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

“The strength and impact of that signal depends on the support and cooperation of the Council, the Government of the Sudan and other relevant States.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“I will continue to seek that information from the Government of the Sudan, and I will keep the Council informed of progress in that regard. By referring the situation in Darfur to the Court, the Security Council has reaffirmed that peace and security require justice. That relates not only to past crimes, but also to the current crimes that are protracting the suffering of millions of those who are most vulnerable, including those in the camps for the displaced, and threatening stability beyond the borders of Darfur. As my Office moves towards the completion of the investigation and the presentation of evidence in 06-66000 relation to the first case, it sends a signal to those who are considering committing further crimes that they cannot do so with impunity.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“A detailed request was submitted to the Sudanese authorities in June 2006, including a request for specified documentation and access to civilian and military officials for interview purposes. As I indicated earlier, in August 2006, representatives from my Office travelled to the Sudan and conducted formal witness interviews with two senior Government officials, who because of their positions could provide information relating to the conflict in Darfur and to the activities of the security forces and other groups. Meetings also took place with other officials who provided an update on national proceedings. A limited amount of documentation was also provided. 06-66000 There are a number of outstanding requests for documents and interviews that remain an important feature of the fact-finding process.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“There has also been progress in relation to the requests for assistance transmitted by my Office in February 2006 to the African Union Mission in the Sudan (AMIS). The first batch of information from AMIS was delivered in June, and we are working to collect the remaining information requested, as well as preparing additional requests for assistance. I have repeated, on a number of occasions, that the participation of the Government of the Sudan in the process is important to ensure an impartial investigation and a view of the events in Darfur that is as balanced as possible. Various requests for assistance have been made in 2005 and 2006 to the Government of the Sudan.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“Following my briefing to the Council in June, I travelled to Addis Ababa with the President of the Court to brief the African Union Peace and Security Council on the activities of the Court, including in relation to Darfur. I also met with Mr. Konare, Chairperson of the African Union Commission, and Ambassador Djinnit, Commissioner for Peace and Security. That visit provided a valuable opportunity to exchange views on the situation in Darfur and enhance understanding as to the procedures and work of the Court. I am discussing a visit to Brazzaville, to have a meeting with the President of the African Union, and I intend to hold further briefings with the African Union as well as the Arab League in 2007.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“The persistent lack of security in Darfur is also reported to have spilled over into Chad and the Central African Republic, leading to allegations of crimes having been committed on the territory of those States. On 1 November, the Government of Chad acceded to the Rome Statute. The Statute will therefore enter into force on 1 January 2007. The Central African Republic is also a State party to the International Criminal Court. The Office is therefore closely following the situation in Chad and the Central African Republic, as well as possible links to the situation in Darfur. The cooperation of the African Union remains important to progress in current and future investigations.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“Between July and September alone, there were reports of the hijacking of 21 humanitarian transports and the ambushing and looting of more than 31 convoys, leading to the deaths of six humanitarian workers and two military observers. Those and other such attacks have caused some organizations to withdraw from Darfur, further entrenching the plight, and endangering the lives, of millions of displaced persons. Attacks on humanitarian personnel are prohibited under international humanitarian law and constitute war crimes falling within the jurisdiction of the Court. The Office continues to collect information relating to those attacks and to those responsible, and may take further action before the Court or provide the information to other relevant authorities where appropriate.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“Despite the signing of the Darfur Peace Agreement by some of the parties to the conflict, there continue to be almost daily allegations of serious crimes, some of which may fall within the jurisdiction of the Court. Violent clashes between factions within the movements, as well as between the different movements, have led to significant numbers of civilians being killed. There are also disturbing reports of a repetition of similar patterns associated with earlier crimes, including reports of attacks on civilian locations by armed militias supported by elements of the Sudanese security forces. Incidents of rape and sexual assault continue to be reported at very high levels. Attacks on humanitarian personnel and peacekeepers are another prominent feature of the current situation in Darfur.