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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un-security-council

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  1. In our second investigation, we collected evidence showing a pattern of attacks by Sudanese officials against civilians, in particular against those 2.5 million people forcibly displaced into camps. In our third 08-36743 investigation, we focused on the Haskanita attack, attributed to rebels. Let me give you further details. In Darfur, the evidence shows an organized campaign by Sudanese officials to attack civilians, with the objective of physically and mentally destroying entire communities. Over a period of five years, they have been relentlessly attacked throughout Darfur: attacked in their villages, attacked in the camps, their land usurped. The first phase of attacks in 2003 to 2004 affected 4 million people. Since 2005, villages are still being attacked. What is the difference between those two phases?

    2008-06-05 · UN Security Council · Security Council, S/PV.5905 (2008) · source

  2. The Sudanese Government accepted UNAMID peacekeepers and aid workers in Darfur. The same Government is promoting Ahmad Harun. The Sudanese Government tolerates the firefighters and promotes the arsonists at the same time. The international community cannot ignore the arsonists; if they remain, there will never be enough firefighters. The Security Council has the power to ensure the cooperation of the Sudan. The issue of arrests has to be central in any conversation with the Sudan. It is the first step. The Council must make publicly clear that the two fugitive indictees and those who protect them will not benefit from any lenience or any support from the international community. In December, I informed the Council that my Office was opening two new investigations.

    2008-06-05 · UN Security Council · Security Council, S/PV.5905 (2008) · source

  3. The Government of the Sudan does not recognize the jurisdiction of the Court, a jurisdiction that the Security Council granted. As of today, and even to Council members in Khartoum, Sudanese officials insist that "the ICC has no jurisdiction over Darfur". Impunity is not an abstract concept. Ahmad Harun is attacking the victims in the camps today. As Minister of State for Humanitarian Affairs, he is hindering humanitarian aid. As a member of the African Union-United Nations Hybrid Operation in Darfur (UNAMID) oversight committee, he is affecting the deployment and safety of peacekeepers. As a member of the National Congress Party-Sudan People's Liberation Movement Committee, he was sent to Abyei to manage the conflict. Abyei was burned down, and 50,000 citizens were displaced.

    2008-06-05 · UN Security Council · Security Council, S/PV.5905 (2008) · source

  4. In April 2007, the Judges of the International Criminal Court issued arrest warrants against Ahmad Harun, former Minister of State for the Interior, and Ali Kushayb, a militia/Janjaweed leader, for crimes against humanity and war crimes. It was an opportunity for the Sudan to break the criminal system unveiled by the Court, to surrender the 08-36743 indictees, to start proceedings against lesser perpetrators. This opportunity was lost. The Sudan, a State Member of the United Nations, has the legal obligation and the ability to arrest and surrender Ahmad Harun and Ali Kushayb. I report today that the Government of the Sudan is not cooperating with the Court. There has been no improvement since December. The Government of the Sudan is not complying with resolution 1593 (2005).

    2008-06-05 · UN Security Council · Security Council, S/PV.5905 (2008) · source

  5. The evidence will identify those most responsible for crimes against civilians in Darfur, in particular the Fur, Masalit and Zaghawa communities. I inform the Council that I will present a second case to the Judges of the International Criminal Court in July. My Office has a duty not to intervene when national authorities are conducting national proceedings. That is the principle of complementarity. The Sudan claimed that it would investigate and prosecute perpetrators of crimes in Darfur. Various courts and investigative mechanisms were created. However, the Office has found no trace of Sudanese proceedings in relation to crimes in Darfur during the last three years. The Government itself has clarified that there were none.

    2008-06-05 · UN Security Council · Security Council, S/PV.5905 (2008) · source

  6. But three years ago, the Security Council referred the Darfur situation to the Court and thus sent an even more concrete message: there can be no impunity for perpetrators of massive atrocities in Darfur. Today we have an historic opportunity to confirm those messages, to move from principles to action. Massive crimes are still being committed in Darfur. Girls are still being raped. Children die as their schools are bombed. The entire Darfur region is a crime scene. Over the last five years, despite promises and denials, millions of civilians have been targeted by officials who vowed to protect them. Impunity reigns. Today we have an historic opportunity to confront those massive crimes. My Office received a mandate from the Council. This mandate is justice. I will fulfil my mandate. I have collected compelling evidence.

