YouSaid · the spoken record

Moreno-Ocampo

lines on the record
318
first
2005-06-29
most recent
2012-06-05
sittings or episodes
18
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

  1. The modus operandi was the same as the one used by Ahmad Harun from 2003 to 2005 - air bombardments followed by attacks by the Sudanese armed forces integrating with militia/Janjaweed. It was identical. Sadly, the crime of extermination against the millions displaced into camps continues to be committed. Acts aimed at inflicting inhumane conditions of life continue. Under-Secretary-General Holmes reported to the Council last week on the difficulties of accessing many areas and the problems of finding interlocutors in Khartoum to address those issues. Those are not technical or bureaucratic issues or the result of disorganization. The decision to expel humanitarian organizations and the accumulation of obstacles constitute a policy - a criminal policy - of identified Sudanese officials with the aim of committing the crime of extermination.

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

  2. The Security Council also, in adopting presidential statement S/PRST/2008/2l, referred explicitly to the transmission of the arrest warrants against Harun and Kushayb, and urged the Sudan to cooperate fully and to provide any necessary assistance. I hope that the Security Council can build further upon such efforts. I should like to brief the Council on the alleged crimes committed during the past six months. I would have liked to report that the conditions in Darfur had improved and that crimes had stopped. Sadly, the truth is that attacks against civilians not participating in the conflict continue. In February, immediately after the signing of a peace agreement and a public commitment to peace, 100,000 civilians were forcibly displaced by Sudanese armed forces in the Jebel Marra.

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

  3. President Mbeki explained that the arrest warrants issued by the Court are a matter of fact and can be reviewed only by the ICC Judges, but he added that the rest of the crimes committed in Darfur should be addressed by the Sudan domestically, and the African Union Panel has formulated recommendations in this regard. All such complementary efforts show compliance with the Security Council's resolution and the Court's decision. Today, the Security Council has the opportunity to further this collective effort. The Council already reminded the Government of the Sudan of its obligation to respect resolution 1593 (2005) during its visit to Khartoum from 16 to 17 June 2007.

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

  4. Secretary-General Ban Ki-moon has repeatedly reiterated the need to comply with resolution 1593 (2005) and to respect the decisions of the Court. The African Union and the League of Arab States, in addition to the United Nations and other international actors, have endeavoured for years to help to end impunity in Darfur. The implementation of the Mbeki Panel recommendations and the July 2008 Arab League solution package would be important steps towards ending crimes in Darfur. In a statement on 23 March 2010, President Mbeki, as the head of the African Union High-Level Implementation Panel, said, "there is a perfect understanding between the Panel and the International Criminal Court".

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

  5. President Nicolas Sarkozy took the unprecedented decision to move the date and location of the twenty-fifth France- Africa Summit to avoid meeting with a person who is the object of an arrest warrant. This was a strong message of respect for resolution 1593 (2005) and of support for accountability. President Yoweri Museveni recalled that he would abide by his ICC obligations should President Omar Al-Bashir attempt to represent the Sudan at the next African Union Summit in Kampala. Kenya, on the occasion of the summit of the Intergovernmental Authority on Development held in March in Nairobi, stated the same. 3 Non-States parties have also asserted that those subject to an arrest warrant would need to face justice.

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

  6. To the contrary, many States, including non-States parties to the Rome Statute, following up on resolution 1593 (2005), have taken steps within their power to encourage cooperation by the Sudan and to isolate and ultimately facilitate the surrender of the individuals sought by the Court. They have maintained and expressed public and diplomatic support for the Court and have severed all non-essential contacts with those subject to ICC warrants. Let me give a few recent examples. President Jacob Zuma of South Africa emphasized on 4 June 2010 that South Africa would arrest anyone under an ICC arrest warrant who travelled to South Africa. This was a strong message of respect for resolution 1593 (2005) and of support for accountability.

