YouSaid · the spoken record

Moreno-Ocampo

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318
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2005-06-29
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2012-06-05
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  1. I believe that it is a positive sign that the Court is seen as a guarantor of the rights of the suspects. 11-57695 On the other hand, we are also receiving information that a group of mercenaries may be endeavouring to facilitate Saif Al-Islam Al-Qadhafi's escape from Libya. We are calling upon States to do all they can to disrupt any such operation. It is up to Saif Al-Islam Al-Qadhafi and Abdullah Al-Senussi to decide if they will surrender, remain in hiding or try to escape to another country. It is up to the Security Council and States to ensure that they face justice for the crimes for which they are charged. We are grateful for the strong and essential cooperation received from the Libyan authorities, including a recent invitation to visit Libya.

    2011-11-02 · UN Security Council · Security Council, S/PV.6647 (2011) · source

  2. Concerning Saif Al-Islam Al-Qadhafi and Abdullah Al-Senussi, the Office is galvanizing efforts to ensure that they face justice. We have received questions from individuals linked to Saif Al-Islam Al-Qadhafi about the legal conditions attaching to his potential surrender to the Court, namely, what would happen to him if he appeared before the judges, whether he could be sent back to Libya, and what would happen if he were to be convicted or acquitted. We clarified that, in accordance with article 107 of the Rome Statute, he may request the judges not to order his return to Libya after his conviction or acquittal, but that he be sent to a different country, provided that that country has consented to receiving him. The judges can also decide whether he may be extradited to another State.

    2011-11-02 · UN Security Council · Security Council, S/PV.6647 (2011) · source

  3. The Chamber concluded that there were reasonable grounds to believe that Muammar Al-Qadhafi and Saif Al-Islam Al-Qadhafr were jointly responsible as principals in the crimes pursuant to article 25(3)(a) of the Statute, as indirect co-perpetrators of the crimes against humanity. The Chamber found that Abdullah Al-Senussi was also responsible as a direct perpetrator. Allow me now to update the Council on the current situation of the three indictees. On 20 October, Muammar Al-Qadhafi died. The Registry of the Court is following the formal procedures required to obtain official documents from the Libyan Government to certify his death. The Pre-Trial Chamber, after reviewing the documents, may decide to withdraw the warrant against Muammar Al-Qadhafi and to end the case against him.

    2011-11-02 · UN Security Council · Security Council, S/PV.6647 (2011) · source

  4. 2 As I anticipated in my previous briefing, on 16 May the Office of the Prosecutor requested arrest warrants against three individuals who, according to the evidence, were most responsible for the attacks against unarmed civilians on the streets and in their homes in Benghazi, Tripoli and other cities in Libya during the month of February. After a thorough evaluation of the evidence presented, on 27 June the Judges of Pre-Trial Chamber I issued arrest warrants for Muammar Al-Qadhafi, Saif Al-Islam Al-Qadhafr, and Abdullah Al-Senussi for murder and persecution as crimes against humanity under articles 7(1)(a) and 7(1)(h) of the Rome Statute, respectively.

    2011-11-02 · UN Security Council · Security Council, S/PV.6647 (2011) · source

  5. Mr. Moreno-Ocampo: It is my honour to brief the Security Council on the activities of the Office of the Prosecutor of the International Criminal Court on the situation in Libya in furtherance of resolution 1970 (2011). In accordance with Office policy, the Prosecution has been focusing its investigations on those bearing the greatest responsibility for the most serious crimes committed in Libya. Let me stress that the Security Council consensus on the need to ensure justice for the victims of crimes in Libya, as expressed through resolution 1970 (2011) and reiterated at the meeting at which I first briefed the Council on this matter two months after its adoption (see S/PV.6528), has greatly contributed to the cooperation received by my Office and facilitated our investigations.

    2011-11-02 · UN Security Council · Security Council, S/PV.6647 (2011) · source

  6. In my seventh report to this Council, presented an 5 June 2008 (see S/PV.5905), I expressed concern about Harun having been dispatched to Abyei to address disputes between the Misiryia and the Sudan People's Liberation Movement and Liberation Army. Following his dispatch, as I reported, Abyei was burned down, with 50,000 civilians displaced. In my ninth report, presented on 5 June 2009 (see S/PV.6135), I expressed concern about Harun's appointment as Governor of South Kordofan, on 7 May 2009. He is now presenting himself as an efficient operator, and is dubbed by some members of the international community as the man to talk to get things done. It is the challenging responsibility of the Security Council to use the information exposed by the International Criminal Court to stop the crimes in Darfur and protect the civilians there.

