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

“In the almost 10 years that my Office has been reporting to the Council, no strategic recommendation has ever been provided to my Office, and neither have there been any discussions resulting in concrete solutions to the problems we face in the Darfur situation. We find ourselves in a stalemate that can only embolden perpetrators to continue with their brutality. As I have stated previously on many occasions, we must engage to define a new approach to the Darfur situation. That requires strategic thinking and changes from all sides.”
2014-12-12 · UN Security Council · Security Council, S/PV.7337 (2014) · source
“It is becoming increasingly difficult for me to appear before the Council to update it when all I am doing is repeating the same things I have said over and over again, most of which are well known to the Council. Not only does the situation in Darfur continue to deteriorate, the brutality with which crimes are being committed has become more pronounced. Women and girls continue to bear the brunt of sustained attacks on innocent civilians, but the Council has yet to be spurred into action. Victims of rapes are asking themselves how many more women must be brutally attacked for the Council to appreciate the magnitude of their plight.”
2014-12-12 · UN Security Council · Security Council, S/PV.7337 (2014) · source
“Ms. Bensouda: The purpose of the regular reports that I am requested to provide to the Council is to update it on developments and progress in the investigation and prosecution of those alleged to be responsible for the commission of crimes in Darfur. Following my Office's investigations and submissions of evidence to the judges, and their independent assessment, the judges have concluded that the evidence provided to them established that certain individuals in the Sudan should be brought before the International Criminal Court to answer charges, including allegations of rape. To date, none of those individuals have been brought to justice, and some of them continue to be implicated in atrocities committed against innocent civilians.”
2014-12-12 · UN Security Council · Security Council, S/PV.7337 (2014) · source
“The Libyan people's hopes and aspirations for a peaceful and stable State that thrives and sits firmly on the pillars of justice and accountable Government are yet to be realized. We therefore owe it to them to coordinate our efforts more effectively to promote a peaceful and just solution to the current situation in Libya. In accordance with its mandate, my Office is certainly attempting to do its part in strengthening justice and accountability for international crimes in Libya and is coordinating, as appropriate, with the Libyan authorities. There is certainly room for all of us to do more. To be sure, we must not fail Libya, but Libya must also not fail itself.”
2014-11-11 · UN Security Council · Security Council, S/PV.7306 (2014) · source
“I must emphasize that from the perspective of the jurisdiction of the International Criminal Court, the mass displacement of the Tawerghans remains an issue of concern to my Office and, undoubtedly, to the international community a whole. I am confident that I share this concern with members of the Council, and I hope that within the next six months, the representatives of Tawergha and Misrata will be able to update the Council on the progress they have made in redressing the displacement of the inhabitants of Tawergha. In conclusion, it is worth recalling that it was for reasons of peace and security, and, indeed, the suffering and plight of the Libyan people that the Council galvanized to unanimously adopt resolution 1970 (2011), and, more recently, resolution 2174 (2014).”
2014-11-11 · UN Security Council · Security Council, S/PV.7306 (2014) · source
“As the Secretary-General has noted, "The handover of all detainees to the effective control of the State is a prerequisite for the establishment of the rule of law in Libya" (S/20l4/653, para. 97). It is incumbent upon the Government of Libya to ensure that detainees are either tried within a reasonable time and with full respect for their due-process rights, or released. The time is also past due for the resolution of the Tawergha issue. My Office has encouraged the Libyan authorities to facilitate a visit by representatives from the local councils of Misrata and Tawergha to New York to meet and engage with Council members. It is envisaged that the visit could materialize next week. The main purpose of the visit is for those representatives to make their efforts better understood.”
2014-11-11 · UN Security Council · Security Council, S/PV.7306 (2014) · source
“As concerns the trial of Abdullah Al-Senussi in Libya, my Office is closely monitoring developments in the case, following on recent contacts with the Libyan authorities and independent trial monitors. The ongoing violence and alleged threats to judges, prosecutors and lawyers do not augur well for a fair trial that respects all of the rights of an accused person. On the basis of the information collected and the status of any progress made, I will assess my options in due course, including whether to apply for a review of the judges' decision upholding Libya's request that the case against Al-Senussi be tried in Libya. Similarly, my Office remains very concerned about the number of individuals in detention, some of whom reportedly lack access to due process and may be subject to torture and death in custody.”