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

  7. It has not done so, and the Judges have taken the step to make a decision and notify it to this Council. While cooperation from the Sudan is lacking, it is noteworthy that, from all other actors, cooperation is forthcoming. There are 111 States parties to the Rome Statute with a legal obligation to enforce the Court's arrest warrants. Additionally, the Security Council has urged all United Nations Members to cooperate with the Court. I wish to confirm that, as of today, no other State Member of the United Nations and no other party to the conflict has refused cooperation with the Court in the Darfur situation.

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

  8. The decision stresses that the obligation of the Republic of the Sudan to cooperate with the Court stems directly from the Charter of the United Nations and resolution 1593 (2005). The Chamber concludes that the Republic of the Sudan is failing to comply with its cooperation obligations stemming from resolution 1593 (2005) in relation to the enforcement of the 10-40120 warrants of arrest issued by the Chamber against Ahmad Harun and Ali Kushayb. Under resolution 1593 (2005), the Security Council decided that the "Government of the Sudan and all other parties to the conflict in Darfur shall cooperate fully and provide any necessary assistance to the Court and the Prosecutor". The Government of the Sudan, a sovereign territorial State, has the primary responsibility and is fully able to implement the warrants issued by the Court.

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

  9. Judicial records and other documents were shared under article 53 of the Rome Statute, Sudanese officials were interviewed in Khartoum, including as suspects under article 55, and five missions were undertaken to Khartoum, the last in January and February 2007. In June 2007, the Government of the Sudan accepted the notification of the arrest warrants against Harun and Kushayb. Since then, however, there has been a public and consistent refusal to cooperate with the Court and to comply with resolution 1593 (2005). Therefore, on 25 May 2010, the Pre-Trial Chamber issued its decision informing the Security Council about the lack of cooperation by the Republic of the Sudan. In the decision, the Pre-Trial Chamber considers that the Court has taken all possible measures to ensure the cooperation of the Republic of the Sudan.

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

  10. In the past, the Government of the Sudan recognized the role of the International Criminal Court and provided cooperation in other cases before the Court, including for the execution of arrest warrants. On 2 October 2005, the Government of the Sudan, without this Council's involvement, signed an agreement with my Office to implement the arrest warrants issued by the ICC against Joseph Kony and four leaders of the Lord's Resistance Army. This cooperation was of critical importance to removing the leaders of the Lord's Resistance Army from their safe haven in the Sudan. In the Darfur case, cooperation was forthcoming for two years.

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

  11. In our third case, we are prosecuting the three commanders of the rebel group that attacked peacekeepers in an event that took place in Haskanita in September 2007, causing the deaths of 12 African Union peacekeepers and leaving thousands of people 10-40120 without protection. The Judges have found that the attack constituted a crime under the Statute; however, they found the evidence insufficient to establish the criminal responsibility of rebel commander Abu Garda. The Office will therefore present additional evidence. We anticipate that a new confirmation hearing will then be held in the near future. These are the persons identified as most responsible for the most serious crimes committed in Darfur over the past six years. There is no other case at this stage. Let me now turn to the main point of my briefing today - cooperation.

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

  12. After forcing civilians out of their homes, Sudanese forces would deny any meaningful assistance to those who reached the camps for the internally displaced, forcing the United Nations and others to set up the largest humanitarian operation in the world, and yet obstructing their life-saving efforts every step of the way. I must be clear: the crime of extermination does not require killing by bullets. It consists of intentionally inflicting conditions of life - inter alia, the deprivation of access to food and medicine - calculated to bring about the destruction of part of a population. That is extermination.

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

  13. In our second case, we investigated the continuous involvement of the entire Sudanese State apparatus in the attacks on the Villages and, additionally, a different pattern of crimes committed against displaced persons. Such attacks are calculated to drive entire groups to inhospitable areas, where they die immediately, or into camps, where they die slowly. On 4 March 2009, Pre-Trial Chamber I issued an arrest warrant against President Omer Al-Bashir for war crimes and crimes against humanity, including the crimes of extermination and rape. The judges found that the obstruction of humanitarian assistance in Darfur is more than a bureaucratic problem. It constitutes the crime of extermination.