    2011-06-08 · UN Security Council · Security Council, S/PV.6548 (2011) · source

  7. During the 19905, Ahmad Harun used local militias to attack civilians in the Nuba Mountains in Kordofan. Between 2003 and 2005, Harun coordinated the attacks against civilians in Darfur as Minister of state for the Interior and head of 11-36705 the Darfur security desk. That information was ignored. During the visit of then Secretary-General Kofi Annan to Darfur, Harun was assigned as Annan's official interpreter in his meetings with the Fur leaders displaced in the camps. Harun deliberately mistranslated their complaints to cover them up. In September 2005, Harun was appointed by President Al-Bashir as Minister of State for Humanitarian Affairs in charge of the same millions of people that he forcibly displaced.

    2011-06-08 · UN Security Council · Security Council, S/PV.6548 (2011) · source

  8. It allowed for concealing the continuation of crimes, diverting the international community's attention and continuing the commission of crimes in the absence of any scrutiny. President Al-Bashir is now asking for rewards for not committing new genocides outside Darfur. The challenge to the Security Council's authority is further evidence that the extermination of the Fur, Massalit and Zaghawa, as well as any tribe deemed disloyal to the regime, is a policy defined by the top leadership. It is calculated to ensure that the armed forces and associated militia will continue committing new crimes, with the same modus operandi, wherever and whenever they are instructed to do so. The record of Ahmad Harun provides a clear demonstration of the risk of impunity and ignoring information about crimes.

    2011-06-08 · UN Security Council · Security Council, S/PV.6548 (2011) · source

  9. President Al-Bashir and his supporters continue to deny the 11-36705 crimes, attributing them to other factors such as intertribal clashes, diverting attention by publicizing ceasefire agreements that are violated as soon as they are announced, and finally proposing the creation of special courts to conduct investigations that will never start. At the same time, President Al-Bashir is threatening the international community with retaliation and yet more crimes. This tactic is not new; it is the documented practice of perpetrators of mass crimes - denial, cover-up and threat of repetition. Paradoxically, President Al-Bashir has successfully transformed public knowledge of his criminal behaviour into a negotiating tool. Expelling the humanitarian organizations in March 2009 was the epitome of such a strategy.

    2011-06-08 · UN Security Council · Security Council, S/PV.6548 (2011) · source

  10. The work of the Court has documented that the crimes in Darfur are the consequence of a strategic decision taken by the highest authorities of the Government of the Sudan, and are not the by-product of a conflict, intertribal clashes or even climate change. One actor who has learned is President Al-Bashir. He has learned how to continue to commit crimes challenging the authority of the Security Council and ignoring resolution 1593 (2005), as well as other resolutions. He did not stop the commission of the genocide, but he is blocking the dissemination of information about the fate of the displaced.

    2011-06-08 · UN Security Council · Security Council, S/PV.6548 (2011) · source

  11. These millions of displaced victims are still subject today to rape, terror and conditions of life aimed at the destruction of their communities, constituting genocide. The mandate of the International Criminal Court is to end impunity in order to prevent future crimes. We share this mission with the Security Council, the African Union and the Government of the Sudan. The efficacy of our common efforts will depend greatly on how we share information with each other and learn from it. The prosecution is trying to improve its practice in this area, linking the information collected with the current behaviour of the suspects.

    2011-06-08 · UN Security Council · Security Council, S/PV.6548 (2011) · source

  12. Let me focus on the arrest warrants issued by the Court against President Al-Bashir, which unveiled and documented war crimes, crimes against humanity and a genocidal policy of extermination implemented since 2003 against three ethnic groups: the Fur, Massalit and Zaghawa. I will also touch on the arrest warrants issued against Ahmad Harun and Ali Kushayb. As detailed in my written report, crimes against humanity and genocide continue unabated in Darfur. Air attacks on civilians and direct killings of members of these ethnic groups have continued over the past six months. The direct targeting of villages continues, causing still further displacements. Most of the Fur, Zaghawa and Massalit now live in camps for internally displaced persons or refugees.