2014-11-11 · UN Security Council · Security Council, S/PV.7306 (2014) · source
“To that end, I would be remiss if I did not benefit from the audience before the Council today to stress that the continued failure of the Government of Libya to surrender Saif Al-Islam Al-Qadhafi to the custody of the International Criminal Court is a matter of great concern to my Office and the Court. In the past, the Council has expressed its displeasure at that failure to discharge a clear legal obligation. Libya must demonstrate its commitment to justice and accountability for mass crimes by fulfilling its obligations towards the Court and the Council. I take this opportunity before the Council to once again call on Libya to immediately surrender Saif Al-Islam Al-Qadhafi to the custody of the International Criminal Court.”
2014-11-11 · UN Security Council · Security Council, S/PV.7306 (2014) · source
“As I have stated in another context, including at the recent open debate in the Council on 23 October (see S/PV.7285), the continuing disparity between resources and expectations risks systematic underperformance that will harm not only the Court and its mandate, but also the credibility of the Council. This is particularly pertinent for situations that have been referred to the International Criminal Court by the Council. I encourage the Council to take this fact into consideration in the light of the urgent need to revitalize the Libya investigation. My Office is committed to ensuring that justice and accountability are respected and advanced in Libya.”
2014-11-11 · UN Security Council · Security Council, S/PV.7306 (2014) · source
“I look forward to building on that fruitful meeting and to working with the Libyan authorities to address the most urgent cases and to take further steps toward closing the impunity gap in Libya. An unfortunate reality, however, remains: the combined effect of instability and lack of resources has severely undermined my Office's investigative efforts in Libya. This means that we have been obliged to scale down resources for investigations in the country, in effect limiting our ability to investigate, among others, new instances of mass crimes allegedly committed by the rebel forces. My Office will have to prioritize its work and divert the limited resources at its disposal as it strives to complete its investigations to be trial-ready in other cases where the judicial process has already been triggered.”
2014-11-11 · UN Security Council · Security Council, S/PV.7306 (2014) · source
“Recently, the focal point of the Government of Libya arranged a key meeting outside of the country between members of my investigation team and Libyan national investigators. That constructive meeting provided an avenue for valuable exchanges of information and ensured plans for follow-up meetings. The meeting laid the groundwork for coordination in the investigation and prosecution of individuals of concern to both my Office and the Libyan authorities. My investigation team, I must acknowledge, was impressed with the commitment and professionalism displayed by the Libyan national investigators, who are undertaking their work in difficult circumstances.”
2014-11-11 · UN Security Council · Security Council, S/PV.7306 (2014) · source
“I urge the Libyan authorities to expend all efforts, including by coordinating closely with the United Nations and my Office, to ensure that the necessary conditions are in place as soon as possible so as to facilitate our investigations in Libya. Moreover, contact with the Libyan Government has been largely confined to our liaison with the focal point. Given the prevailing circumstances in Libya, it has been difficult for the focal point to facilitate effective contacts and secure much-needed assistance from the relevant national authorities to facilitate my Office's investigative efforts. As a result, progress with regard to the implementation of the memorandum of understanding between my Office and the Government of Libya has been slow. Notwithstanding those challenges, we are attempting to forge ahead.”
2014-11-11 · UN Security Council · Security Council, S/PV.7306 (2014) · source
“President, that my Office will do all it can to support that kind of coordination as a form of cooperation that will lead to our own investigative and prosecutorial work becoming more efficient and having more of an impact, and which will reinforce the signal to the Libyan authorities that they are not alone in facing the current challenges. I cannot stress enough the deleterious impact that the unstable political and security situation in Libya has had and continues to have on my investigations. While my Office remains steadfast in its commitment to continue to pursue its mandate in Libya, the security situation has significantly hampered our ability to effectively investigate in the country.”