    2008-06-05 · UN Security Council · Security Council, S/PV.5905 (2008) · source

  7. Mr. Moreno-Ocampo: As in the past, I am grateful for this opportunity to give the Council clarity on the activities undertaken by my Office and on the activities planned. This is an historic opportunity. As I brief the Security Council today in the Council Chamber, the Assembly of States Parties to the Rome Statute of the International Criminal Court is in session in New York, and Security Council members are in Africa. They have just met with the Government of the Sudan in Khartoum. This is an historic opportunity. Ten years ago, countries from all over the world adopted the Rome Statute creating the International Criminal Court (ICC). They sent a new and powerful message: there can be no impunity for perpetrators of genocide, crimes against humanity and war crimes.

    2008-06-05 · UN Security Council · Security Council, S/PV.5905 (2008) · source

  8. This same consistency is needed throughout the United Nations. It would be both inaccurate and confusing to convey in any way to the Government of the Sudan that the arrest warrants and the obligation to comply with resolution 1593 (2005) will go away. The only realistic solution today is to request the removal and arrest of Harun as a first step to any solution. That will send a signal to the perpetrators of crimes in Darfur that the international community is not only watching, but will also hold them accountable for their actions. The Council can make a difference; it can break the criminal system. What is at stake is, quite simply, the life or death of 2.5 million people.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  9. He must be arrested. Maintaining Harun in his position is a clear indication of collusion with other officials. Who is taking responsibility for supporting him? This is the new case I will bring to the Judges. Maintaining Harun in his position is a direct threat to millions of victims and to the humanitarian workers and peacekeepers seeking to protect them. When will there be a better time to arrest Harun? How many more women and girls have to be raped? How many persons have to be killed? Must we really wait, again, for the destruction of entire communities? I ask the Security Council for consistency. I ask the Security Council to send a strong and unanimous message today to the Government of the Sudan, requesting compliance with resolution 1593 (2005), requesting the execution of the arrest warrants.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  10. I am very grateful for the Secretary-General's efforts to remind President Al-Bashir of his obligation to execute the arrest warrants. Since June, I have also briefed the European Union and ministers of European Union member States. I have continued constructive exchanges with the Secretary-General of the League of Arab States and with its member States on international criminal justice. I have been invited to visit a number of States in the region next year. Their support for the independence and impartiality of my work is invaluable. I have informed the Security Council today that the people of Darfur are being attacked by members of the Government in their homes and in the camps. This is the reality. Ahmad Harun, a man charged with 50 counts of crimes against humanity and war crimes should not be entrusted with his victims' safety.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  11. Allow me to address further the issue of cooperation. First, I want to thank all those who have responded to our requests for information on the possible movements of our indictees. I am pleased to report that no State has been reluctant to share information. Regarding cooperation with the African Union, Deputy Prosecutor Fatou Bensouda and I met with members of the African Group in New York. I thank South Africa for having hosted such meetings. On 20 June 2007, I updated the President of the African Union, Ghanaian President Kufuor, on our work in Darfur. We also met with the representative of Congo in August in his then-capacity as President of the Security Council. Since June, the Deputy Prosecutor and I have met, respectively, with Secretary-General Ban Ki-moon and Deputy Secretary-General Asha-Rose Migiro.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  12. Such attacks or threats of attack on peacekeepers and aid personnel will be investigated by my Office. They can constitute a war crime under the Rome Statute. They also further undermine efforts to protect the civilian population. We note with concern that the Sudan is taking no measures to protect international forces. There are allegations that some Sudanese aircraft have been painted with United Nations or African Union colours and are used in Darfur. Such acts - among others - undermine the United Nations and African Union, create the impression of collusion and can encourage attacks against them. I wish to take this opportunity to ask all members of the Security Council, all States Members of the United Nations and all relevant organizations to volunteer specific information and thus assist in conducting our two new investigations.