    2011-06-08 · UN Security Council · Security Council, S/PV.6548 (2011) · source

  13. On 16 May, the prosecution and the defence indicated in a joint filing to the Trial Chamber that certain facts have been agreed by both parties and that the defence will contest only three specific issues during the trial: first, whether the attack on the Haskanita base on 29 September 2007 was unlawful; 2 secondly, whether the accused persons were aware of the factual circumstances that established the unlawful nature of the attack; and thirdly, whether the African Union Mission in Sudan was a peacekeeping mission in accordance with the Charter of the United Nations. These are the issues to be discussed in court, and are highly relevant to peacekeeping operations in the future. The dates for the hearings are not yet scheduled.

    2011-06-08 · UN Security Council · Security Council, S/PV.6548 (2011) · source

  14. On 7 March, the Pre-Trial Chamber confirmed the charges for war crimes against Abdallah Banda and Saleh Jerbo. The commanders are not disputing their actual participation in the attack, and both have committed to surrendering voluntarily to the International Criminal Court to face trial and, if convicted by the Judges, to serve years in prison. They are claiming that President Al-Bashir also has to appear before the judges and respect the decisions of the Court and the Security Council.

    2011-06-08 · UN Security Council · Security Council, S/PV.6548 (2011) · source

  15. Mr. Moreno-Ocampo: I thank the Security Council for this opportunity to present the work of the International Criminal Court regarding the situation in Darfur. I would like to start by briefing the Council on the case against the rebel commanders who led more than 1,000 troops in carrying out a violent attack against the African Union Mission in Sudan base in Haskanita, killing 12 peacekeepers and injuring eight others. The attackers also destroyed the camp and looted vehicles, fuel and money. It was the most serious attack ever against peacekeepers in Darfur, affecting the lives of millions of civilians under their protection. This case shows the impartiality of the International Criminal Court and its commitment to protecting peacekeeping forces.

    2011-06-08 · UN Security Council · Security Council, S/PV.6548 (2011) · source

  16. As Secretary-General Ban Ki-moon stated in Kampala, "Now we have the International Criminal Court - permanent, increasingly powerful, casting a long shadow. There is no going back. In this new age of accountability, those who commit the worst of human crimes will be held responsible."

    2011-05-04 · UN Security Council · Security Council, S/PV.6528 (2011) · source

  17. The Interim National Council has committed itself to implement any arrest warrants and has requested the cooperation of the international community. Arresting those who ordered the commission of crimes will contribute to the protection of civilians in Libya. If those who ordered crimes are not stopped and arrested, crimes will continue unabated. Judicial activity will deter crimes by removing those who ordered the crimes and by sending a clear message to other potential perpetrators, in Libya and elsewhere, that the international community will not condone such crimes. Arrests cannot be successfully conducted without serious planning and preparation, which takes time. The international community should take steps now to assist with such practical planning.

    2011-05-04 · UN Security Council · Security Council, S/PV.6528 (2011) · source

  18. There are least two eyewitnesses for each incident, documents and, in many cases, corroboration of details by pictures or videos. Further cases will be opened as necessary, taking into account the full scope of criminality, including war crimes allegedly committed by different individuals in the context of the Libya situation. Before proceeding, I will inform the Council in advance. Following my request, the Pre-Trial Chamber may decide to accept the application, to reject it or to ask my Office for additional information. Should the judges decide to issue arrest warrants, the primary responsibility to execute them will lie with the territorial authorities. My Office still awaits any response on the question of arrests from representatives of the regime in Tripoli.

    2011-05-04 · UN Security Council · Security Council, S/PV.6528 (2011) · source

  19. That includes those who ordered, incited, financed or otherwise planned the commission of the alleged crimes. On that basis, in the coming weeks, in implementing the mandate established by resolution 1970 (2011), as Prosecutor I will present a case before 3 the Pre-Trial Chamber of the International Criminal Court. I will request the judges to issue arrest warrants against three individuals who appear to bear the greatest criminal responsibility for crimes against humanity committed in the territory of Libya since 15 February. In all the incidents to be presented to the judges, the victims who were shot at by security forces were unarmed civilians and there is no evidence of any attack against security forces. To prove the case, my Office has collected different types of evidence.