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“Therefore, by February 2007, I plan to finalize the submission to the judges and enhance the necessary security measures. I will request the cooperation of the Government of the Sudan in facilitating a visit by members of my Office in January to gather further information on those developments. It will be important during that visit to have access to relevant documents, as well as to 3 the individuals in custody for the purposes of carrying out interviews. I share the grave concerns expressed by the Secretary-General and the Council in relation to the ongoing violence in Darfur and the reports of a spillover of Violence into Chad and the Central African Republic. The perpetrators of those crimes are standing in the way of progress towards peace and security in Darfur, as well as in neighbouring countries.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“In this context, a case involves the specific incidents in which crimes were committed by identified perpetrators. My Office has assessed whether or not the Sudanese authorities are conducting, or have conducted, genuine national proceedings in relation to the same incidents and individuals identified in the current case. As I indicated earlier, since I submitted my report the Government of the Sudan has written to formally indicate that there are developments in the work of the "Judicial Investigation Commission for Investigation and Inquiry [into] Crimes Violating Human Rights and International Humanitarian Law in Darfur", including the arrest of 14 individuals suspected of violations of international humanitarian law and human rights abuses. Those indications do not appear to render the current case inadmissible.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“The Judicial Investigation Committee had not completed any investigations or prosecutions, and the Special Prosecutions Commission was continuing investigations into one incident and had acquitted individuals charged with war crimes in relation to another incident. In November 2006, the Government of the Sudan provided additional information to the Office relating to reported prosecutions of rape cases involving members of the police forces and regular armed forces. It is important to reiterate that the admissibility assessment is not a judgement on the Sudanese justice system as a whole, but an assessment as to whether or not the Government of the Sudan has undertaken genuine proceedings in relation to the cases selected by my Office for prosecution.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“Cases will be prosecuted before the International Criminal Court in situations where there has not been a national investigation or prosecution of the case being brought to the Court by my Office, or where there is, or has been, such an investigation or prosecution but where it was vitiated by an unwillingness or inability to genuinely carry out that investigation or prosecution. 06-66000 During each of the four missions to the Sudan, my Office met with judicial and legal officers, representatives of the Darfur special courts and officials from the Ministry of Justice and other relevant Government departments. In June this year, the Office had information indicating that the special courts had tried six cases, involving less than 30 suspects. Those suspects included 18 low-ranking military officers, with the remainder being civilians.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“The evidence proves that numerous crimes falling within the jurisdiction of the Court were committed, including such crimes against humanity as persecution, murder and wilful killing, rape and other forms of sexual violence, inhumane acts, cruel treatment, outrages upon personal dignity and pillaging, as well as war crimes such as wilful killing, extrajudicial killing, rape and intentional attacks against civilians. In previous reports to the Council, I highlighted the fact that the International Criminal Court is a court of last resort.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“Since the start of the investigation, the Darfur team has conducted more than 70 missions to 17 countries, screening hundreds of potential witnesses and taking more than 100 formal witness statements, many of which were with victims. On the basis of careful evaluation of that evidence, my Office has identified some of the gravest criminal incidents and some of the individuals who could be considered to bear the greatest responsibility.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“That report outlined the various phases of the conflict from the Government's perspective, offered information relating to the activities of the military and security structures operating in Darfur, as well as of the other parties to the conflict, and the legal system governing the conduct of military operations. The report was supplemented by a meeting between representatives of my Office and military officers in Khartoum in June 2006. In August 2006, representatives of my Office again travelled to the Sudan and interviewed two high- ranking civilian and military officials. Those individuals, due to their positions and functions, had knowledge and information relating to the activities of the security forces in Darfur and the conduct of the other parties to the conflict. Reaching the victims was at all times a priority for my Office.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“Those sources include statements from victims as well as Sudanese officials, thousands of documents collected by the International Commission of Inquiry for Darfur and information provided by the National Commission of Inquiry, as well as documents and materials generated by this Council, States and other international organizations. 06-66000 The Government of the Sudan has participated in the process. I would like to recall that, in May 2006, the Sudanese authorities provided a written report responding to questions submitted by my Office.