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  13. My Office will proceed to investigate who bears the greatest responsibility for ongoing attacks against civilians, who is maintaining Harun in a position to commit crimes and who gives him instructions. That is my second case. Allow me now to address our other new investigation. On 29 October, 10 soldiers of the African Union Mission in the Sudan (AMIS) were killed, eight were injured and one was unaccounted for after the attack on the Haskanita base. The incident appears to have been committed by rebel forces. It represents an increasing trend in attacks against African Union, United Nations and other international workers by various forces, a trend which my Office is monitoring with concern. Attacks on humanitarian convoys have a devastating effect.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  14. In Darfur in 2003 and 2004, we witnessed the first phase of the criminal plan coordinated by Ahmad Harun. Millions of people were forced out of their villages and into camps. Now, in the second phase - happening right now in front of our eyes - the victims are being attacked in the camps. Ahmad Harun is a key actor, but he is not alone. Failure to take any steps to investigate or arrest him and failure to remove him from office are clear indications of the support he receives from other high officials. The failure to protect persons displaced from constant attacks by militia/Janjaweed and Government of the Sudan agents and the failure to facilitate the deployment of peacekeepers who could protect the victims are clear indications of endorsement, acquiescence or active participation by other high officials.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  15. The Humanitarian Aid Commission also plays a pivotal role in hindering humanitarian assistance. Aid workers must have Commission permission to enter the Sudan and then Darfur. The Commission manages the complex system of permits needed to access camps. When international staff expose the reality, they are expelled. There is no connection here with inter-tribal clashes. Allow me to remind the Council that the Commission is nothing new in the Sudan. In fact, it is similar to the Peace and Resettlement Administration created in South Kordofan in the 1990s. That Administration had close links to national security, was dominated by former security staff, oversaw internally displaced persons camps and collected information to prepare attacks on villages. Ahmad Harun was Executive Director of the Administration from 1997 until 2000.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  16. These are not inter-tribal clashes. Ahmad Harun himself was present during specific operations against internally displaced persons camps in past months. He was in Nyala on 20 August, 07-6267 as arrest operations started in Kalma. That was not an inter-tribal clash. All indications show that the so-called eruptions of violence and in-fighting in the camps reflect a well- designed strategy. Local civilian leaders are killed or arrested to undermine any structure within the camps. Attempts are made by Sudanese officials to dismantle the big camps, including by trying to forcibly relocate the displaced. We have witnessed the same modus operandi in Kalma and Hamadiya in past months. The objective is to disperse the inhabitants of the bigger camps into smaller groups, which are easier to control.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  17. As Minister of State for Humanitarian Affairs, Ahmad Harun - a man indicted by the International Criminal Court - is responsible for providing relief, for working with international aid organizations and for coordinating with relevant security organs the security in the internally displaced persons camps. Formally, he shares responsibility for the safety and well-being of the displaced population. In reality, he joins in constant abuses against them. The Humanitarian Aid Commission, a component of the Ministry for Humanitarian Affairs, comprising mostly security personnel, is allowed to enter and gather intelligence within the camps. They promote organized disturbances with the assistance of factions close to the Government. Then, as international actors and sheikhs try to find solutions, the camps are raided by security forces.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  18. Victims are faced with two options - remaining under attack in the camps or going back to hostile territory. Let me repeat that: Victims are faced with two options - remaining under attack in the camps or going back to hostile territory. They are left with no hope for the present and no prospect for the future. That is how the slow destruction of entire communities is pursued - in full sight of the international community. The Sudan is not fulfilling its duty to protect its citizens and is allowing members of the Government to attack them.