, S/PV.7582 (2015) · source
“Some of the evidence and persons of interest to my Office are located outside of Libya and can be accessed only through the cooperation of States. Ending impunity for atrocity crimes in Libya is an important goal that is both achievable and necessary for sustainable peace and stability in the country. It is also a goal that only be met can through the joint action, commitment and substantial support of all the relevant actors.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source
“The Office appreciates the cooperation it continues to receive from both States parties and non-States parties, as well as international organizations, in the Libya situation, and we look forward to strengthening efforts and synergies to assist Libyan authorities in their efforts to build the rule of law in Libya. In this regard, I reiterate my previous calls for assistance to Libya in strengthening its national capacity to respond to Rome Statute crimes through the formation of an international contact group on justice issues. The recent gains towards the establishment of the Libyan Government of national accord and national unity may indeed increase the prospects for reviving discussions on this proposal in the near future. Similarly, I appeal to all other States that have not yet done so to engage and cooperate with my Office.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source
“Pursuant to resolution 1970 (2011), the Council decided that "the Libyan authorities shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to this resolution" (resolution 1970 (2011), para. 5). This important declaration has been reiterated in subsequent resolutions of the Council. Continued cooperation, consultation and coordination between my Office and the Libyan authorities remain crucial for the implementation of the memorandum of understanding concluded in November 2013 on burden-sharing regarding investigations and prosecutions in Libya.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source
“I remain equally concerned that all sides - including the Libyan national army, Libya Dawn and the so-called Islamic State in Iraq and the Levant (ISIL) and their respective allies, and international actors - continue to commit attacks resulting in civilian casualties. Examples of these crimes have been set out in detail in my tenth report to the Council. My Office recalls that those responsible for these crimes can be prosecuted either at the national level or at the ICC. I reiterate here my Office's willingness and commitment to undertaking further investigations in Libya, but stress once again the need for States parties and the Council to ensure adequate funding to my Office for this purpose.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source
“My Office's assessment of the information at its disposal at this stage is that it does not support an application for a review of the Pre-Trial Chamber's decision an the admissibility of the case against Al-Senussi. This position is necessarily limited to the information the Office currently has in its possession and is subject to change in accordance with reliable information that it may receive in the future. My Office continues to monitor the situation in Libya and is concerned that large-scale crimes, including those under ICC jurisdiction, are being committed by all parties to the conflict.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source