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“I have therefore focused on the most serious incidents and the individuals with the greatest responsibility for those incidents. Following an analysis of the universe of crimes alleged to have been committed in Darfur, I focused the collection of evidence on a series of incidents that occurred in 2003 and 2004, during a period when and in a location where the highest numbers of crimes were recorded. The Office has collected evidence from a wide range of sources, thoroughly investigating incriminating and exonerating facts in an equal, independent and impartial manner.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“By making those advances, I am fulfilling my responsibilities under the Rome Statute, as well as the task set by this Council in resolution 1593 (2005). Since the adoption of the resolution, the violence in Darfur has continued and the suffering of the people of Darfur, including the millions of displaced persons, has grown worse. There are also worrying reports of a spillover of violence into Chad and the Central African Republic. This Council has recognized that justice for the victims will contribute to enhancing security and send an important warning beyond the borders of Darfur to those individuals who might otherwise resort to violence and the commission of crimes to achieve their aims. My Office cannot investigate all of the hundreds of alleged criminal incidents and prosecute all the alleged perpetrators of crimes in Darfur.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“Since the submission of my report to the Council, I have received a formal response from the Government of the Sudan reporting that 14 individuals have been arrested for violations of international humanitarian law and human rights abuses. Those indications do not appear 2 to render the current case inadmissible, and I am therefore planning to finalize the submission for the Judges by February 2007. In its response, the Government notes its previous cooperation concerning the investigation of crimes against humanity in Darfur and reaffirms its commitment to the principle of continuing cooperation with the International Criminal Court. I will therefore request its cooperation to facilitate a visit by representatives of my Office to the Sudan in January to gather information on those developments.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“Mr. Moreno-Ocampo: I welcome this opportunity to brief the Council on the activities of my Office since my last report in June. My Office is currently completing an investigation and the collection of sufficient evidence to identify those who bear the greatest responsibility for some of the worst crimes in Darfur. The evidence provides reasonable grounds to believe that the individuals identified have committed crimes against humanity and war crimes, including the crimes of persecution, torture, murder and rape, during a period in which the gravest crimes occurred in Darfur. Throughout the process, I have devoted considerable resources and given careful attention to the issue of admissibility. In November this year, I requested an update from the Government of the Sudan relating to its national proceedings.”
2006-12-14 · UN Security Council · Security Council, S/PV.5589 (2006) · source
“I have stressed throughout this presentation the need for cooperation in order to ensure accountability, not only for past but also for present crimes within the jurisdiction of the Court that continue to affect the displaced population in Darfur. Our justice effort should contribute to their protection and to the prevention of further crimes. We need more information on groups that continue to attack the displaced population or to impede the latter's access to humanitarian assistance. We turn to this Council to assist us in obtaining this and other types of cooperation essential to implementing resolution 1593 (2005).”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“My Office will, in due course, identify those to be prosecuted on the basis of the evidence collected and present its conclusions to the judges. The ICC is a complementary international mechanism for the delivery of justice for the most serious international crimes. The concern of the ICC is to see that effective justice is delivered to the victims of the crimes in Darfur. That can be achieved either at the national level where the domestic authorities are genuinely willing and able to prosecute those most responsible for the most serious crimes, or by the ICC, or by both. In the coming phase, the Office will seek to complete the investigation of the first case and will continue to assess, on an ongoing basis, the admissibility of selected cases.”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“My Office has also noted the developments in the work of the United Nations sanctions committee and the listing of individuals for the purpose of sanctions. This list is in no way connected to the process of identification of individuals for possible prosecution by the ICC. It is important to reinforce the fact that the Sll'V.5459 mandate and activities of the sanctions committee and the ICC are distinct. My Office will not present evidence or identify suspects to the media or other institutions. We are an independent body bound by the Rome Statute and by rules of due process, including specific evidentiary standards. The best contribution of the ICC to a meaningful and lasting solution in Darfur will be to fulfil its judicial mandate in accordance with those rules and standards.”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“Various allegations have been made that some of the groups involved in the commission of crimes in Darfur did so with specific genocidal intent. This issue remains the subject of investigation. I have not, and I will not, draw any conclusions as to the character of the crimes pending the completion of a full and impartial investigation. Identifying those persons with the greatest responsibility for the most serious crimes in Darfur is a key challenge for the investigation. The complexity of the conflict in Darfur exacerbates this challenge, given that it involves multiple parties and varies over time and across different states and localities. As stated in previous reports, the list of 51 names provided by the International Commission of Inquiry for Darfur is, of course, not binding on my Office, and I will keep this list confidential.”