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  19. That is not an inter-tribal clash. In the camps, 2.5 million victims are deliberately kept in a state of destitution. Obstacles to the delivery of aid are part of the pattern of attacks. In the camps, 2.5 million persons are deliberately kept in a state of insecurity, surrounded by hostile forces and threatened with forced relocation to hostile territory. Instead of upholding their promises to facilitate returns, Sudanese officials are said to facilitate the settlement of militia/Janjaweed supporters on land inhabited previously by Fur and Masalit. In addition, approximately 35,000 Chadians have also been encouraged to settle in destroyed villages or surrounding land. Fur, Masalit and Zaghawa are thus deprived of a safe place to return. Resettlements are consolidating the displacements.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  20. Examples include the joint attack on Muhajiriya by allied forces of the Government of the Sudan and militia/Janjaweed on 8 October 2007, just two months ago. Forty-eight civilians were killed; people praying in a mosque were rounded up and slaughtered. That was not an inter- tribal clash. The Sudanese Air Force bombing of Adilla in August 2007, producing 20,000 new displaced persons, was not an inter-tribal clash. In the camps, 2.5 million victims already displaced are subjected to persecution and abuses - sexual violence, illegal detentions and unlawful killings. Far from disarming the militia/Janjaweed, as it committed to do, the Government of the Sudan has for the most part integrated them into its security apparatus and stationed them in the vicinity of camps. Rapes of women when they leave the camps are systematic.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  21. First, we will investigate present acts of violence against civilians, in particular the victims of displacement. We are witnessing a calculated, organized campaign by Sudanese officials to attack individuals and further destroy the entire community. All information points not to chaotic and isolated acts, but to a pattern of attacks. We cannot and should not deny reality. Calling those crimes "chaos" or "sporadic violence" or "inter-tribal clashes" is a cover-up. The campaign of terror of 2003-2004 has achieved the forced displacement of 2.5 million people. Most of the villages have been burned down, but in Darfur today, in the few remaining villages, civilians are still being attacked and forced to flee.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  22. In our first case, we demonstrated how, in 2003 and 2004, Ahmad Harun, as Minister of State for the Interior, coordinated a criminal system. He recruited and used militia/Janjaweed to supplement the Sudanese Armed Forces and incite them to attack civilians. In Darfur today, massive crimes continue to be committed. I am therefore preparing to open two new investigations. First, we have consistent indicia showing a pattern of attacks by Sudanese officials against civilians, in particular against those 2.5 million people who have been forcibly displaced into camps. Secondly, we have reports of an increasing number of attacks against humanitarian personnel and peacekeepers, as happened in Haskanita, with rebel involvement. Let me give the Council further details on those forthcoming investigations.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  23. The Sudan, a United Nations Member State, has not complied with its obligation under resolution 1593 (2005) to arrest and surrender the indictees. The Government of the Sudan is repeatedly challenging the Council's authority to give jurisdiction to the International Criminal Court. On 1 November in the General Assembly, the representative of the Sudan, Ambassador Abdalhaleem Mohamad, stated that, since the Sudan was not a member of the Rome Statute, the Court held no jurisdiction there. I will ask the Council to ensure respect for resolution 1593 (2005). In June, I informed the Council that my Office would monitor current crimes. Today, I will provide as 3 much clarity as possible on the next steps. I hope that such information will be useful to the Council's work.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  24. He accompanied President Bashir to Darfur on 18 June 2007. He, along with the Minister of Interior and Director General of the Police, attended the 5 September meeting when President Bashir appointed Nafie Ali Nafie to the Darfur portfolio in charge of the talks in Sirte. On this occasion Ahmad Harun reported on the "improvement" of the humanitarian situation in Darfur. In September, he was also appointed to a committee on human rights violations and breaches of the constitution in the south and north. There is more. There is more with potential risks for the peacekeeping operations. As of 18 November, the Government's official website announced that Ahmad Harun has now been appointed to the African Union/United Nations Hybrid operation in Darfur (UNAMID) national monitoring mechanism group, overseeing the deployment of UNAMID.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  25. 07-6267 Regarding Ahmad Harun, all public information indicates that he would neither be surrendered to the International Criminal Court nor subject to national proceedings. The media reported in August a statement by the Sudanese Minister of Interior Bashir Taha that Harun had been interrogated but the evidence against him did not stand scrutiny. And, he added, whether it did or not, it was a matter for Sudan to decide and act upon and that the Prosecutor had no jurisdiction there; he was an intruder. Even more serious, there are expressions of support in Khartoum in Harun's favour. Since the issuance of the warrants, Ahmad Harun has been maintained in his current position as Minister of State for Humanitarian Affairs. He is even acting Minister since the withdrawal of the Sudan People's Liberation Movement/Army from the Government.