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

  14. Those attacks forced 2 the displacement of a million civilians to a hostile environment. The evidence showed the role of the then Minister of State for the Interior, Ahmad Harun, as coordinator of the Government of the Sudan forces, including recruiting into and the financing of the militia/Janjaweed in the Popular Defence Forces. An arrest warrant was also issued against a militia/ Janjaweed leader, Ali Kushayb. On 27 April 2007, Pre-Trial Chamber I issued arrest warrants against both individuals for war crimes and crimes against humanity. This is the case that is referred to in the note verbale (S/2010/265, annex), on which the judges made their decision about the lack of cooperation by the Republic of the Sudan.

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

  15. Mr. Moreno-Ocampo: I thank the Security Council for the opportunity to report on the activities undertaken by the Office of the Prosecutor of the International Criminal Court since the last briefing (see S/PV. 6230) I will first provide a summary of the cases investigated since the Security Council referred the situation to the International Criminal Court. My mandate is to end impunity for the most serious crimes, in order to contribute to the prevention of future crimes. We conducted three investigations on the Darfur situation. In our first case, we investigated a consistent pattern of attacks against the civilian population during the period of 2003 to 2005. Sudanese armed forces would bomb villages in Darfur and surround them, and then ground troops would move in to kill, rape and pillage civilians in their homes.