2014-11-11 · UN Security Council · Security Council, S/PV.7306 (2014) · source
“I can only reiterate my previous calls to key partners of the Government of Libya to provide it with the necessary support and to restore security and cultivate accountability for international crimes in the country. To be more responsive in providing such critical assistance, the possibility of forming an international contact group on justice issues through which material, legal and other support could be provided to Libya ought to be explored. Such a forum should help to focus attention on specific problems facing Libyan authorities and assist supportive States in coordinating their own efforts with those of the International Criminal Court and Libya. For our part, let me assure you, Mr.”
2014-11-11 · UN Security Council · Security Council, S/PV.7306 (2014) · source
“The Council has reiterated its support to the people of Libya and encouraged their continued and firm commitment to the establishment ofa stable and prosperous State based on national reconciliation, justice, respect for human rights and the rule of law. Unfortunately, the Council's calls for political dialogue and refraining from violence and actions that challenge the stability of the State have gone unheeded. The international community could be more proactive in exploring solutions in order to tangibly help restore stability and strengthen accountability for Rome Statute crimes in Libya. For its part, the Libyan Government is encouraged to be more specific in seeking such assistance.”
2014-11-11 · UN Security Council · Security Council, S/PV.7306 (2014) · source
“A more worrisome aspect of the deteriorating situation is the ongoing spate of assassinations in Benghazi and the threats to media workers, human rights defenders and women in particular, and to prosecutors, judges and lawyers. There are indeed indications that crimes that fall within the jurisdiction of the International Criminal Court are being committed. Those troubling developments are clear signs that Libya is moving down the wrong path in its transition to what was hoped would be a peaceful country that respects and pays homage to justice, accountability and the rule of law. Over the years, the Council has expressed its grave concern at the worsening security situation and the political divisions that threaten to undermine the aspirations of the Libyan people.”
2014-11-11 · UN Security Council · Security Council, S/PV.7306 (2014) · source
“Ms. Bensouda: I welcome this opportunity to once again engage with the Council as I present my Office's eighth report on Libya. At the outset, I note with regret that, as we are gathered here today, the security situation in Libya is worsening. Political instability is growing and, unfortunately, an environment is developing that clearly cannot be conducive to closing the impunity gap in Libya. This of course is an issue of concern for me and my Office. Since my most recent report to the Council on Libya, in May of this year (see S/PV.7173), the situation in the country has deteriorated. Despite the June 2014 elections, Libya is currently split, with two Governments vying for legitimacy.”
2014-11-11 · UN Security Council · Security Council, S/PV.7306 (2014) · source
“I look forward to further interaction on specific challenges, and to seeking the intersections and synergies between the ICC's and the Council's separate and independent mandates that will move us forward in terms of our effectiveness in the pursuit of humankind's yearning to end impunity for mass crimes that shock our collective conscience and threaten the peace, security and well-being of the world. The time for general discussions is coming to fruition. Let us delve into the details and find concrete solutions to face the specific challenges that will make the greatest difference to the Victims of mass atrocities, and for the benefit of the maintenance of international peace and security.”
2014-10-23 · UN Security Council · Security Council, S/PV.7285 (2014) · source
“Lastly, given that my Office is currently in the process of discussing its proposed 2015 budget with the Court's States parties, this is an opportune moment to equally inform the Council that the lack of State or United Nations financing for Security Council referrals has a real impact on the ability of my Office to conduct full and effective investigations in the Darfur and Libya situations. I encourage the Council to take this fact into consideration in the light of the urgent need to revitalize both of those investigations. Let me conclude by thanking the Council for this opportunity to speak candidly about the needs of the International Criminal Court to effectively execute its mandate.”
2014-10-23 · UN Security Council · Security Council, S/PV.7285 (2014) · source
“The focal point could make constructive recommendations to the Council about how to facilitate effective investigations and thereby ensure fuller follow-up to the Council's resolutions referring situations to my Office. Finally, a designated focal point could address the question of the outstanding response of the Security Council to the ICC's findings of non-cooperation, and subsequent correspondence with the Council. It is not only a question of focusing on non-cooperation on the part of specific States, but of looking more positively and proactively at how to encourage cooperation as specific challenges arise.”
