الجنائية تطالب مجلس الامن مزيدا من التعاون في القبض علي البشير وعبدا

Statement to the United Nations Security Council on the situation in Darfur, the Sudan, pursuant to UNSCR 1593 (2005)




Mr President,

I am briefing you as the second Prosecutor of the International Criminal Court to address the situation of Darfur, in the Sudan, which this Council referred to my Office through Resolution 1593 in 2005. This is my Office’s sixteenth briefing to the Security Council on the subject of Darfur.

2. The situation in Darfur continues to be of serious concern to me and to my Office. In my report, I have indicated specific incidents of concern and which seem to represent an ongoing pattern of crimes committed pursuant to the Government-avowed goal of stopping the rebellion in Darfur. I must reiterate that these alleged ongoing crimes, similar to those already considered by the Judges of the International Criminal Court on five separate applications, may constitute war crimes, crimes against humanity, and genocide. My Office will consider whether further investigations and additional applications for arrest warrants are necessary to address ongoing crimes, including those undertaken with the aim of thwarting delivery of humanitarian aid, attacks on UNAMID peacekeepers as well as bombardments and other direct attacks on civilian populations. The words of the Government of Sudan representatives, promising further peace initiatives, are undermined by actions on the ground that show an ongoing commitment to crimes against civilians as a solution to the Government’s problems in Darfur.

3. This Council should be even more concerned about the situation in Darfur, given that crimes continue to be committed, including by those already indicted by the Court. This Council referred the situation in Darfur because of its firm belief that the justice process is an essential component of any strategy aimed at truly stopping ongoing crimes and achieving peace in Darfur. We have always believed the referral to be a joint endeavour by this Council and the Court to contribute to lasting peace in Darfur through investigation and prosecution of those who bear the greatest responsibility for the most serious crimes. Indeed, in this and other contexts, this Council has reaffirmed the vital importance of promoting justice and the rule of law, including respect for human rights, as an indispensable element for lasting peace. My Office and the Court as a whole have done their part in executing the mandate given by this Council in accordance with the Rome Statute. The question that remains to be answered is how many more civilians must be killed, injured and displaced for this Council to be spurred into doing its part?

4. There are no words to properly express the frustration of Darfur’s victims, which we share, about lack of any meaningful progress towards arresting those indicted by the Court. The failure of the Government of the Sudan to implement the five arrest warrants seems symbolic of its ongoing commitment to a military solution in Darfur, which has translated into a strategy aimed at attacking civilian populations over the last ten years, with tragic results. Victims of Darfur crimes can hardly wait for the day that fragmentation and indecision will be replaced by decisive, concrete and tangible actions they expect from this Council.

5. Investigating the Darfur situation was an enormous challenge for the Office and a huge sacrifice for the witnesses and victims whose lives remain at risk as a result of their interaction with the Court. The question they ask is: were their sacrifices in vain?

Mr President,

6. In its Resolution 2063, this Council expressed concerns about ongoing impunity and the lack of any progress on national proceedings to date, after nearly eight years of reported efforts on the part of the Government of Sudan authorities. It should be clear to this Council that the Government of Sudan is neither prepared to hand over the suspects nor to prosecute them for their crimes.

7. Despite the challenges we faced, including non-cooperation by the Government of Sudan, the Office conducted independent and impartial investigations and submitted its evidence to the Judges. Contrary to the often-repeated allegations of bias and politicization of the Office’s investigative activities, the Judges of the Pre-Trial Chamber independently evaluated the evidence to determine whether there were reasonable grounds to believe that particular individuals bore individual criminal responsibility for these crimes. Having considered all the evidence, the Judges concluded that Government of Sudan forces committed war crimes, crimes against humanity and genocide in Darfur, following a strategy adopted at the highest echelons of the State apparatus. The findings on genocide, moreover, were entered following a ruling by the five member bench of the Appeals Chamber. The Pre-Trial Chamber identified the individuals that must face justice and issued arrest warrants for a Militia/Janjaweed leader, Ali Kushayb, who reported to the then Minister of State for the Interior, Ahmed Harun, who in turn reported to the then Minister of the Interior Abdel Raheem Muhammad Hussein, who reported to President Al Bashir. Their responsibility is not a mere consequence of their official roles. In all of these cases there are witnesses that describe in detail their active participation in the strategy to commit crimes as well as in the execution of that strategy.