    2011-05-04 · UN Security Council · Security Council, S/PV.6528 (2011) · source

  20. The number of those displaced, according to the United Nations, includes approximately 535,000 migrant workers, refugees and asylum seekers, and 327,342 internally displaced Libyans. Ms. Navi Pillay, United Nations High Commissioner for Human Rights; Ms. Radhika Coomaraswamy Special Representative of the Secretary-General for Children and Armed Conflict; and Ms. Margot Wallstrom, Special Representative of the Secretary-General on Sexual Violence in Conflict, have all spoken clearly about alleged crimes. Let me conclude by referring to the next steps. In accordance with the Court's Statute, my duty is to focus investigations and prosecutions on those who bear the greatest responsibility for the most serious crimes, based on the evidence that emerges in the course of the investigation.

    2011-05-04 · UN Security Council · Security Council, S/PV.6528 (2011) · source

  21. The new authorities in Benghazi allegedly arrested a number of sub-Saharan Africans, and it is unclear whether they were innocent immigrant workers or combatants, become prisoners of war. In addition, specific allegations of war crimes committed include the use of imprecise weaponry such as cluster munitions, multiple rocket launchers and mortars, and other forms of heavy weaponry, in crowded urban areas, in particular Misrata. There are also reports of forces blocking humanitarian supplies. Some sources have also reported the use of civilians as human shields and the torture of prisoners of war or civilians in the context of the armed conflict. The total number of persons who have died since the beginning of the conflict is in the thousands.

    2011-05-04 · UN Security Council · Security Council, S/PV.6528 (2011) · source

  22. The mosques where they prayed were destroyed. There is also relevant information concerning the alleged commission of rape. Victims of rape have reportedly been arrested and subject to harassment. In 11-32142 one high-profile case, a woman gave a report to the international media of how she had been raped by security forces because of her suspected association with the rebels. The Office is investigating these allegations. Several sources have also reported the unlawful arrest, mistreatment and killing of sub-Saharan African civilians wrongly perceived to be mercenaries. Reportedly, angry mobs of protesters assaulted sub- Saharan Africans in Benghazi and other cities and killed dozens of them.

    2011-05-04 · UN Security Council · Security Council, S/PV.6528 (2011) · source

  23. To avoid punishment and risk of death, many protestors sought medical attention in private homes and did not bring injured or dead persons to the hospitals. In addition to such incidents, information collected by the Office shows that civilians in Tripoli and other areas under the control of the regime are reportedly subject to different forms of persecution. Systematic arrests, torture, killings and enforced disappearances have been reported in Tripoli, Zawiyah, Zintan and the area of the Nafusa Mountains. The victims are civilians who have participated in demonstrations, are considered to be disloyal to the regime, or have talked to international media, activists or journalists. In addition, citizens of Egypt and Tunisia were arrested and expelled en masse because of their perceived association with the popular uprising.

    2011-05-04 · UN Security Council · Security Council, S/PV.6528 (2011) · source

  24. The efforts to cover up the crimes have made it difficult to ascertain the precise number of victims, but there is credible information suggesting that, merely as the result of such shootings, 500 to 700 persons died in February alone. It is difficult to estimate the total numbers because dead bodies were removed from streets and hospitals. Doctors were not allowed to document the number of dead and injured admitted to hospitals after the violent clashes began. Security forces were allegedly stationed in the hospitals and arrested injured individuals who sought medical treatment. Being injured became evidence of opposing the regime, and challenging the authority of the regime is a crime under Libyan law.

    2011-05-04 · UN Security Council · Security Council, S/PV.6528 (2011) · source

  25. The evidence shows that events in neighbouring Egypt and Tunisia prompted Libyan 11-32142 security forces to begin preparations for the possibility of demonstrations in Libya. As early as January, mercenaries were being hired and brought into Libya. The incidents started on 15 and 16 February. Security forces arrested two lawyers who were requesting justice for the 1,400 victims of the 1996 Abu Salim prison massacres. On 17 February, thousands of peaceful demonstrators protesting these arrests congregated in the square around the High Court of Benghazi. Security forces entered the square and reportedly fired live ammunition into the crowd, killing numerous demonstrators. This was the beginning of a series of similar incidents in different cities across Libya.