2014-10-23 · UN Security Council · Security Council, S/PV.7285 (2014) · source
“If a focal point could take the lead in coordinating United Nations, ICC, Assembly of States Parties and individual State efforts to proactively track and document the whereabouts, activities and travel agenda of accused persons wanted by the ICC, and could survey and monitor obligations and responses of States vis-a-vis the arrest of those individuals, such detailed information could help to better inform Security Council discussions about how to promote follow-up. That could also include whether to add elements of arrest strategy in peacekeeping mandates. A designated focal point for interaction between the Security Council and the ICC could also help to document specific problems and progress achieved in securing bilateral cooperation.”
2014-10-23 · UN Security Council · Security Council, S/PV.7285 (2014) · source
“I also hope that our deliberations will include serious discussions and commitment about designing effective arrest strategies. It is my sincere hope that the Council can definitively call on all Member States to provide the necessary assistance. The Council assumes a crucial role in the emerging system of international criminal justice and must embrace that role with all the opportunities for constructive engagement that it provides. Again, a focal point for interaction between the Council and the ICC could be of practical assistance.”
2014-10-23 · UN Security Council · Security Council, S/PV.7285 (2014) · source
“Similarly, stronger language on State obligations regarding privileges and immunities afforded to ICC staff, as well as external counsel and their respective team members, involved in ICC proceedings when operating in situation countries referred to the Court by the Council could also be helpful. There are many instances in which the ICC needs to call upon non-States parties to the Rome Statute for their assistance. While many have responded positively, those that have not have effectively provided a safe haven for individuals against whom warrants of arrests have been issued by the ICC. I believe stronger language from the Council on this matter would be helpful to reiterate the need to fully cooperate with the Court and to uphold its judicial rulings.”
2014-10-23 · UN Security Council · Security Council, S/PV.7285 (2014) · source
“If the Council's repeated resolutions calling for disarmament of the Janjaweed had been respected, for example, it would have almost certainly had an impact on the implementation of resolution 1593 (2005) and on my Office's investigations. We must look at situations in their totality to understand how to contribute to ending impunity therein. I respectfully call on the Council to consider using stronger language in its referrals, similar to the language used in past Council resolutions requiring cooperation from all States with the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda. The language of the Darfur and Libya resolutions leaves a fair amount of ambiguity as to whether all States are obliged to cooperate.”
2014-10-23 · UN Security Council · Security Council, S/PV.7285 (2014) · source
“Those activities would help to assess the progress achieved, identify challenges and areas in need of improvement and to facilitate enhanced coordination among the actors, with the goal of greater follow-up to the relevant Security Council resolutions. As I have highlighted in previous briefings, follow-up on referrals is a concern for my Office, and I know it is one that we share with the Council. As with the Darfur situation, failure to implement aspects of resolutions referring situations to the ICC can reflect a much deeper problem. For example, by my Office's count, as of last June the Council had adopted 55 resolutions on the Sudan, with very few of them implemented. That suggests that resolutions requiring follow-up for each relevant situation should be reviewed collectively as well as individually.”
2014-10-23 · UN Security Council · Security Council, S/PV.7285 (2014) · source
“It may make sense to identify a mechanism similar to the Office of the Ombudsperson for sanctions regimes, with someone who could help to secure the necessary resources of the Secretariat, States and other actors to address follow-up challenges on a case-by-case basis. Such a mechanism could also ensure that these efforts are properly documented for purposes of lessons learned and further refining our approach. With the help of my Office and other relevant actors, such a focal point could organize situation-specific activities, not just on referral situations but on situations of common interest, such as Central African Republic or Mali, bringing together all the relevant actors from the United Nations, States and elsewhere.”
2014-10-23 · UN Security Council · Security Council, S/PV.7285 (2014) · source
“A pertinent example is the urgent need to confidentially lift travel bans for persons who have to be transferred to ICC. I have full confidence in the current Ombudsperson, Ms. Kimberly Prost, and my Office and I look forward to the opportunity to work with her in the future. As for the concept note's second subject - the follow-up of Security Council referrals to the ICC - our work together could similarly benefit from a focal point. That focal point could take the form of the Working Group on International Tribunals, although I am open to discussions about the advantages and disadvantages of different approaches.”