Mr President,

8. The Judges of the ICC have formally communicated six times to the Council without any response. This includes a 25 May 2010 decision of the Pre-Trial Chamber, informing this Council about the lack of cooperation by the Republic of Sudan, in particular in the Harun and Kushayb case; two 27 August 2010 decisions of the Pre-Trial Chamber informing this Council and the Rome Statute Assembly of States Parties about President Al Bashir’s visit to Chad and of his presence in the territory of the Republic of Kenya; the 12 May 2011 decision of the Pre-Trial Chamber informing this Council and the Rome Statute Assembly of States Parties about his visit to Djibouti; the 12 December 2011 decision of the Pre-Trial Chamber pursuant to Article 87(7) of the Rome Statute on the failure of the Republic of Malawi to comply with the cooperation requests issued by the Court with respect to the arrest and surrender of President Al Bashir; and the 13 December 2011 decision of the Pre-Trial Chamber pursuant to Article 87(7) of the Rome Statute on the failure by the Republic of Chad to comply with the cooperation requests issued by the Court with respect to the arrest and surrender of President Al Bashir.

Mr President,

9. My Office and I personally remain committed to working with regional organizations endeavouring to contribute to a comprehensive solution, including the League of Arab States and the African Union. The recommendations of the African Union High-Level Panel on Darfur will be one among other points for discussion that I intend to raise in my interactions with former President Mbeki and the African Union Commission Chairperson, Madame Nkosazana Dlamini-Zuma. The recommendations of the African Union High-Level Panel on justice, if implemented, would go a long way toward addressing the challenge of the deliberate imposition and tolerance of impunity not only in Darfur, but in the Sudan as a whole. My Office undertakes this interaction with the African Union on its justice recommendations pursuant to its policy of positive complementarity.

Mr President,

10. Investigating the Darfur situation remains an enormous challenge for the Office. Despite these challenges, we managed to conduct full investigations that have led to five arrest warrants (two against the same individual) and three summonses to appear. Good progress has been made towards the start of the trial for two of the three individuals accused of war crimes in the rebel attack on the African Union peacekeeping base at Haskanita, North Darfur. I expect that trial to begin in 2013, although the defence has asked for its postponement until 2014. The investigation and preparation for this trial have involved unique challenges, including the translation of all materials for the defence into Zaghawa, a tribal language with no written form. This work demonstrates the commitment of the Office and the Court to a fair trial.

11. I look forward to the opportunity to present to the Judges the substantial and voluminous evidence gathered in the other four cases, following the arrest and surrender of the four individuals sought by the Court. This is an essential step towards delivering justice for Darfur’s victims. I believe it will also shed light on the obstacles facing other international processes, such as those endeavouring to bring relief to the victims through delivery of humanitarian aid or the conduct of a peace process that aims to be principled and substantive. The justice process is an essential component of any strategy aimed at truly stopping ongoing crimes, by publicly exposing to the highest independent judicial standards the reasons why and how these crimes have been committed; who has been responsible for them; and how they must be stopped.

Mr President,

12. I have been encouraged of late by my participation in discussions with Rome Statute States Parties and others aimed at galvanizing action to ensure greater cooperation in the Darfur and other Council referred situations, including through implementation of outstanding arrest warrants. I am committed to working with both States Parties and Non-States Parties, inside and outside of the Security Council, to push these processes forward.


Thank you.

Security Council
SC/10855
Department of Public Information • News and Media Division • New York
Security Council
6887th Meeting (AM)

VICTIMS OF DARFUR CRIMES CANNOT WAIT UNTIL ‘FRAGMENTATION AND INDECISION’ REPLACED

BY DECISIVE SECURITY COUNCIL ACTION, CRIMINAL COURT’S CHIEF TELLS MEMBERS

State, Non-State Parties to Rome Statute Debate Way Forward;
Sudan Says International Court Exploited by Political Interests

Ongoing reported violence in Darfur could constitute new charges of war crimes, genocide and crimes against humanity, the Prosecutor of the International Criminal Court told Security Council members today, urging swift action to save lives and repair a war-weary region by bringing the perpetrators to justice.

“The question that remains to be answered is how many more civilians must be killed, injured and displaced for this Council to be spurred into doing its part,” Fatou Bensouda asked. “Victims of Darfur crimes can hardly wait for the day that fragmentation and indecision will be replaced by decisive, concrete and tangible actions they expect from this Council.”