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

  16. In his 16 November report (S/2009/592), the Secretary-General accused the Government of the Sudan of breaching UNAMID's Status of Forces Agreement by placing impediments on the movement of peacekeepers. UNAMID, which is the last international presence able to keep a protective eye on camps and rural areas and to report on rapes and sexual violence, is now blocked. As I have mentioned, my mandate as Prosecutor is to investigate and prosecute those responsible for such crimes, in order to contribute to the prevention of future crimes. I am ready to answer any challenge - about the evidence or about legal aspects - in court, but I will need the full support of the Council to contribute to ending the current crimes against victims in Darfur.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  17. 09-63331 A few months ago, on 4 March 2009, the judges of the International Criminal Court ruled that the policy adopted by President Al-Bashir against 2.5 million Sudanese citizens in the camps constituted extermination, as a crime against humanity. The Appeals Chamber is considering whether the charge of genocide should be added. President Al-Bashir, instead of stopping the crimes, is stopping information about the crimes. The decision to expel humanitarian workers and silence others by threats of expulsion, or the attempts at restricting the freedom of movement of the African Union-United Nations Hybrid Operation in Darfur (UNAMID) are part of this policy to reduce the monitoring capacity of the international community.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  18. Thirdly, we are monitoring the use of child soldiers. The recent report by Ms. Coomaraswamy indicates that both the Sudanese Armed Forces and the rebel groups recruit children. That is a crime under our jurisdiction. Fourthly, as our investigation into the case of President Al-Bashir demonstrated that he used the State apparatus not only to commit massive crimes but also to conceal them, and thus to facilitate their continuation, my Office is considering the criminal responsibility of Sudanese officials who actively deny and conceal crimes. They do not benefit from any immunity under the Rome Statute. Since Nuremberg, due obedience is no longer a legal excuse for the commission of crimes.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  19. I would like to inform the Council that, with a View to increasing predictability, my Office is reviewing information in four main areas. The first is acts affecting displaced persons, committed in particular by the Humanitarian Aid Commission (HAC). On 10 November 2009, HAC Commissioner Hassabo announced that the Sudanese Government would close the camps for displaced persons by early next year, without guarantees of access to food and water, and without guarantees of security. Sheikhs in camps who oppose returns to unsafe areas are targeted. They are imprisoned and tortured. Let me clarify that any forced return of displaced persons in these conditions can constitute a new crime within our jurisdiction. The second area is acts against civilians in the camps, including rape, by the forces of President Al-Bashir.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  20. The crimes are continuing. During the past six months there have been indiscriminate bombings of civilians resulting in casualties and forced displacement; ongoing tactics aimed at exterminating displaced persons in the camps, including hindering humanitarian aid and expelling assistance providers with the obvious consequence of reducing access in camps to food, water and other services; ongoing rapes and sexual violence resulting in mental and bodily harm; and continuing use of child soldiers, though by various parties. As recently as last week, on 25 November, there were reports of Janjaweed militia attacks against Al-Harra and Jabel Issa, two villages in North Darfur, in which civilians were captured, villagers beaten and property looted.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  21. Instead, over the past six months, President Al-Bashir has continued to use the Sudanese State apparatus to conduct a diplomatic, political and communications campaign against the Court; he has endeavoured to shift the attention of the international community to other pressing issues, such as the conflict with the South. President Al-Bashir is willing to exacerbate such conflict, if it can divert your attention from the crimes committed in Darfur and his responsibility for them. As the Prosecutor, I will deal with any judicial challenge brought by President Al-Bashir and other suspects in court. But I will need the full support of the Council to ensure that the focus remains on the need to arrest President Al-Bashir and the other individuals 09-6333] sought by the Court, and on the need to end the crimes in Darfur.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  22. There will be no immunity for President Al-Bashir. There are also negative developments in two areas: the lack of cooperation of the Sudan, and the continuation of crimes. Sudan has refused to cooperate with the Court. In resolution 1593 (2005), the Council decided that the "Government of Sudan and all other parties to the conflict in Darfur shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor" (para. 2). AS I said, the warrants were transmitted to the Sudanese Government. However, President Al-Bashir has refused to appear in court. He has refused to appoint a lawyer to represent his position. He has refused to arrest Ali Kushayb and Ahmad Harun. Ahmad Harun is now the Governor of South Kordofan. This all represents non-compliance with the Security Council's decisions.