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“In addition to the moral duty, my Office is under a legal obligation to protect victims and witnesses. The absence of a functioning and sustainable system for their protection continues to prohibit an effective investigation inside Darfur. The investigative activities of the Office therefore continued in several countries outside Darfur, including Chad, until April 2006, when they were suspended as a result of clashes between Government and rebel forces. Operations are expected to resume soon. The Office has already gathered significant amounts of information and evidence on crimes committed in Darfur. The International Criminal Court has jurisdiction over crimes against humanity, war crimes and genocide.”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“The written report was supplemented by an oral exchange in a meeting between representatives of my Office and military officers in Khartoum last week. The requested interviews that were to follow up on the report had not yet taken place. However, the Government of the Sudan has recently agreed that they can start in August 2006. These interviews are extremely important in order to establish a comprehensive and complete account of events in Darfur since July 2002. In accordance with the Rome Statute, we are obliged to investigate not only incriminating but also exonerating circumstances. Because my Office is conducting its investigation from outside the Sudan, access to all parties in the conflict will be extremely important to allow us to fully test and corroborate the numerous accounts and allegations of crimes.”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“With respect to the request to conduct other interviews related to activities undertaken in Darfur, I reported in December that we had agreed with the Sudanese authorities that, in preparation of the interviews, the Ministry of Defence would cooperate in establishing and submitting in advance a comprehensive report on matters specified by my Office. At the start of May 2006, the Government of the Sudan submitted a written report responding to questions from my Office. This report provides information on the various phases of the conflict from the Government's perspective, on matters relating to the military and security structures operating in Darfur, the activities of other parties to the conflict and the legal system governing the conduct of military operations.”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“On the basis of our current assessment, it does not appear that the national authorities have investigated or prosecuted - or are investigating and prosecuting - cases that are or will be the focus of our attention, in such a way as to render those cases inadmissible before the ICC. We reinforce the point, made in previous reports, that this assessment is ongoing and that a final determination will be made when specific cases are selected for prosecution. That will require the continued cooperation of the Government of the Sudan in providing access to proceedings, officials and institutions, including in Darfur.”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“Some efforts have been made by the Government of the Sudan to rectify those deficiencies, but these efforts S/l'V.5459 have also reportedly been restricted by the lack of security on the ground. Many of the investigation mechanisms are reactive to complaints, but there is a reluctance or an inability on the part of witnesses and victims to come forward with complaints, and in some cases there are allegations of intimidation and harassment of complainants. That is particularly prevalent in the context of rape allegations. The lack of any system for the protection of witnesses is also a strong disincentive for complainants and presents a serious obstacle to the conduct of any effective national criminal proceedings.”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“In previous reports, the Office of the Prosecutor has highlighted the fact that the admissibility assessment is a case-specific assessment, not a judgement on the Sudan justice system as a whole. Once I identify cases for prosecution, I must determine whether or not the national authorities are conducting or have conducted national proceedings genuinely in relation to those cases. It is clear that the national authorities face significant challenges to the conduct of effective criminal proceedings in Darfur. The special courts appear to remain relatively inaccessible, with judges performing other duties in Khartoum, awaiting the start of trials in Darfur. Limited resources and specialized expertise, with reliance on existing infrastructure for investigations, are also hampering progress.”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“During this mission and throughout this reporting period, the Office has gathered significant amounts of information to determine whether the Government of the Sudan has dealt with, or is dealing with, the cases that my Office is likely to select for prosecution. The Government of the Sudan has also provided significant amounts of information relating to the conduct of traditional tribal reconciliation mechanisms in Darfur. These are not criminal proceedings as such for the purpose of assessing the admissibility of cases before the International Criminal Court, but they are an important part of the fabric of reconciliation for Darfur, as recognized in resolution 1593 (2005).”