2014-10-23 · UN Security Council · Security Council, S/PV.7285 (2014) · source
“As it currently stands, almost all of the Security Council's sanctions regimes that overlap with situations under investigation by the ICC have included individuals against whom warrants of arrests have been issued by the ICC on their lists. This is true in particular for the situations of the Democratic Republic of the Congo, Cote d'Ivoire and the Central African Republic. The biggest exception to this rule has been the Darfur situation. None of the four individuals under ICC warrants of arrest have been successfully included in the Darfur sanctions list established under resolution 1590 (2005). The individuals included have been subject to travel bans and assets freezes. There are important areas of convergence between the sanctions regimes and the work of the ICC as a whole that would benefit from a single focal point to address them.”
2014-10-23 · UN Security Council · Security Council, S/PV.7285 (2014) · source
“It is important that States parties within and outside the Council work together and with one voice to make the most of the opportunities afforded by the Council for the promotion of justice and the international rule of law, and to think proactively about how the Council, the Assembly of States Parties and the International Criminal Court can work in concert, within their respective mandates, to advance these crucially important goals. My Office has taken note of the concept notc's recommendation that the mandate of the Ombudsperson created by resolution 1904 (2009) be extended to all sanctions committees, bearing on the experience of the Office of the Ombudsperson within the Al-Qaida sanctions regime. I agree with this recommendation.”
2014-10-23 · UN Security Council · Security Council, S/PV.7285 (2014) · source
“We believe that the rights of women and children - indeed, the rights of all civilians in times of conflict, the protection of peacekeeping missions and the rule of law - are topics of common importance to both our institutions, as is the crucial role justice plays in relation to the maintenance of international peace and security. This open debate takes place almost exactly two years after a similar meeting was organized by Guatemala on 17 October 2012 (see S/PV.6849). Since then, I have been pleased to see increasing interaction between my Office and the Council on both the formal and informal levels. I would like to thank in particular States parties to the Rome Statute that have served on the Council for their commitment to bringing the International Criminal Court into the discussions.”
2014-10-23 · UN Security Council · Security Council, S/PV.7285 (2014) · source
“Ms. Bensouda: I am grateful to the presidency of Argentina for inviting me to join this open debate before the Council and for preparing the extremely helpful concept paper (S/20l4/725, annex) to help steer our discussions this morning. I always welcome the opportunity to brief the Council in its public meetings. Indeed, my Office, and the Court as a whole, see the importance in engaging on various issues, including on how to advance dialogue on specific situations under investigation and prosecution by the International Criminal Court (ICC), as well as on thematic issues of mutual concern to both our organizations.”
2014-10-23 · UN Security Council · Security Council, S/PV.7285 (2014) · source
“In that regard, I kindly call on all States and the Council to find creative ways to support those among them that may be most vulnerable to planned visits by Mr. Omer Al-Bashir or other individuals wanted under ICC arrest warrants. I thank the members of the Council for their attention and for remaining actively seized of the Darfur situation. Darfur does not have to be a failure for the Council, for the United Nations or for the International Criminal Court. It is incumbent upon all of us to take concrete and effective action now to ensure that our efforts to protect victims in Darfur show tangible results and do not go down in history as an indefensible failure.”
2014-06-17 · UN Security Council · Security Council, S/PV.7199 (2014) · source
“The Government of the Sudan, as the territorial State, has the primary responsibility and is fully able to implement the warrants, consistent with its sovereign authority. It has consistently failed to do so. At the same time, it has also failed to provide any meaningful measure ofjustice at the national level. I look forward to constructively interacting with the Council on the Darfur issue. What is needed is a dramatic shift in the Council's approach to arresting Darfur suspects. I appreciate the efforts being made to ensure that the Council produces a substantive response to the eight outstanding communications from the Court. Likewise, I believe that concerted efforts to promote cooperation with the Court may help to fill the gap.”