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  23. He cannot attend the Climate Conference in Copenhagen. He has not attended the United Nations General Assembly, nor a recent meeting of the Organization of the Islamic Conference's Committee for Economic and Commercial Cooperation. This is the way to ensure the arrest of President Al-Bashir. This process of marginalization of indicted criminals, if maintained steadfastly, is a way to ensure the ultimate implementation of the arrest warrants issued by the Court. Respect for the Court's decision to issue a warrant for President Al-Bashir's arrest sends a clear message: President Al-Bashir will face justice. Any leader committing this type of crime will face justice. Power does not provide immunity. There was no immunity for President Milosevic; there was no immunity for Prime Minister Kambanda; there was no immunity for President Taylor.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  24. I would also like to note that, during the General Assembly debate in October, Mexico referred to the refusal of the Sudan to cooperate with the Court as "clear non-compliance with a legally binding obligation"; Peru and Bolivia indicated that, upon receipt of the warrant, they had activated national procedures to ensure the arrest of President Al-Bashir, should he set foot in their countries. On 15 September, the European Union's External Relations Council adopted conclusions calling upon the Sudan to cooperate fully with the Court in accordance with its obligations under international law. As a consequence, President Al-Bashir, at risk of being arrested, has not travelled to the territory of States parties for high-level events that he had planned to attend in South Africa, Uganda, Nigeria and Venezuela.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  25. On 29 October, Kenya, on behalf of the African States parties, reaffirmed their commitment to their legal obligations with no reservations. African States parties to the Rome Statute have affirmed both their position as African Union members that the Security Council should consider deferring the Darfur investigation and, at the same time, their legal duty under the Statute to execute arrest warrants should indictees be present on their territory. Over the past six months, Deputy Prosecutor Fatou Bensouda and I met with many African Presidents, including President Zuma of South Africa, President Museveni of Uganda, President Jammeh of the Gambia, President Kibaki of Kenya and President Deby Itno of Chad. All of them expressed their commitment to justice and to ending impunity.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  26. In its resolution 1593 (2005) and its presidential statement of 16 June 2008 (S/PRST/2008/21), the Security Council insisted on the duty of the Sudan to cooperate fully with the Court. Ending crimes and arresting individuals on Sudanese territory is a primary responsibility of the Sudanese Government. It has both the legal duty and the ability to do so. All efforts during this month have converged to encourage the Sudan to respect its responsibilities as a United Nations Member State, to put an end to crimes and to arrest the persons sought by the Court. During the General Assembly debate in October, 56 States emphasized the importance of cooperation with the Court, including in relation to the arrests.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  27. It is remarkable, because they demonstrate that engagement with the Government of the Sudan in political negotiations is possible while recognizing President Al-Bashir's individual criminal responsibility for the crimes committed and respecting the Court's decisions. Engagement while respecting legal limits is the solution that they are pushing. There are also positive developments to report regarding the cooperation of States, including in the 3 execution of arrest warrants. The International Criminal Court (ICC) is receiving decisive public support. Efforts to get the arrests executed are going forward. The warrants for arrest have been transmitted to Sudan.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  28. The Office of the Prosecutor is ready to assist the new panel in its endeavours. In past meetings, Council members have also stressed the need to pursue an integrated approach in Darfur integrating justice, security, political negotiations and humanitarian aid. I am glad to report to this Council that all the actors working on those different aspects are respecting the judicial independence of the Court - in particular, as I mentioned, the Mbeki panel but also the Prime Minister of Qatar as chair of the Arab-African ministerial committee, Joint African Union-United Nations Chief Mediator for Darfur Djibrill Bassole, and the Arab League Secretary-General.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  29. This situation must be rectified urgently." The Panel proceeds to list a series of prerequisites to be met before this situation can be rectified, stressing that no genuine proceedings can take place before the Sudan, first, removes official immunities; secondly, adopts special measures for dealing with rape and sexual crimes; and thirdly, ensures the protection of witnesses. Thus, it is not just a matter of setting up new courts. It is a matter of creating a framework allowing these courts to operate effectively and independently. As Council members know, on 29 October a high-level meeting in Abuja of the African Union Peace and Security Council endorsed the report and recommendations. It established an implementation panel comprising former Presidents Thabo Mbeki, Pierre Buyoya and Abdulsalami Abubakar.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  30. As the Panel rightly notes: "The emphasis on the International Criminal Court should not distract from the reality that, even at full capacity, the Court can only deal with a handful of individuals, thus leaving the burden of justice to the national system." The Panel thus adopted a comprehensive solution, combining the current International Criminal Court 09-63331 cases with the possibility of having other courts try other perpetrators, if and when the conditions for such courts to operate effectively are created. This last point is key and I wish to highlight it. As the Panel notes: "To date the perpetrators of the serious crimes in Darfur have overwhelmingly remained unpunished and the need for healing and reconciliation has remained largely unmet.