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  26. The Government of the Sudan has not complied with resolution 1593 (2005). The Government of the Sudan is not cooperating with my Office, or with the Court. Ahmad Harun and Ali Kushayb have not been arrested and surrendered. While the Sudan continues to publicly insist that it is willing and able to prosecute those responsible for serious crimes, they have done nothing. While the Sudan has known the nature of the case against Ahmad Harun and Ali Kushayb for ten months, they have done nothing. They have taken no steps to prosecute them domestically or to arrest and transfer them to The Hague. Ali Kushayb, against whom the Government had previously indicated that there was an investigation, was reported on 30 September by the media to have been released for lack of evidence.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  27. On 17 October, the Registry submitted a request to the Sudan for an update as to activities undertaken in the execution of the warrants and as to any difficulty which may have arisen, with a time limit of 15 November. The Court has received no response from the Sudan. Under the terms of Security Council resolution 1593 (2005), "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 pursuant to this resolution". The Sudan, a Member State of the United Nations, has the legal obligation to cooperate to arrest and surrender Ahmad Harun and Ali Kushayb and has the ability to do so. I report today to the Security Council that the Government of the Sudan has not complied with its legal obligation.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  28. On 27 April, the Pre-Trial Chamber of the International Criminal Court issued arrest warrants against Ahmad Harun, former Minister of State for the Interior of the Sudan, and Ali Kushayb, a militia/Janjaweed leader integrated with the popular forces who committed crimes against humanity and war crimes. 07-6267 The Pre-Trial Chamber found that the case fell within the jurisdiction of the Court and was admissible, without prejudice to future challenges under the Statute. Since then, the Court has received no communication from the Sudan concerning national proceedings. There has been no challenge to admissibility from either the Government or from Ahmad Harun or Ali Kushayb. The Court transmitted the request to execute the warrants to the Government of the Sudan on 16 June 2007. Interpol Red Notices were subsequently disseminated.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  29. We interviewed Sudanese officials in Khartoum and were provided with the report of the National Commission of Inquiry as well as a report from the Ministry of Defence. After this, my Office continued to assess whether or not the Sudan investigated the case selected by the Prosecution. My Office met with all Judges and the Prosecutors of the Darfur Special Courts and we also met with the Minister of Justice. In December 2006, I informed this Council that I was ready to submit evidence to the Judges by February 2007. I indicated, however, that my Office would go to the Sudan to check again information on national proceedings. The mission to Khartoum took place from 27 January to 7 February 2007 and found that no investigations in the Sudan addressed our case. On 27 February, I presented my evidence to the Judges.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  30. Before opening an investigation, and in accordance with the principle of complementarity, my Office reviewed whether there were national proceedings related to allegations of serious crimes in Darfur. Having found no such proceedings, I opened a first investigation in June 2005. We examined allegations of crimes committed by all parties. We focused our efforts on the most serious crimes, which occurred in 2003 and 2004. We investigated brutal attacks on the villages of Mukjar, Bindisi, Arawala and Kodoom. We looked impartially at incriminating and exonerating facts. We identified direct victims of crimes living in 17 countries and eyewitnesses who gave strong evidence. In addition, we collected evidence from a wide range of sources, including the Government of the Sudan.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  31. Mr. Moreno-Ocampo: Mr. President, thank you for the opportunity to brief the Council on the activities of my Office. On 31 March 2005, the Council determined that the situation in the Sudan continued to constitute a threat to international peace and security and decided to refer the situation in Darfur to the Prosecutor of the International Criminal Court. On 5 April 2005, I met with the Secretary- General in New York to receive a sealed envelope with the conclusions of the International Commission of Inquiry on Darfur and a list of 51 names. I read the document; I sealed it again. As the Prosecutor of an independent court, I could not and did not use this list in my subsequent work.