2014-06-17 · UN Security Council · Security Council, S/PV.7199 (2014) · source
“Attacks on students, on civil society and on local leaders - in particular the 21 January attack in Zalingei, in central Darfur, in the course of which security forces attacked and beat students who were protesting military fees imposed on residents in support of military operations - are also very disturbing. Equally disturbing is the 3 April attack at the University of Nyala, in South Darfur, during which approximately 100 students were beaten and dispersed with tear gas, with seven arrested. That followed a demonstration against the arrest of four students who had criticized the Government over ongoing killings, lootings and burnings in Darfur. The use of violence against unarmed civilians must be addressed. Let me repeat what I have stated to the Council many times before.”
2014-06-17 · UN Security Council · Security Council, S/PV.7199 (2014) · source
“In 12 of the 17 reported attacks, civilian villages were set ablaze. In the majority of the attacks, the presence of rebels in the attacked areas is not reported, while in others the information available is ambiguous. All of the attacks were carried out in areas located in South and North Darfur. This reporting period has also witnessed an increasing pattern of gang rapes of women and girls. I have just released a comprehensive policy paper on sexual and gender-based crimes. My Office recognizes that sexual and gender-based crimes are among the gravest of crimes under the Rome Statute. The policy paper will guide the Office's work in this area in Darfur and all other situations under the jurisdiction of the International Criminal Court.”
2014-06-17 · UN Security Council · Security Council, S/PV.7199 (2014) · source
“The deliberate obstruction of humanitarian aid must end. Equally worrying are the ongoing patterns of aerial bombardments and armed attacks on civilian populations by militia and Janjaweed, and in particular the involvement of the newest iteration of the J anj aweed, the Rapid Support Forces, led by Mohamed Hamdan. It is particularly disturbing that in February the Rapid Support Forces shifted their operations from North Kordofan to Darfur. My Office's factual indicators seem to illustrate a similar pattern of indiscriminate and disproportionate attacks on civilians by the Rapid Support Forces. In all the reported attacks, crimes against civilians were allegedly committed from the end of February onwards, coinciding with the deployment of the Rapid Support Forces to Darfur.”
2014-06-17 · UN Security Council · Security Council, S/PV.7199 (2014) · source
“Otherwise, if there is no follow- up action on the part of the Security Council, any referral by the Council to the ICC under Chapter VII of the United Nations Charter would never achieve its ultimate goal, namely, to put an end to impunity." Accordingly, the Chamber concluded, "any such referral would become futile." I share the deep concern of UNAMID's Deputy Joint Special Representative for Political Affairs, Joseph Mutaboba, and the United Nations Resident and Humanitarian Coordinator in the Sudan, Ali Al-Za'tari, about the increasing violence in Darfur and the immense number of people who continue to be displaced. I likewise deplore the increasing constraints being put on those who are trying to aid the displaced, making it more and more difficult for them even to properly monitor the conditions of the displaced.”
2014-06-17 · UN Security Council · Security Council, S/PV.7199 (2014) · source
“In that regard, it is worth recalling that in addition to the obligations ofthe Rome Statute, all States Members of the United Nations have been urged by the Council to cooperate with the Court's investigations and prosecutions in Darfur. As the Pre-Trial Chamber recently emphasized, "When the Security Council, acting under Chapter VII of the United Nations Charter, refers a situation to the Court as constituting a threat to international peace and security, it must be expected that the Council would respond by way of taking such measures which are considered appropriate, if there is an apparent failure on the part of States parties to the Statute or the Sudan to cooperate in fulfilling the Court's mandate as entrusted to them by the Council.”
2014-06-17 · UN Security Council · Security Council, S/PV.7199 (2014) · source
“States parties are clearly obliged to cooperate with the ICC in arresting and surrendering those subject to ICC warrants. In a recent Chamber decision, the judges made it clear that States parties must consult with them about any problems they have identified that may hinder their cooperation with the Court in effecting arrests. On the issue of immunity, the judges also found that there could be no lack of clarity about Mr. Omer Al-Bashir's lack of immunity under article 27 of the Rome Statute. The question of Mr. Bashir's travels remains a matter before the Council. Such travels are not simply a challenge for the States parties that he may visit, it is a challenge for all States to provide the necessary support and assistance to one another to ensure that an effective arrest and surrender can take place.”