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“Pursuant to the first request, a delegation of the Prosecutor's Office, with the objective of assessing national proceedings, visited the Sudan in February 2006 for an extensive programme of meetings with judges, prosecutors and representatives of the police force and other Government departments. The Government of the Sudan cooperated with the Office in allowing access to the requested officials in meetings that were formally video recorded. In addition to the interviews of officials requested by the Office, the Government facilitated meetings with the Governor of South Darfur and with representatives of the Commission demarcating nomadic routes, offering further information on the situation in Darfur.”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“It is important to reiterate that the assistance of the African Union remains a component fundamental to progress in key aspects of the investigation. In December 2005, the Office of the Prosecutor reported to the Security Council on a series of cooperation requests that had been made to the Government of the Sudan. These included a request to visit the Sudan to assess national proceedings relating to Darfur and a request to conduct several interviews of officials identified by my Office. Those officials, owing to their positions, functions and experience, could provide insights into the events in Darfur, the activities of all parties to the conflict and the manner in which the Government of the Sudan sought to address the situation.”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“Representatives of my Office have also met with AMIS in Khartoum and have delivered a detailed request for information relevant to the investigation. I welcome the recent statement of the Peace and Security Council of 10 March 2006, supporting cooperation between the African Union and the Court in Darfur. I have also received confirmations in writing from both Ambassador Konare and Ambassador Kingibe of the commitment of the African Union to cooperate fully with the ICC and of the Union's determination to assist in the fight against impunity. In addition, I have been invited to brief the African Union Peace and Security Council in the near future on progress in the context of resolution 1593 (2005). Those are signals that cooperation will now be forthcoming.”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“The full cooperation of the Government of the Sudan and other parties to the conflict is, of course, vital. Furthermore, the cooperation of those organizations with a significant presence on the ground, such as the African Union and the United Nations, is and will continue to be essential. My previous reports to the Council have highlighted the slow progress of cooperation between the African Union Mission in the Sudan (AMIS) and my Office. Since December 2005, we have engaged on a number of occasions with AMIS and the African Union, seeking to expedite cooperation. I have also offered to brief the Peace and Security Council of the African Union on our activities and on the importance of reinforcing mutual efforts to ensure justice and accountability.”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“In the context of Darfur, particular attention will be given to investigating crimes currently affecting the lives and safety of the 2 million displaced civilians in the region, in an effort to improve conditions for humanitarian assistance and to protect Victims from further attack. The Office needs to gather sufficient information on these crimes to meet the evidential standards in the Statute. My Office is collecting all available information from outside Darfur and has managed to make progress in its work despite serious obstacles. I wish to emphasize, however, that we are now entering a new phase in which unconditional cooperation will be essential to expeditiously complete the investigation and identify those most responsible for crimes Sll'V.5459 committed in Darfur. Our speed will depend on the cooperation received.”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“Given the scale of the alleged crimes committed in Darfur and the complexities associated with the identification of those individuals bearing greatest responsibility for the crimes, my Office currently anticipates the investigation and prosecution of a sequence of cases, rather than a single case dealing with the situation in Darfur as a whole. The gravity of the crimes is central to the process of case selection. My Office looks at factors such as the scale and nature of the crimes, as well as the impact of ICC investigations and prosecutions in the prevention of further crimes.”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“My Office will, in due course, select those to be prosecuted on the basis of the evidence collected and will present its conclusions to the judges. The judges will make the final decision as to who will be tried by our Court. In accordance with our rules and policies, we will make such a presentation only when we have gathered comprehensive and solid evidence of individual responsibility for crimes committed in Darfur and thoroughly analysed the admissibility of our cases. That will guarantee both fair and expeditious trials.”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“Mr. Moreno-Ocampo: I welcome this opportunity to update the Council on the activities undertaken by my Office since my last report in December. In adopting resolution 1593 (2005), the Council affirmed that justice and accountability are critical to achieving lasting peace and security in Darfur. This position is reinforced in resolution 1674 (2006), which concludes that the prevention of armed conflict requires a comprehensive approach and that ending impunity, through appropriate national and international mechanisms, is essential to ensuring the non-recurrence of abuses. My Office is committed to contributing to this comprehensive approach by investigating and prosecuting crimes within the jurisdiction of the International Criminal Court (ICC).”