    2007-12-05 · UN Security Council · Security Council, S/PV.5789 (2007) · source

  32. The Office is now moving forward to finalize its preparations for pre-trial proceedings against Mr. Harun and Mr. Kushayb. The key is their arrest and surrender. The Office relies on the Security Council, on United Nations Member States, on the States parties to the Rome Statute and on its key partners - the African Union and the League of Arab States - to continue to encourage the Sudan to arrest and surrender Ahmad Harun and Ali Kushayb to the International Criminal Court.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  33. The Office has benefited from exchanges of views with Special Envoys Jan Eliasson of the United Nations and Salim Salim of the African Union. I am regularly briefing the Secretary-General of the League of Arab States, as well as the States members of the League. Their understanding of the independence and impartiality of the Office is, and will continue to be, crucial. The Court continues to improve its understanding of local communities; that was the purpose of the 07-3718] Registrar's recent visit to Chad. Relevant Court documents have been translated into Arabic and disseminated, also for that purpose. In resolution 1593 (2005), the Security Council concluded that justice and accountability are critical components to achieving lasting peace in Darfur.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  34. 07-3718] Resolution 1593 (2005) invites the Court and the African Union to discuss practical arrangements for facilitating the work of the Prosecutor and the Court. The Office has met regularly with African States and with representatives of the African Union. The President of the Court, the Prosecutor and the Registrar were invited to brief the African Union's Permanent Representatives Committee on 1 March. I am grateful for the support of the African Union presidency in that regard. The President of the Court, the Registrar and I will meet with the President of the African Union, Ghanaian President John Kufuor, on 20 June. Discussions are also progressing in relation to the conclusion of a memorandum of understanding dealing with the general relationship between the Court and the African Union. Other contacts have been helpful.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  35. A degree of cooperation has been forthcoming. However, requests for assistance - including requests to question Ahmad Harun and Ali Kushayb - remain outstanding. In a 15 February letter, Mr. Ali Karti, Minister of State for Foreign Affairs, confirmed the Government's refusal to allow for such questioning. Major interlocutors with the Government of the Sudan have encouraged them to assume their responsibility to cooperate with the International Criminal Court. We are grateful for their support. In a 17 April letter, the Office sought clarification from the Sudanese Government as to its intention whether or not to cooperate. No response was forthcoming; on the contrary, a number of statements were made publicly and continue to be made to the effect that the Government of the Sudan will not work with the Court.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  36. And the investigation concerning Ali Kushayb does not relate to the same incidents as those investigated by the Office; it does not connect Ali Kushayb to Ahmad Harun. The Sudanese investigations do not encompass the same persons or the same conduct that are the subject of the case before the Court. The Pre-Trial Chamber concluded that the case against Ahmad Harun and Ali Kushayb falls within the jurisdiction of the Court and appears to be admissible. Paragraph 2 of resolution 1593 (2005) requires the Government of the Sudan and all other parties to the conflict in Darfur to cooperate fully with and provide necessary assistance to the Court and the Prosecutor. Since the beginning of our investigation, the participation of the Government of the Sudan in the process has been important to ensure a full picture of the events in Darfur.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  37. Ali Kushayb was one of those named in connection with those incidents. In a mission to Khartoum carried out from 27 January to 7 February 2007 to analyse those developments, the Office met with the Minister of Justice, the Under-Secretary for the Ministry of Justice, the Chief Justice of West Darfur and the President of the Special Court for West Darfur. We interviewed the three special advisers of the Judicial Investigation Committee. The Prosecution's case is concerned with Ahmad Harun and Ali Kushayb joining together as part of a systematic and organized initiative to attack civilian populations in Darfur. There is no investigation in the Sudan into such criminal conduct. No proceedings have taken place in relation to Ahmad Harun.