2014-06-17 · UN Security Council · Security Council, S/PV.7199 (2014) · source
“Without such an ongoing assessment, both before and after contacts with those subject to the Court's arrest warrants, the potential for those individuals to take advantage of the goodwill of the United Nations to legitimize their own actions is great. In order to dispel misperceptions about United Nations engagements with indictees, the Organization might wish, to the extent that it is possible, to make public all its contacts with those subject to ICC warrants of arrest, including, as far as is necessary, providing explanations of why such contacts are deemed to have been strictly required for carrying out essential United Nations-mandated duties. We have taken note of Mr. Omer Al-Bashir's travels during this reporting period, including his visits to States that are party to the Rome Statute.”
2014-06-17 · UN Security Council · Security Council, S/PV.7199 (2014) · source
“The victims in Darfur, and the peacekeepers who have sacrificed their lives, deserve better. We all do. It is to be hoped that the Council - and, indeed, the United Nations as a whole - will take immediate and concrete steps to establish the full facts and take appropriate action if the allegations prove to be well-founded. The implementation of the non-essential contacts policy, particularly with regard to the Darfur situation, deserves closer scrutiny within the United Nations system. As my Office suggested in its June 2013 report (see S/PV.6974), the application of the non-essential contacts policy requires a rigorous assessment as to Whether such contacts are indeed strictly required for carrying out essential United Nations-mandated duties.”
2014-06-17 · UN Security Council · Security Council, S/PV.7199 (2014) · source
“The time is long overdue for the Government of the Sudan's consistent defiance of Security Council resolutions to be met by decisive action from the Council. Recent allegations that reporting from the African Union-United Nations Hybrid Operation in Darfur (UNAMID) has been subject to manipulation, with the intentional effect of covering up crimes committed against civilians and peacekeepers, in particular those committed by the Government of the Sudan, should be a matter of concern for all of us. These allegations call for a thorough, independent and public inquiry. While the responsibility for such manipulation may lie with a handful of individuals, it impugns the credibility of the mission as a whole and deprives advocates of peace and justice of an essential tool for evaluating the ever-evolving situation in Darfur.”
2014-06-17 · UN Security Council · Security Council, S/PV.7199 (2014) · source
“The Court remains firmly convinced that enforcing warrants of arrest in Darfur is a key element of peace and stability and of ending the victims' suffering. Today we are in the same position we have been in since 2007, when warrants of arrests were issued against Mr. Ahmad Harun and Mr. Ali Kushayb. Even with the addition of another three arrest warrants - two for Mr. Omer Al-Bashir in 2009 and 2010, and one for Mr. Abdel Raheem Hussein in 2012 - the situation has not changed. It is a sad reality that action from the Council has not been forthcoming when it matters most for Darfur's victims. That not only reflects badly on the international criminal justice system, of which the ICC is only a part, it also greatly undermines the Council's credibility as an instrument of international peace and security.”
2014-06-17 · UN Security Council · Security Council, S/PV.7199 (2014) · source
“The reality is that the International Criminal Court's judicial process cannot take place without arrests. Darfur suspects remain at large and no meaningful steps have been taken to apprehend them and bring them to justice. To be clear, the Court does not have the power to arrest indictees. It is the responsibility of States and others to arrest and surrender indictees to the custody of the International Criminal Court. There are critical questions to which Darfur's victims are seeking answers from the Council. How much longer will legality and accountability be sacrificed at the altar of political expediency? How much suffering should Darfur's victims endure for the Council to act decisively on the situation in Darfur?”