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  31. It was then clarified that the cases against President Al-Bashir, Ahmed Haroun and Ali Kushayb, as well as Abu Garda and two other rebel commanders, will be decided by the judges of the International Criminal Court. Additionally, we had exchanges on the complementary role that other courts can play to investigate other perpetrators. The Panel's report respects the independent judicial work of the International Criminal Court and recognizes the need to do more, not less, justice efforts for Darfur and to try more, not less, cases.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  32. President Mbeki, as head of the African Union High-level Panel, contacted me upon taking office and requested information on our activities and on crimes committed in Darfur. My Office submitted written observations to the Mbeki panel. We noted that the Government of the Sudan had created multiple judicial instruments and courts, but never allowed these courts to fulfil their mandates. The Mbeki panel shared this analysis in its own report (S/2009/599, annex I), stating that: "As a result of the failings of the State in dealing with the grave situation in Darfur, faith in the criminal justice system has been severely eroded. To restore confidence and prevent impunity, a root and branch change will be required." On 7 July, I was received by the full panel at African Union headquarters in Addis Ababa. We held a half-day dialogue.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  33. This is the comprehensive approach defined by the Council in resolution 1593 (2005), which encourages the Court to support international cooperation with domestic efforts to promote the rule of law, protect human rights and 09-6333] combat impunity in Darfur, and which emphasizes the need to promote healing and reconciliation in order to complement judicial processes. This is the approach adopted by the Security Council and which the prosecution is following. The League of Arab States, which reported on the commission of massive crimes in Darfur as early as 2004, is active in efforts to promote justice in Darfur. At the initiative of Secretary-General Amr Moussa, international crimes have been included in the Sudanese penal code.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  34. The decision of the judges on the confirmation of charges is expected within two months. In this and the other cases, my Office is continuously taking measures to protect our witnesses. As the Council is aware, individuals falsely suspected of providing evidence to the International Criminal Court have been arrested and tortured in Khartoum. There have been public threats from the Sudanese authorities against anybody who cooperates with the Court's investigation of the crimes in Darfur. We are pleased, however, that no witness has been harmed. There have also been positive developments in our cooperation with institutions that can complement the intervention of the International Criminal Court and promote additional proceedings for other perpetrators as well as truth and reconciliation mechanisms.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  35. Both this Council and the African Union have emphasized the seriousness of the Haskanita attack and the need to bring the perpetrators to justice. We are grateful to a number of States - including Senegal, Mali, Botswana, Nigeria, the Gambia, Chad and the Netherlands - that contributed to the investigation and surrender of the rebel leader. On 20 November in The Hague, the representative of Nigeria, which is an incoming member of this Council, stated: "The Court's function of ensuring accountability for grave crimes is vital for the maintenance of lasting international peace Cooperation is critical in enhancing the effectiveness of the ICC Nigeria is presently assisting the Court in the prosecution of those involved in [...] the Haskanita killings of peacekeepers in Darfur." We are grateful for that support.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  36. On 19 November, rebel leader Bahr Abu Garda, President of the United Resistance Front, was the first person to appear in Court in relation to Darfur crimes. My Office alleges that he is responsible for killing and injuring peacekeepers from Botswana, Senegal, Mali, Nigeria and the Gambia during the attack against the Haskanita bases. Abu Garda appeared voluntarily before the 2 Court and presented his defence, arguing that he was not part of the attack. However, we presented 552 incriminatory items of evidence and called three witnesses to testify during the confirmation of charges. Two of them were peacekeepers from Nigeria and the Gambia who survived the attacks, and the other was a senior Kenyan military expert. For my Office, attacking peacekeepers is a serious crime. It affects millions of civilians in need of aid and security.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  37. Mr. Moreno-Ocampo: Mr. President, I thank you for this opportunity to brief the Council on the judicial activities of the Office of the Prosecutor of the International Criminal Court (ICC) on Darfur. Since my last briefing in June 2009 (see S/PV.6135), there have been positive developments. First, judicial proceedings in relation to the Darfur situation are progressing; secondly, cooperation with the African Union, the League of Arab States and other international bodies has been fruitful; and, thirdly, States and international organizations have maintained consistent support for the execution of the Court's arrests warrants. I shall begin by referring to these three aspects. First, I shall address the International Criminal Court's judicial proceedings.