    2011-05-04 · UN Security Council · Security Council, S/PV.6528 (2011) · source

  26. It establishes reasonable grounds to believe that widespread and systematic attacks against the civilian population, including murder and persecution as crimes against humanity, have been and continue to be committed in Libya. In additionally, since the end of February there has been an armed conflict in Libya. In this context, there is also relevant information on the alleged commission of war crimes. The work of the Commission of Inquiry will be crucial to fully understanding the crimes committed during the armed conflict. Let me start by describing the incidents of crimes against humanity that the Office investigated. The evidence shows that security forces have been systematically shooting at peaceful protesters, following the same modus operandi in multiple locations.

    2011-05-04 · UN Security Council · Security Council, S/PV.6528 (2011) · source

  27. Two months ago, the Security Council expressed grave concern at the situation in the Libyan Arab Jamahiriya, condemning the violence and use of force against civilians, and deplored the gross and systematic violation of human rights, including the repression of peaceful demonstrators and the deaths of civilians. Resolution 1970 (2011) rejected unequivocally the incitement to hostility and violence against the civilian population made from the highest level of the Libyan Government, and considered that the widespread and systematic attacks currently taking place in the Libyan Arab Jamahiriya against the civilian population could amount to crimes against humanity. The evidence collected by the Office of the Prosecutor confirms that assessment.

    2011-05-04 · UN Security Council · Security Council, S/PV.6528 (2011) · source

  28. The Commission of Inquiry created by the Human Rights Council has also been cooperating with the Office since its creation, and has indicated its willingness to continue to do so. The Commission of Inquiry is in the process of preparing its report to the Human Rights Council, which is to be completed by the end of May. We are looking forward to its report and to having access to the data compiled by the Commission, which will be very useful to the Prosecution for future action. We have discussed with the Commission Chair the difficulties involved in unveiling the truth while an armed conflict is ongoing, and the importance of the Commission's field activities. The evidence collected has confirmed the fears and concerns expressed in resolution 1970 (2011).

    2011-05-04 · UN Security Council · Security Council, S/PV.6528 (2011) · source

  29. It must establish the truth about crimes alleged to have been committed in Libya through an independent and impartial investigation. This is what we are doing. To investigate the crimes committed in Libya, the Office has conducted more than 15 missions to 10 different States. As of 26 April, 45 interviews of individuals with direct knowledge of the crimes committed had been initiated or completed. More than 569 documents, including videos and pictures, had been collected and reviewed. The Office has taken no statement inside Libya in order to fulfil its duty to protect witnesses. The cooperation received from States and regional and other international organizations, in accordance with paragraph 5 of resolution 1970 (2011), was a critical component of the fast progress of the Libyan investigation.

    2011-05-04 · UN Security Council · Security Council, S/PV.6528 (2011) · source

  30. Mr. Moreno-Ocampo: I am honoured to report to the Council on the activities of the Office of the Prosecutor in furtherance of resolution 1970 (2011). The Council adopted resolution 1970 (2011) unanimously on 26 February, referring the situation in Libya to the International Criminal Court (ICC) and stressing the need to hold to account those responsible for attacks, including by forces under their control, on civilians. My report, submitted for the Council's consideration in advance of this meeting, describes in detail the factual and legal analysis conducted by the Office in order to implement that resolution. Based on that analysis, we decided to open an investigation on 3 March. In carrying out the mandate given it by the Council under resolution 1970 (2011), the Office must apply the norms established by the Rome Statute.

    2011-05-04 · UN Security Council · Security Council, S/PV.6528 (2011) · source

  31. The implementation of the Court's decisions and the execution of the arrest warrants are in the hands of the Security Council.

    2010-12-09 · UN Security Council · Security Council, S/PV.6440 (2010) · source

  32. As I have said, the trial is coming. The Court will fulfil its judicial mandate. The whereabouts of the three fugitives are known. Ahmed Haroun can be found in his governor's residence in Southern Kordofan. States parties are fulfilling their duties and legal obligations, but additionally they are adopting policies to sever any contact with individuals sought by the Court. President Al-Bashir was excluded from the recent European Union/African Union summit. States parties are ensuring respect for the legal limits. Regional organizations, such as the League of Arab States and African Union, are crucial to ensuring justice, stopping the crimes, alleviating the humanitarian situation and providing stability to the Sudan. A proper dialogue with them is crucial to achieving these goals.