Introducing the Prosecutor’s report on the situation in Darfur, she expressed serious concerns, saying that her office would consider whether further investigations and additional arrest warrants were needed to address recent violations, including reports of thwarting humanitarian aid deliveries, attacks on African Union-United Nations Hybrid Operation in Darfur (UNAMID) peacekeepers and bombardments and attacks on civilian populations.

“The words of the Government of Sudan representatives, promising further peace initiatives, are undermined by actions on the ground that show an ongoing commitment to crimes against civilians as a solution to the Government’s problems in Darfur,” she said, noting the Government’s failure to implement the Court’s five arrest warrants, which seemed to favour a military solution in Darfur, which, over the last decade, had had tragic results and attacks on civilian populations.

Sudan’s representative refuted the latest report and stressed that his country did not recognize the Rome Statute, which had created the International Criminal Court in 2002. The Court’s report, he said, contained unsubstantiated allegations, and contradicted UNAMID reports. The report’s allegations of gender violence, for instance, did not provide sources, and it mistook tribal clashes for fighting between militias. Also, reported attacks on peacekeepers had in fact been committed by bandits now being pursued by Sudanese authorities.

He said the Court had become a tool for “blackmail” and for violating the sovereignty of small States and was being exploited by certain political interests, shown last month when a Security Council member asked the Palestinian Authority not to use the Court to pursue justice, in exchange for its positive vote to upgrade Palestine’s status. Given those elements, what kind of justice could be expected from the Court?, he asked.

When the floor opened for comments by Council members, all speakers condemned the violence in Darfur and supported a peaceful solution, with some making suggestions on how to do that. Pakistan’s representative said peace could only be realized through a comprehensive, multi-track strategy that aimed to add momentum to the political process, promote dialogue, justice and reconciliation, establish a conducive security situation and address the human rights and humanitarian aspects of the conflict.

Several speakers raised concerns about stopping the ongoing violence and the role to be played by the International Criminal Court. India’s representative, a non-State party to the Rome Statute, disagreed with the Court’s suggestion that aimed to create an obligation for compliance by non-State parties. Instead, he suggested targeted sanctions on groups that refused to join the political process.

The United States’ representative, also a non-State party to the Statute, said he was dismayed that the Government of Sudan was not cooperating with the Court despite its obligation under Council resolution 1593 (2005) to do so.

Welcoming the willingness of States to consider creative approaches and new tools to assist the Court, he also supported further discussions on resolutions concerning Council referrals to the Court. Continued impunity for crimes committed in Darfur fomented instability and sent a dangerous message that there were no consequences to attacking civilians. He welcomed the willingness of States to consider creative approaches and new tools to assist the Court.

Also speaking were the representatives of the United Kingdom, Togo, South Africa, France, Portugal, Colombia, China, Germany, Azerbaijan, Russian Federation, Guatemala and Morocco.

The meeting began at 10:17 a.m. and ended at 12:12 p.m.

Briefing

FATOU BENSOUDA, Prosecutor of the International Criminal Court, said that ongoing violence in Darfur could constitute war crimes, genocide and crimes against humanity. Her office was seriously concerned and would consider whether further investigations and additional arrest warrants were needed to address the violations, including reports of thwarting humanitarian aid deliveries, attacks on African Union-United Nations Hybrid Operation in Darfur (UNAMID) peacekeepers and bombardments and attacks on civilians.

“The words of the Government of Sudan representatives, promising further peace initiatives, are undermined by actions on the ground that show an ongoing commitment to crimes against civilians as a solution to the Government’s problems in Darfur,” she said, introducing the latest report on the situation in Darfur.

Emphasizing that the Council should be even more concerned, given that crimes continued to be committed, including by those already indicted by the Court, she reminded members that in referring the situation in Darfur, the Council had reaffirmed the vital importance of promoting justice and the rule of law.

“The question that remains to be answered is how many more civilians must be killed, injured and displaced for this Council to be spurred into doing its part,” she said. “There are no words to properly express the frustration of Darfur’s victims, which we share, about the lack of any meaningful progress towards arresting those indicted by the Courts.”

She pointed out that the failure of the Government of Sudan to implement the Court’s five arrest warrants seemed to be symbolic of its ongoing commitment to a military solution in Darfur over the last decade, with tragic results and attacks on civilian populations.