2006-06-14 · UN Security Council · Security Council, S/PV.5459 (2006) · source
“At the same time, however, the Office is focusing on its own work and conscious of the fact that accountability for the most serious crimes alleged to have been committed in Darfur is an essential component to effective peace and effective transition. Having made the first steps towards a cooperative relationship, during the next phase we will seek the further assistance and cooperation of the Government of the Sudan in relation to the process of fact-finding and evidence-gathering. We will keep the Council informed of developments and challenges that arise during the next phase.”
2005-12-13 · UN Security Council · Security Council, S/PV.5321 (2005) · source
“We have also had contacts with other parties to the conflict, including the main rebel groups. Establishing consistent liaison with the Sudan Liberation Movement/Army has been hampered by divisions within the group. However, we continue to open channels and to offer an opportunity for all parties involved in the conflict to provide information and evidence to the Court during the next phase of the investigation. The investigation of the situation in Darfur is taking place within a context of ongoing violence and multiple efforts to secure peace, as well as a complex process of political transition. The Office will continue to be sensitive to those dynamics and will seek to reinforce the work of the African Union, the United Nations, the Sudan and other States and organizations.”
2005-12-13 · UN Security Council · Security Council, S/PV.5321 (2005) · source
“In response to that request, Sudanese officials have agreed to organize a visit to the Sudan by the end of February 2006 by representatives of my Office to meet with the special courts and other relevant judicial bodies in order to assess national proceedings in relation to alleged crimes committed in Darfur. In addition, officials also agreed that, in preparation for the other interviews, the Ministry of Defence would cooperate in establishing and submitting, by March 2006, a comprehensive report on matters to be identified in advance by us. By the time of submission of my report to the Council, I was still waiting for written confirmation of those practical arrangements by the Government of the Sudan. The Government of the Sudan has now provided us with that written confirmation.”
2005-12-13 · UN Security Council · Security Council, S/PV.5321 (2005) · source
“In that regard, from 17 to 24 November 2005, representatives of my Office and the Registry of the ICC visited Khartoum to discuss matters related to the Lord's Resistance Army and the situation in Darfur. As part of the fact-finding process, during that visit a request for assistance was made to the Sudanese authorities to undertake several interviews that could provide an insight into the activities of all parties to the conflict in Darfur, as well as an assessment of national proceedings undertaken by the special courts and other relevant judicial bodies.”
2005-12-13 · UN Security Council · Security Council, S/PV.5321 (2005) · source
“The current reporting period has seen further steps in the implementation of the Comprehensive Peace Agreement, including the establishment, on 22 September 2005, of the new Government of National Unity. In the lead-up to that transition the Office of the Prosecutor did not make formal requests for assistance to the Sudan, but contacts with Sudanese authorities were maintained. As I have set out in this statement, following the initiation of the investigation, my Office has gathered information and evidence from outside Darfur. During this initial fact-finding phase, it is vital that the Office develop a full understanding of the situation in Darfur and the context in which the alleged crimes took place.”