    2010-12-09 · UN Security Council · Security Council, S/PV.6440 (2010) · source

  33. My duty was to investigate impartially the worst crimes committed in Darfur and to present cases against those most responsible. We presented our evidence to the judges; the Court issued arrest warrants against a militia Janjaweed leader who reported to the then Minister of State for the Interior, who reported in turn to President Al-Bashir. The charges against President Al-Bashir include crimes against humanity, war crimes and genocide. The arrest warrant will not go away. The legal work is done, but the crimes are ongoing. President Al-Bashir and his supporters are making enormous efforts to cover up the crimes and divert the attention of the international community by announcing new strategies and new efforts for justice. The Court also investigated the worst crimes committed by the rebel forces against peacekeepers.

    2010-12-09 · UN Security Council · Security Council, S/PV.6440 (2010) · source

  34. However, two weeks later, in mid-October, Prosecutor Mohamed was released from his position and replaced by Abdel Dayim Zomrawi, Under-Secretary in the Ministry of Justice. Since then, no progress has been reported on the Tabra investigation or any other. Until the orders to the Sudanese Armed Forces to commit crimes in Darfur cease, there is no possibility ofjustice in Darfur. Let me conclude. The Security Council referred the Darfur situation to the International Criminal Court in 2005. It issued a presidential statement in 2008 (S/PRST/2008/21) urging the Government of the Sudan to cooperate with the Court. It recently issued a presidential statement (S/PRST/2010/24) in which it recalled the "importance it attaches to an end to impunity, and to justice for crimes committed in Darfur".

    2010-12-09 · UN Security Council · Security Council, S/PV.6440 (2010) · source

  35. In relation to national proceedings, I would like to highlight the report of the African Union High-level Panel on Darfur, which cites the "current major obstacles to justice and reconciliation in Darfur [as] the absence of political will; denial of what happened and is happening in Darfur, as well as obscuring of the truth; war, fear and insecurity; poor policing and enforcement of law and order; impunity for the crimes committed in Darfur". These are the words of the African Union High-level Panel on Darfur. Confirming that, the most recent cover-up statement promising justice for Darfuris came on 27 September, when a Special Prosecutor for Darfur, Mr. Nimr Mohamed, visited Darfur and announced his intention to begin investigating the 2 September attack on Tabra, which had resulted in dozens of people reportedly being killed.

    2010-12-09 · UN Security Council · Security Council, S/PV.6440 (2010) · source

  36. In my personal view, during the trial the commanders will challenge the neutrality of the African Union peacekeepers and will therefore argue that the Haskanita base constituted a legitimate military target. The Office of the Prosecutor will maintain that the African Union peacekeepers were neutral and that the attack was illegal, constituting war crimes. It is important to highlight that the commanders are appearing voluntarily before the Court and are willing to face the risk of going to prison in order to claim that President Al-Bashir also has to appear before the judges and respect the decisions of the International Criminal Court.

    2010-12-09 · UN Security Council · Security Council, S/PV.6440 (2010) · source

  37. The Haskanita case before the judges is about how those two commanders led more than 1,000 troops in carrying out a violent attack on the African Union Mission in Sudan (AMIS) base in Haskanita, killing 12 peacekeepers and injuring eight others. They also destroyed the camp and looted vehicles, fuel and money. The attack has 10-68333 resulted in war crimes charges against them for violence, murder and attempted murder of AMIS personnel and article 8, intentionally directing attacks against personnel in a peacekeeping mission, and pillaging. My Office expects the charges against the rebel commanders to be confirmed and that the trial will begin in 2011.

    2010-12-09 · UN Security Council · Security Council, S/PV.6440 (2010) · source

  38. I appreciate the commitment to stopping crimes against women and children, as expressed by the Security Council in its meeting on 26 October (see S/PV.64ll) commemorating the adoption of resolution 1325 (2000). In its presidential statement contained in document S/PRST/2010/22, the Security Council noted with grave concern that women and girls are disproportionately affected by conflict, and that women's participation in peace processes remains too low. Resolution 1325 (2000) should be implemented in Darfur. In relation to the Haskanita attack, yesterday's confirmation hearing at the seat of the Court in The Hague was unique. The rebel commanders have accepted that there is sufficient evidence to confirm the charges and go to trial. In any case, the Chamber has to make a decision by 17 February 2011.