“Victims of Darfur crimes can hardly wait for the day that fragmentation and indecision will be replaced by decisive, concrete and tangible actions they expect from this Council,” she said, outlining the Court’s efforts and asking if the victims’ great sacrifices were in vain.

By adopting resolution 2063 (2012), this Council had expressed concern about ongoing impunity and the lack of progress on national proceedings, she said. It should be clear to the Council that the Government of Sudan was neither prepared to hand over the suspects nor to prosecute them for their crimes.

Despite challenges, including non-cooperation by the Government of Sudan, her office had investigated and submitted evidence to the judges, who concluded that the Sudanese Government had committed war crimes, crimes against humanity and genocide in Darfur. The judges had communicated six times with the Security Council without any response, including today’s communication containing a Pre-Trial Chamber decision on the failure of Chad to comply with cooperation requests regarding the arrest and surrender of President Omar al-Bashir.

Her office was working with the African Union and other regional organizations and had conducted investigations, with good progress made towards the start of the trail for two of the three individuals accused of war crimes, which was expected to begin next year. She hoped to present to the judges substantial evidence for the other four cases, following the arrest and surrender of the four individuals sought by the Court.

“This is an essential step towards delivering justice for Darfur’s victims,” she said. “It will also shed light on the obstacles facing other international processes, such as those endeavouring to bring relief to the victims through delivery of humanitarian aid or the conduct of a peace process that aims to be principled and substantive. The justice process is an essential component of any strategy aimed at truly stopping ongoing crimes, by publicly exposing to the highest independent judicial standards the reasons why and how these crimes have been committed, who had been responsible for them, and how they must be stopped.”

Statements

DAFFA-ALLA ELHAG ALI OSMAN ( Sudan) said his participation in the meeting was intended to correct misinformation and in no way signal recognition of the legitimacy of the International Criminal Court in his country, because Sudan was not party to the Rome Statute, similar to the situation of eight members of the Security Council. He had expected the new Prosecutor to change the Court’s approach and not use unsubstantiated information not confirmed by the facts on the ground. The fact was that after the signing of the Doha agreement, the situation had stabilized in Darfur. There were more than 10 individuals from tribes of Darfur who were currently Ministers in the Government in Khartoum. Five States were headed by persons from the various tribes in Darfur. Therefore, he questioned the depiction in the report of a deteriorating situation.

One of the most glaring contradictions in the report, he said, referred to attacks on displaced persons camps that differed from information contained in the report of UNAMID of 16 July, which had been put together from people on the ground and reaffirmed the stable security situation. Other reports reaffirmed that stability, with tribal clashes being the exception. The return of 200,000 refugees had been confirmed; that would not have occurred if atrocities were being committed there.

The International Criminal Court relied on anonymous sources, whereas the reports of the United Nations missions in Sudan were credible, he maintained, pointing to instances in the Court’s report that mistook tribal clashes for fighting between militias. His Government was trying to prevent such clashes through development and the rerouting of nomads. Allegations of gender violence in the Court’s report also did not provide sources, contradicting the most basic principles of justice. Attacks on UNAMID had been carried out by bandits that were being sought for prosecution by his Government.

On the relationship between the Court and the Security Council, he objected to the fact that the Court was a judicial mechanism that relied on the Rome Statute, while the Council was a political entity that relied on the United Nations Charter. The connection between those two entities should have been avoided, as judicial entities must be independent from political ones. The referral by the Council, therefore, was politicized. In addition, the conflict in Darfur was an internal matter that did not threaten global peace and security.

Sudan was not concerned with the Court’s findings since it objected, like many on the Council, to its impingement on national sovereignty. His country had created branch judicial institutions in Darfur to adjudicate any crimes that had been committed during the conflict. In addition, the Doha Document included measures for justice and reconciliation, with the participation of civil society. His Government continued to work to extend the inclusiveness of the Doha agreement, and he called on the Council to urge those movements that had not yet joined to work together towards peace and development.

He maintained that the International Criminal Court had become a tool exploited by certain political interests, shown again as a member of the Security Council last month had asked the Palestinian Authority not to use the Court to pursue justice, in exchange for its positive vote to upgrade Palestine’s status. The Court was being used for blackmail and for violating the sovereignty of smaller States, so what kind of justice could be expected from it?, he asked.