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  38. Since my first report to the Security Council, in June 2005 (see S/PV.5216), the Office has devoted considerable efforts to assessing whether its case was admissible under the Statute. Let me emphasize, as I have in the past, that this admissibility assessment is not a judgement regarding the Sudanese justice system as a whole, but an assessment of whether the case selected by the Prosecution has been or is being investigated by the Sudan. The Prosecution has followed closely all accountability initiatives of the Sudanese authorities. In a series of exchanges with the Government of the Sudan, the Office sought updates on the status of national proceedings. The Sudanese Ministry of Justice reported in a 9 December letter that 14 persons had been arrested in relation to incidents in South Darfur and West Darfur.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  39. Any alleged crimes taking place in 2007, since Chad became a State party, are subject to the jurisdiction of the International Criminal Court. Thirdly, on 22 May my Office announced the opening of an investigation in the Central African Republic. That investigation is focused on crimes allegedly committed during the years 2002 and 2003, when there was a large-scale commission of crimes including a huge number of rapes. My Office is also monitoring the situation throughout the Central African Republic, including reports of violence in the north since 2005. On the border with Darfur, there have been incidents of violence in the context of allegations of support for rebel groups from the Sudan.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  40. It is of particular concern to my Office that Ahmad Harun, an individual sought by the Court for atrocities committed against the civilian population - atrocities that forced their displacement - is still today Minister of State for Humanitarian Affairs in the Government of the Sudan, with the responsibility to watch over these vulnerable people and the international personnel helping them. I ask the Council to address that unacceptable situation during its next mission to Khartoum. Secondly, in eastern Chad the Office has gathered data on reported attacks in the villages of Tiero and Marena in March 2007 and attacks on refugee camps. Incursions from militia/Janjaweed from the Sudan have been reported, as well as the presence of Sudanese rebels in Chad and the presence of Chadian rebels in the Sudan.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  41. There are allegations of crimes by rebel forces, including against international personnel. There are reports of attacks against internally displaced persons, in particular the rape of women venturing outside the camps. And there is information about local clashes, some allegedly motivated by efforts to reward those collaborating with the militia/Janjaweed. We are conducting a preliminary judicial analysis of all of that. From the information gathered, it appears that the parties to the conflict continue to violate international humanitarian law. The Office reiterates that those bearing the greatest responsibility must be brought to 3 justice.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  42. In parallel, to uphold its duty to protect victims and witnesses, my Office continues to monitor the security of witnesses and to implement protective measures. Let me also reiterate in that context the importance of witness relocation agreements. In addition, as indicated in my December 2006 report, the Office is continuing to gather information about current crimes committed by all the parties to the conflict in Darfur and is monitoring the spillover of violence in Chad and the Central African Republic, which are both States parties to the Rome Statute. Let me emphasize, in that respect, a number of strong concerns. First, in Darfur there are serious allegations of indiscriminate and disproportionate Sudanese Government air strikes from January through April, with some villages bombarded for as long as 10 days.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  43. In our cases, State and local security committees in Darfur, which were comprised of representatives of the army, the police and intelligence agencies, reported to Ahmad Harun, especially on matters relating to the staffing, funding and arming of the militia/Janjaweed in the context of the counter- insurgency. Ali Kushayb - "Aqid al Oqada" or "colonel of colonels" in the Wadi Salih locality of West Darfur - personally led militia/Janjaweed during attacks on the four villages mentioned, presiding over summary executions and mass rapes. The next step should be the arrest of Mr. Harun and Mr. Kushayb and their appearance in court, followed by proceedings relating to confirmation of the charges.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  44. In its decision on 27 April, the Pre-Trial Chamber determined that there were reasonable grounds to believe that Ahmad Harun and Ali Kushayb are criminally responsible for the crimes described by the prosecution, namely 51 counts of crimes against humanity such as persecution, murder, rape and other forms of sexual Violence, torture, cruel treatment, unlawful imprisonment, pillaging and forcible transfer of civilians, and war crimes such as rape, intentionally attacking civilians and pillaging. Ahmad Harun was appointed Minister of State for the Interior shortly after the April 2003 rebel attack on 07-3718] the Al Fashir airport. Ahmad Harun was also tasked to head the Darfur security desk. He had gained experience mobilizing and recruiting militia to serve in counter-insurgency efforts whilst in Kordofan, South Sudan, during the 1990s.