    2010-12-09 · UN Security Council · Security Council, S/PV.6440 (2010) · source

  39. The situation in Darfur is not just a humanitarian crisis; it is a systematic attack against the civilian population. The situation in Darfur is a genocide - an ongoing genocide. As mentioned in my written report, hundreds of civilians have been killed just in the past six months. Thousands have been forcibly displaced, and more than 2.5 million are suffering a subtle form of genocide - genocide by rape and fear. Rape and fear are silent weapons, below the radar of the peacekeepers and unstoppable by the humanitarian organizations. And this continues. The Secretary- General's report of 14 July (S/2010/382) notes that sexual and gender-based violence continues and is generally perpetrated by men in military uniform.

    2010-12-09 · UN Security Council · Security Council, S/PV.6440 (2010) · source

  40. Since 2005, Sudanese authorities have consistently promised to do justice, creating mechanisms such as special courts and prosecutors, while consistently and deliberately 2 protecting those who commit the crimes. President Al-Bashir, in accordance with the Pre-Trial Chamber's finding, issued the criminal orders to attack civilians and destroy their communities. President Al-Bashir does not want to investigate those who are following his orders. In terms of cooperation on arrests, the Rome Statute States parties are firmly insisting on the need to respect the Court's decisions. The presence of many representatives of States parties in the Chamber today underscores their consistent support for an end to impunity for these crimes.

    2010-12-09 · UN Security Council · Security Council, S/PV.6440 (2010) · source

  41. I would also like to brief the Council on the hearing concluded yesterday at the seat of the Court in The Hague to confirm the charges against the rebel commanders who led the attacks against African Union peacekeepers at their base in Haskanita. That was the most serious attack against peacekeepers in Darfur. For the Office of the Prosecutor, crimes against peacekeepers are some of the most serious crimes under its jurisdiction. They affect the lives of millions of civilians under peacekeeper protection. I would also like to confirm that the Government of the Sudan is not cooperating with the Court, as the Pre-Trial Chamber informed the Council, and is conducting no national proceedings against those responsible for the crimes committed.

    2010-12-09 · UN Security Council · Security Council, S/PV.6440 (2010) · source

  42. Mr. Moreno-Ocampo: I thank the Security Council for this opportunity to present the twelfth briefing on the work of the International Criminal Court on the situation in Darfur. I would like to update the Council on the Pre-Trial Chamber I decision to issue a second arrest warrant for President Al-Bashir for three charges of genocide, including genocide by killing, in accordance with article 6 (a) of the Rome Statute; genocide by causing serious bodily or mental harm, through rapes and the sowing of fear among people in villages and people in camps for displaced persons, in accordance with article 6 (b); and genocide by deliberately inflicting, on the Fur, Masalit and Zaghawa groups, conditions of life calculated to bring about the groups" physical destruction, in accordance with article 6 (c).

    2010-12-09 · UN Security Council · Security Council, S/PV.6440 (2010) · source

  43. I would urge Council members to ensure that the arrest of Ahmad Harun and Ali Kushayb be a request that this Organization continues to insist on, through its representatives and envoys in the Sudan, as a critical condition for securing peace and stability in Darfur. This meeting and the Council's meeting on Monday offer a perfect opportunity for its members to integrate the request for the arrest of Harun and Kushayb into the general strategy relating to Darfur and the Sudan. Resolution 1593 (2005), as well as all other related Security Council resolutions, should be complied with.

    2010-06-11 · UN Security Council · Security Council, S/PV.6336 (2010) · source

  44. To conclude, I should like to clarify that any discussion of the evidence presented by my Office or of the charges included in the arrest warrants should be conducted in the courtroom in The Hague. The Judges' decisions will not be changed by political negotiations. The decision on Sudanese non-cooperation in relation to Harun and Kushayb was adopted by the Judges and forwarded to the Security Council. The means to secure compliance by the Sudan with its obligations under resolution 1593 (2005) are a prerogative of the Council. The Council has dealt before with States' non-compliance in connection with the enforcement of arrest warrants. I hope that the Council can acknowledge the Judges' decision and follow up on it between now and my next report in December.