KHALIDA RACHID KHAN ( Pakistan) said Darfur was among the most complicated and intractable issues on the Council’s agenda. His Government supported a peaceful resolution of that situation through an inclusive political process in full respect of the country’s unity, sovereignty and territorial integrity. Peace in Darfur could only be realized through a comprehensive, multi-track strategy that aimed to add momentum to the political process; promote dialogue, justice and reconciliation; establish a conducive security situation; and address the human rights and humanitarian aspects of the conflict.

Reiterating the support of the United Nations towards peace in Darfur, he said the role of the African Union, League of Arab States and the Organization of Islamic Cooperation (OIC) also should be taken into account. He voiced concern at all human rights and humanitarian law violations in the Darfur region, underlining that Sudan had the primary duty to investigate abuses and bring perpetrators to justice. Attacks against civilians and humanitarian workers by Darfurian armed rebels should be strongly condemned. Sanctions should be imposed on all those obstructing the Darfur peace process, and the Council should consolidate efforts towards early achievement of durable peace in Sudan.

PHILIP PARHAM ( United Kingdom) regretted that the last six months had not seen much progress in the implementation of the Doha Document, with the Government not delivering required funds to the regional institutions and little evidence that the local courts were filing requisite cases. He urged all movements to join the peace process and looked for greater involvement of civil society in that regard. Meanwhile, international humanitarian and human rights law continued to be violated, with civilians dying from ground and air attacks. None of the perpetrators of attacks on UNAMID had been brought to justice, and it was unacceptable that UNAMID and humanitarian agencies did not have full access to those in need.

Given those troubling issues, he said, the International Criminal Court’s involvement was crucial. Claims that the Council could not legitimately refer cases to it were specious; the Government was bound to comply with Council solutions. He called on all States, whether parties to the Rome Statute or not, to assist the Court achieve justice for the victims of this and other conflicts.

KODJO MENAN (Togo), noting that his country was not a party to the Rome Statute, said that there had been no real progress in implementing the Doha Document or Council resolutions referring the issue to the Court. He welcomed the holding of the status conferences on related cases, hoping that it would help the parties come to an agreement for the purpose of justice. Unfortunately, there had been no progress nationally in prosecution. In affecting the necessary arrests, he called for analysis of the root causes of non-cooperation, followed up by actions by the Sudanese authorities. He seconded calls for an end to human rights violations and encouraged close monitoring of attacks on populations, gender violence, violence against community leaders, conscription of children and other crimes. He expressed deep concern over abductions and deaths of peacekeepers and humanitarian workers, noting that his country had lost police officers in Darfur, and he welcomed investigations to hold accountable those responsible. The political will of authorities in Sudan to hold all perpetrators accountable was key, along with the will of all parties to achieve genuine reconciliation.

DIRE TLADI ( South Africa) said that his country was a party to the Rome Statute and, therefore, believed that the most serious crimes must not go unpunished. Those who had committed such crimes in Darfur must be held accountable whether through national mechanisms or the International Criminal Court, according to the principle of complementarity. It was also critical that the conflict end and that the Council sustain its attention to it, while also supporting implementation of the Doha Document and the activities of the African Union High-level Panel. Those committing atrocities must be held accountable, and the Council must use all available tools to achieve the end of the conflict. He was deeply concerned at the aftermath of Council referrals to the Court. In order to make those referrals meaningful, the Council must insist on full cooperation with the Court by all Council members, whether they were State parties to the Rome Statute or not, and referrals must not been seen as an end in themselves.

MARTIN BRIENS ( France) said that the Court’s work on Darfur had certainly had a positive impact in preventing some violence. However, those who had been accused of the worst crimes remained at liberty and were still in key positions in Sudan and able to command more violations. In addition, no legal proceedings had been conducted nationally and Sudan had not taken the slightest measure to try the four accused; they were enjoying total immunity. All those facts flouted Council resolutions on Sudan. The implementation of the peace process, in addition, was riddled with failings in reconstruction, return of populations and funding of institutions. The replication of the crimes committed in Darfur in South Kordofan and Blue Nile States was partly a result of impunity. He called for cooperation from all States in the arrest of those accused of serious crimes by the Court as a result of Council resolution 1593 (2005), compliance with which was mandatory.

JOÃO MARIA CABRAL ( Portugal) said many of the Council’s concerns expressed in July persisted today: attacks on civilians and peacekeepers; obstacles to humanitarian organizations; and a lack of cooperation by the Sudanese Government with the Court. Arrest warrants issued by the Court still lacked execution. Most troubling were the aerial bombardments against civilians, as well as ground attacks by both the Government and rebel forces in populated areas and internally displaced persons camps, which could constitute war crimes or crimes against humanity.