    2009-12-04 · UN Security Council · Security Council, S/PV.6230 (2009) · source

  38. For the sake of the Darfur civilians, all the parties to the conflict have to stop resorting to violence. This is the absolute priority, to prevent future crimes.

    2009-06-05 · UN Security Council · Security Council, S/PV.6135 (2009) · source

  39. The judges have issued decisions on those most responsible for the most serious crimes in Darfur. There will be no impunity in Darfur. Justice proceedings are in motion. We are at a crossroads. The coming six months will be crucial. Most of the millions of victims of crimes have lived in the camps for four years. Young people are unable to move around. There is no education. There are no jobs. If girls and women go outside the camps, they are raped. If boys go outside, they are killed or, in some locations, abducted to fight. There is a generation of child soldiers in the making. There is a generation of victims faced with two options: they can leave the camps and die the same day or they can remain in the camps and die the day after. Violence will bring no victory.

    2009-06-05 · UN Security Council · Security Council, S/PV.6135 (2009) · source

  40. Should regional organizations succeed in promoting national accountability mechanisms for the victims of other crimes, and stop new abuses, we would not need to intervene further. Allow me to conclude. Resolution 1593 (2005) was one among various decisions taken by the Council to confront the violence in Darfur. Other resolutions of the Council address the need for a comprehensive political settlement in Darfur, for the protection afforded to Darfuris by peacekeepers and for the distribution of aid. All such aspects are key to ending the violence and the crimes in Darfur. The International Criminal Court is fulfilling its judicial mandate to factually and legally describe the crimes committed and to prosecute its cases, respecting 09-36092 the law, respecting the victims and respecting the persons accused.

    2009-06-05 · UN Security Council · Security Council, S/PV.6135 (2009) · source

  41. The Arab League has been pushing successfully for the adoption of a criminal code in the Sudan that includes Rome Statute crimes. The other promises, including the investigation and prosecution of individuals responsible for crimes, no matter what their level or rank, made by the Government of the Sudan to Secretary-General Amr Moussa this past July could, if fulfilled, help turn the tide in the situation in terms of impunity in Darfur. Our efforts complement each other. The role of regional organization in promoting accountability and reconciliation at all levels for the Darfuris and in preventing future crimes is unique. In accordance with the Rome Statute, the International Criminal Court is a court of last resort, complementary to the national judiciary. We have six cases.

    2009-06-05 · UN Security Council · Security Council, S/PV.6135 (2009) · source

  42. As former President Mbeki stated at the panel's inauguration in Addis Ababa on 18 March 2009, the African Union has taken the clear and unequivocal decision that the continent must act not only to end war and violent conflict in Africa, but also to ensure that where war breaks out anyway, all belligerents must know that war crimes, crimes against humanity and other abuses will be punished resolutely and that a culture of impunity will not be permitted to take root and entrench itself. I have had the opportunity to consult with former President Mbeki on several occasions, and we are planning to meet with him and the African Union high- level panel on Darfur. I also had a productive phone conversation with African Union Commission Chairperson Jean Ping this week, on 3 June, and we are planning to meet in Addis Ababa.

    2009-06-05 · UN Security Council · Security Council, S/PV.6135 (2009) · source

  43. My role is of a purely judicial nature, but I fully appreciate the importance of the wider political and security process taking place in Doha aimed at stopping the violence and preventing future crimes. 1 am also liaising with the African Union high- level panel led by former President Thabo Mbeki, which has been mandated by the African Union to address in a mutually reinforcing manner the interlinked issues of combating impunity and promoting peace and reconciliation.

    2009-06-05 · UN Security Council · Security Council, S/PV.6135 (2009) · source

  44. I visited Doha this past week upon the invitation of Prime Minister Al-Thani. He is leading Arab League and African Union efforts to mediate the conflict. I have seen the commitment of the Qatari authorities to ending the violence and promoting peace and the efforts invested by the international community to avoid further violence. The work of the African Union- United Nations mediation for Darfur is crucial to ensuring a comprehensive solution and security for the Darfuris now, and it is moving forward. A year ago, nobody would have dreamed that the peace process would progress so far. One year ago, there was no peace process. This past week, I saw real hope and commitment.