2005-12-13 · UN Security Council · Security Council, S/PV.5321 (2005) · source
“The resolution also urges other States and organizations, in particular the African Union, to cooperate fully. Since our last report to the Council, the Court has continued to press for the signing of the International Criminal Court-African Union relationship agreement, the text of which was finalized in May 2005. In addition, I have contacted the African Mission in Sudan in Khartoum and written to the Chairperson of the African Union to seek meetings with the relevant officials to discuss the modalities for cooperation with regard to Darfur, as well as to request an opportunity to brief the Peace and Security Council. The next phase of the investigation will be a decisive one, the success of which will require the full cooperation of the African Union. It is hoped that rapid progress in that relationship will be achieved in that phase.”
2005-12-13 · UN Security Council · Security Council, S/PV.5321 (2005) · source
“Up until this point, the work of the special court does not suggest that cases likely to be prosecuted before the International Criminal Court will be inadmissible under the terms of article 53(2)(b) of the Statute. However, my Office will continue to follow closely all national proceedings. In addition to the issue of admissibility, I am also required by the Rome Statute to consider whether a prosecution is not in the interest of justice. In considering that factor, I will follow the various national and international efforts to achieve peace and security, as well as the views of witnesses and victims of the crimes. Resolution 1593 (2005) requires the Government of the Sudan and all other parties to the conflict in Darfur to cooperate fully with the Court and the Prosecutor.”
2005-12-13 · UN Security Council · Security Council, S/PV.5321 (2005) · source
“In addition, various other mechanisms and committees have been established to look at aspects of the crimes in Darfur, including centres for the elimination of violence against women and an attorney's office on crimes against humanity. The Government of the Sudan has also pointed to efforts to promote tribal reconciliation and to the proposed conference on Darfur scheduled to take place in December 2005 as efforts towards a comprehensive solution to the conflict. However, the continuing insecurity in Darfur does not allow for an effective system for the protection of victims and witnesses. That has forced my Office to carry out investigations outside Darfur. It also represents a serious impediment to the conduct of effective investigations in Darfur by national judicial bodies. No one can call a witness in Darfur.”
2005-12-13 · UN Security Council · Security Council, S/PV.5321 (2005) · source
“Accordingly, my Office continues to gather and assess information relating to the various mechanisms established by Sudanese authorities in relation to crimes allegedly committed in Darfur, including the special court for Darfur established by decrees issued on 7 and 11 June 2005. It has been reported that, in November 2005, a decree was issued establishing two new special courts, to sit in Geneina and Nyala. Additional prosecutors and judges have been appointed to staff those courts. It has also been reported that the jurisdiction of the special court has been expanded to consider allegations of Violations of international humanitarian law. The Government of the Sudan has renewed its commitment to allow access to the African Union and other international monitors.”
2005-12-13 · UN Security Council · Security Council, S/PV.5321 (2005) · source
“Well over 100 potential witnesses have been screened, and a number of formal statements have already been taken. We are currently screening hundreds of additional potential witnesses, either directly or with the assistance of States and organizations. To facilitate that process, my Office has established a semi-permanent presence in the region, which provides logistical, security and other support to the process of witness identification and interview. The International Criminal Court is complementary to national criminal jurisdictions. In accordance with article 53(2)(b) of the Rome Statute, the legal test is specific to the cases selected for prosecution, and not the state of the Sudanese justice system as a whole.”
2005-12-13 · UN Security Council · Security Council, S/PV.5321 (2005) · source
“I would like to emphasize that no decision has been taken at this stage as to whom to prosecute. Witness protection is an issue of paramount concern to the Court. As I have already indicated, the current security situation in Darfur remains volatile, with ongoing violence and attacks. The establishment of an effective system for the protection of witnesses and victims is a precondition to the conduct of investigative activities in Darfur. Given the prevailing climate of insecurity and the current absence of an effective system of protection, investigative activities have so far taken place outside Darfur. Despite those limitations, significant progress has been made in the investigations, thanks to the information and other forms of assistance provided by States and organizations. We have identified witnesses in 17 countries.”
2005-12-13 · UN Security Council · Security Council, S/PV.5321 (2005) · source