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  45. Acting together in that campaign the Sudanese Armed Forces and the militia/Janjaweed carried out attacks in Kodoom, Bindisi, Mukjar and Arawala approximately between August 2003 and March 2004. They did not target any rebel presence within those villages. Rather, they attacked these villages based on the rationale that those civilians were supporters of the rebels. That strategy became the justification for the mass murder and mass rape of civilians who were known not to be participants in any armed conflict. It achieved the forced displacement of entire communities.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  46. The Darfur investigation has been ongoing for just over two years. My Office has conducted an independent and impartial investigation. We have focused on some of the most serious crimes and on the individuals who, according to the evidence collected, bear the greatest responsibility for those crimes. Our case focuses on incidents in 2003 and 2004 when the highest number of crimes was recorded. Crimes were committed in Darfur in the context of an armed conflict between the Sudanese security forces, along with the militia/Janjaweed, and organized rebel groups, including the Sudan Liberation Army and the Justice and Equality Movement. From 2003 on, the conduct of the counter- insurgency campaign resulted in attacks against mainly the Fur, Masalit and Zaghawa civilian populations who were deemed to support or sympathize with the rebels.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  47. The Security Council and regional organizations must take the lead in calling on the Sudan to arrest the two individuals named and surrender them to the Court. The territorial State, the Sudan, has the legal obligation and the ability to do so. And we count on every State to execute an arrest should either of those individuals enter their territory. We hope that the cooperation of the Sudan with the International Criminal Court can be 07-3718] addressed during the Security Council's mission to Khartoum. The Darfur situation requires a comprehensive solution. The International Criminal Court is doing its part. The Office will complete its first investigation and will continue to evaluate information about current crimes. As the Rome Statute emphasizes, justice for past and present crimes will enhance security in Darfur.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  48. There are 4 million people in need of humanitarian assistance in the region. There are 2million internally displaced people, immensely vulnerable. There are continuing attacks against them and against international workers, as well as frequent impediments by the authorities to the delivery of assistance. Presiding over this dire situation is Ahmad Harun, the same individual sought by the Court. Ahmad Harun is now Minister of State for Humanitarian Affairs. This is the same man who in 2003, at a public meeting, declared that in being appointed to the Darfur security desk, he had been given all the power and authority to kill or forgive whoever in Darfur, for the sake of peace and security. The law requires the appearance of Ahmad Harun and Ali Kushayb in court. That major challenge demands the unconditional cooperation of all.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  49. The Prosecution's case demonstrated how Ahmad Harun organized a system through which he recruited militia/Janjaweed, funded militia/Janjaweed and armed militia/Janjaweed to supplement the Sudanese Armed Forces and incited them to attack and commit massive crimes against the civilian population in Darfur. The prosecution's case demonstrated that Ali Kushayb, by personally delivering arms and leading attacks against villages, was a key part of that system. Acting together, they committed crimes against humanity and war crimes. The judges have issued arrest warrants against Mr. Harun and Mr. Kushayb. In accordance with the Court's decision, the Registry is in the process of transmitting requests for cooperation to execute the warrants. The ongoing situation in Darfur remains alarming.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source

  50. Mr. Moreno-Ocampo: Thank you, Mr. President, for this opportunity to brief the Security Council on the activities of my Office. Since my report of December last year (see S/PV.5589), I presented evidence, on 27 February 2007, to the judges of the International Criminal Court. The judges rendered their decision on 27 April 2007. The judges found that the evidence presented 2 offered reasonable grounds to believe that Ahmad Muhammad Harun, former Minister of State for the Interior of the Government of the Sudan, and Ali Muhammad Ali Abd-Al Rahman, otherwise known as Ali Kushayb - a militia/Janjaweed leader - joined together to persecute and attack civilians in Darfur.

    2007-06-07 · UN Security Council · Security Council, S/PV.5687 (2007) · source