    2010-06-11 · UN Security Council · Security Council, S/PV.6336 (2010) · source

  45. In my December 2007 briefing (see S/PV.5789), I highlighted to the Council that Ahmad Harun had then been appointed to a committee on human rights Violations and breaches of the Constitution in the South and North. In my subsequent briefing in June 2008 (see S/PV.5905), I reported that, as a member of that committee, Harun was sent to Abyei to manage the conflict. And, as Council members know, Abyei was burned down by tribal militias, with 50,000 citizens displaced. Normally fugitives from justice go into hiding. Prosecutors have to unearth their whereabouts. This is not the case here. We know where Ahmad Harun. He is currently the Governor of South Kordofan, He should be arrested before he commits new crimes in his new position.

    2010-06-11 · UN Security Council · Security Council, S/PV.6336 (2010) · source

  46. The case of Harun is even more serious. His expertise is in mobilizing and using militias to attack civilians and disguising his activities. He was allegedly involved in the worst attacks against civilians in the Nuba mountains during the 1990s. From 1997 to 2000, he was Executive Director of the Peace and Resettlement Administration in South Kordofan, which was in reality a secret service organization that collected information to prepare attacks on villages. From 2003 to 2005, as Minister of State for the Interior, Harun coordinated the attacks on civilians in their Villages in Darfur. Between 2005 and 2009, Harun was the Minister of State for Humanitarian Affairs, managing the crimes in the camps for displaced persons in Darfur.

    2010-06-11 · UN Security Council · Security Council, S/PV.6336 (2010) · source

  47. To conclude, five years ago the Security Council considered that the Darfur situation constituted a threat to peace and security and decided to refer the situation to the Court as part of its efforts to find a global solution to the conflict. Security Council members presented the need to integrate four different tracks in Darfur: humanitarian assistance, peacekeepers, political negotiations and justice. The facts unveiled by the Prosecution and adjudicated by the Judges shed light on some of the problems faced on these different tracks. The impunity of Ahmad Harun and Ali Kushayb is one of the main problems. It carries a price. Ali Kushayb is a tribal leader who still exercises power in his own area in South Sudan, and a clear example to other Janjaweed that they can continue committing crimes. There is impunity.

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  48. 304) 10-40120 There is a need for an updated comprehensive report by the Secretariat on the current situation in the camps and villages. The fragmented information on rapes and on the obstacles to humanitarian assistance must be put together to allow the international community to consider the current extent of the suffering of the civilians in Darfur. As I mentioned in my report, there is also an opportunity for the Council, as it prepares for the anniversary of the adoption of resolution 1325 (2000) and for its special session of October 2010 under the Ugandan presidency, to implement its groundbreaking resolutions on gender violence in specific situations where crimes are ongoing.

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  49. 59) Of even greater concern, the independent expert notes that victims are increasingly discouraged from reporting rape and sexual Violence because they know they will not benefit from remedial action. Rapes are not stopping; reporting is stopping. This is consistent with the finding of the African Union High-Level Panel that "faith in the criminal justice system has been severely eroded", and with the findings of others. This is in line as well with the 2009 report of the Panel of Experts established pursuant to Security Council resolution 1591 (2005) concerning the Sudan , which states: "There appears to be an overwhelming apathy towards, and unwillingness to investigate, acts of sexual and gender-based violence." (A/2009/562, annex, para.

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  50. Gender crimes remain unabated in Darfur. In his report of 26 May, the United Nations independent expert on the situation of human rights in the Sudan, Justice Mohammed Chande Othman from Tanzania, wrote: "Acts of sexual violence, particularly against female internally displaced persons, is still of concern in Darfur. .. In most instances, the perpetrators were identified as individuals or groups of armed men often dressed in military uniforms. In recent times, women living in close proximity to military camps have also become vulnerable to sexual attacks from soldiers The military authorities deny the rape allegations, claiming that the soldiers were engaged in consensual relationships with the women." (A/HRC/I4/4], para.

    2010-06-11 · UN Security Council · Security Council, S/PV.6336 (2010) · source