    2009-06-05 · UN Security Council · Security Council, S/PV.6135 (2009) · source

  45. The focus will be on, inter alia, first, any new decision affecting the displaced persons, in particular the role played by the Humanitarian Aid Commission; secondly, the spillover of violence from Darfur into Chad and information related to acts against civilians promoted by the Ministry of Defence of the Sudan and others; and thirdly, the use of child soldiers by various parties, including some rebel movements. I have prosecuted the crime of the recruitment of child soldiers in the Labanga case in the situation of the Democratic Republic of the Congo. It is a crime with a terrible impact on victims, their communities and their futures. It destroys generations. Finally, it is a main objective of my Office in the months to come to build upon its cooperation with regional organizations as provided for in resolution 1593 (2005).

    2009-06-05 · UN Security Council · Security Council, S/PV.6135 (2009) · source

  46. Over the past six years, the Sudan has tried and completed only seven cases, from the dockets of the ordinary courts, and with no connection with the campaign of crimes coordinated by Ahmed Haroun, perpetrated by Ali Kushayb and others and ordered by President Omar Al-Bashir. In the coming six months, in accordance with its mandate, my Office will continue to monitor crimes and galvanize efforts to arrest fugitives. Let me be clear: I do not plan to open a new investigation during the coming six months, but I will continue to review new information on ongoing crimes.

    2009-06-05 · UN Security Council · Security Council, S/PV.6135 (2009) · source

  47. Some have publicly reasserted their obligations, should indictees elect to travel in their territory. States not parties to the Statute have no such legal obligation, but resolution 1593 (2005) urges them to cooperate fully with the Court. They can help the process of justice and deter new crimes by consistently raising with the Sudanese authorities their duty to respect Security Council resolutions and the ensuing decisions of the Court. With regard to complementarity, I can confirm that, as of now, there are no national proceedings in the Sudan in relation to the massive crimes investigated by the Court. The most recent report of the Government of the Sudan circulated to the African Union and the United Nations on 2 February of this year indicated no new developments in that regard.

    2009-06-05 · UN Security Council · Security Council, S/PV.6135 (2009) · source

  48. Three year later, in June 2008, the Council confirmed its decision in the presidential statement published as document S/PRST/2008/2l. In July 2008, a few days after my Office submitted to the Judges an application for an arrest warrant against President Omer Al-Bashir, the Council also adopted resolution 1828 (2008), which again emphasized the need to bring to justice the perpetrators of such crimes and urged the Government 3 of the Sudan to comply with its obligations in that respect. Those resolutions, as well as the presidential statement, establish a clear framework. States parties to the Rome Statute have the responsibility to arrest and surrender any indictee travelling to its territory. There is no immunity under the Rome Statute. States parties have taken a number of initiatives in that regard.

    2009-06-05 · UN Security Council · Security Council, S/PV.6135 (2009) · source

  49. International experience, such as in the cases of Slobodan Milosevic and Charles Taylor, as well as national experiences, indicate to us that the implementation of a judicial decision against a head of State is a process that can take time - months or years. In the end, however, they have all faced justice. The Government of the Sudan also has the duty to arrest Ahmed Haroun and Ali Kushayb. The designation of Ahmed Haroun as Governor of South Kordofan contravenes the resolutions of the Security Council. He has to be arrested and sent to The Hague. The arrest of persons sought by the Court is a process. It is first and foremost the responsibility of the Government of the Sudan. By resolution 1593 (2005), the Council established the duty of the Government of the Sudan to cooperate with the Court.

    2009-06-05 · UN Security Council · Security Council, S/PV.6135 (2009) · source

  50. I will be precise in order to facilitate the planning of other actors involved. The judicial process is going ahead. The hearing for the confirmation of the charges against Bahar Idriss Abu Garda in the Haskanita case is scheduled for 12 October in The Hague. It will require the appearance of very few witnesses. The rebel groups have to facilitate the appearance of the other two commanders. They have committed to do so. They must now act. The arrest warrant concerning President Al-Bashir has been sent to the Sudanese authorities. The Government of the Sudan has the responsibility to arrest him. Their legal obligation stems from the United Nations Charter and resolution 1593 (2005).

    2009-06-05 · UN Security Council · Security Council, S/PV.6135 (2009) · source