2014-06-17 · UN Security Council · Security Council, S/PV.7199 (2014) · source
“Over the past years, a number of players, including the International Criminal Court, the United Nations and others, have been engaged in efforts to bring justice and other forms ofreliefto Darfur's victims. The time has now come for us to take a critical look at the impact of all our efforts vis-a-vis Darfur. What have we achieved, in concrete terms? Have we lived up to the expectations of Darfur's victims? Sadly, the intellectually honest answer is a resounding "no". While the International Criminal Court may have significantly contributed to raising awareness of the massive and systematic crimes committed in Darfur, the Court's best contribution to ending impunity - through a judicial process that independently, fairly and impartially assesses the evidence and determines guilt or innocence - is yet to be achieved.”
2014-06-17 · UN Security Council · Security Council, S/PV.7199 (2014) · source
“Ms. Bensouda: Today's briefing marks the nineteenth visit of the Office of the Prosecutor of the International Criminal Court to the Council to update its members on the situation in Darfur. December 2014 will mark the twentieth such briefing, and March 2015 will mark 10 years since the Council referred the Darfur situation to the International Criminal Court. None of these milestones gives cause for celebration. In the close to 10 years since the Council's much-lauded referral of the situation in Darfur to the International Criminal Court (ICC), systematic and widespread crimes have continued to be committed with total impunity in Darfur. It is indeed an understatement to say that we have failed the Darfur victims who continue to bear the brunt of those crimes.”
2014-06-17 · UN Security Council · Security Council, S/PV.7199 (2014) · source
“I again stress that the memorandum of understanding is intended to foster cooperation and reinforce both parties' obligations to investigate and prosecute crimes, and that it does not apply to or affect the ongoing judicial proceedings in either the Saif Al-Islam Al-Qadhafi or the Al-Senussi cases. Let me conclude by encouraging the Government of Libya to be fully transparent about its justice activities. It is my Office's sincere hope that the proposal for establishing a contact group will be followed up as soon as possible. This will send a clear message to the Government of Libya that its key partners intend to follow through on their pledges to support justice initiatives and to support the evolving relationship between the ICC and the Government of Libya.”
2014-05-13 · UN Security Council · Security Council, S/PV.7173 (2014) · source
“In particular, and as I have said before, such support is crucial to the colossal task of collecting evidence to untangle the modus operandi of the networks responsible for committing crimes. Among other things, we will require telephone intercepts and sustained follow-up on transfers of funds to establish the whereabouts and movements of persons under investigation. This is all information that we can access only through the assistance of States. Above all, we hope we can count on the cooperation of States in facilitating the smooth arrest and surrender of those against whom warrants will be issued. This is key to sending a clear message to would-be Libyan perpetrators, and indeed all other would- be perpetrators, that the international community is watching and will no longer allow impunity to reign unchecked.”
2014-05-13 · UN Security Council · Security Council, S/PV.7173 (2014) · source
“Following the conclusion of the memorandum of understanding on burden-sharing with the Government of Libya last year, on 29 January my Office held fruitful and constructive discussions with Libyan Prosecutor General Abdel Qader Radwan on practical aspects of the implementation of this memorandum of understanding and strategies for further investigations, prosecutions and possible arrests. These discussions will be continued during the next meeting with the Attorney General's investigators, scheduled for 15 May. The support of the Council and of all States is critical to these joint endeavours to bring to justice, either in Libya or at the ICC, those responsible for serious mass crimes.”
2014-05-13 · UN Security Council · Security Council, S/PV.7173 (2014) · source
“While the admissibility decision is currently under appeal, Libya still has a positive legal obligation to fully cooperate with the Court and to comply with the Chamber's orders, as the admissibility decision and the order to surrender Mr. Saif Al-Islam Al-Qadhafi are not suspended by the appeal process, as confirmed by the Appeals Chamber in its July 2013 decision. To be absolutely clear, the Government of Libya should immediately surrender Saif Al-Islam Al-Qadhafi to the Court. National judicial proceedings can never be an excuse for failure to comply with the Chamber's order. It is incumbent upon the Government of Libya to fully engage with the judges and to provide assurances that its domestic proceedings against Mr. Al-Qadhafi will not impede its obligation to surrender him.”
2014-05-13 · UN Security Council · Security Council, S/PV.7173 (2014) · source