He also reiterated concern about sexual violence in Darfur, and further, the reported persecution and intimidation of victims and those trying to defend them. He was gravely troubled by the attacks against civil society and human rights defenders, as well as on humanitarian workers and United Nations personnel. He reiterated concern at obstacles raised by the Sudanese authorities on UNAMID’s ability to fully implement its mandate by deliberately delaying visas. He urged the Prosecutor to monitor such events. As for the Court, he said cooperation by all Member States was essential for it to fulfil its role, voicing concern at Sudan’s lack of cooperation on the outstanding arrest warrants.

VINAY KUMAR ( India) said an inclusive political process would go a long way towards resolving the conflict. The overall humanitarian situation had improved since the signing of the Doha Document. What was needed now was the international community’s support, and he called for targeted sanctions on groups that refused to join the political process. It was important that the International Criminal Court’s proceedings were consistent with its obligations. India was not a signatory to the Rome Statute for reasons known. It strongly condemned violence, but it was the State’s responsibility to protect its civilians and bring perpetrators to justice. India could not support the Court’s suggestions that aimed to create a cooperation obligation for States not party to the Statute.

FERNANDO ALZATE (Colombia) said he regretted that the criminal proceedings initiated by the Prosecutor’s Office had not been implemented and that, according to the Prosecutor’s report, there were no credible proceedings going on in Sudan, which indicated no change since her previous report. The bulk of the report did not cover the cases, but focused on alleged crimes that might lead to the opening of new criminal cases involving extremely worrying reports of air strikes, ground attacks on civilians and the recruitment of minors and other violations. The Council and Court must address those crimes, but both bodies must not lose sight of the common goal of implementing arrest warrants. He was sad to see that this year, after the Court’s tenth anniversary, international criminal justice had not been delivered in Darfur. The Council had decided that all parties in Darfur should cooperate with the Court, and that should include with arrest warrants.

SUN XIAOBO ( China) said the complex problems in Darfur required a range of approaches to address the myriad of issues, from political and economic to security and justice. The pursuit of justice could only be secured when durable stability was achieved through political means. The top priority was for all parties to implement the Doha Document, and all actions by the international community and the Council should serve the achievement of that goal. In considering the situation in Darfur, he hoped the Council would value and heed the views of regional organizations, including the African Union and the League of Arab States.

PETER WITTIG ( Germany) said the alarming situation was exacerbated by the Sudanese Government’s failure to implement the Court’s arrest warrants, with indicted individuals now sitting in prominent political positions or at large. Sudan showed no willingness to comply, defying the Council’s authority. Determination must not diminish, he said, calling on all Rome Statute parties to fulfil their obligations. He supported recent proposals for the Council’s more active involvement in non-compliance cases, adding that non-cooperation must be met by increased vigilance by the Council. Condemning attacks on civilians, aid workers and peacekeepers, he deplored recent reports of aerial bombardments and of sexual violence, calling for a thorough investigation on the attacks in Hashaba and other incidents, because those responsible should be brought to justice.

JEFFREY DELAURENTIS ( United States) said mounting violence was a grave concern, including targeted civilian attacks and denying UNAMID access to affected areas. Since UNAMID’s initial deployment in 2007, 43 peacekeepers had been killed, in attacks that could be prosecuted as war crimes. The Council should condemn any and all attacks on mission personnel. Reversing the cycle of violence required accountability for the perpetrators, he said, expressing dismay that the Sudanese Government was not cooperating with the Court, despite its obligation to do so fully. Continued impunity for crimes committed in Darfur fomented instability and sent a dangerous message that there were no consequences to attacking civilians. Welcoming the willingness of States to consider creative approaches and new tools to assist the Court, he also embraced further discussions on resolutions concerning Council referrals.

AGSHIN MEHDIYEV (Azerbaijan), noting that his country was not a party to the Rome Statute, stressed the importance for the Court’s Prosecutor to act strictly within the parameters of resolution 1593 (2005). He also stressed the importance of advancing implementation of the Doha Document to end the fighting in Darfur, which required the cooperation of all armed groups, many of which, he said, were continuing to violate human rights and must be brought to justice.

SERGEY KAREV ( Russian Federation) said that the Court was required to objectively assess the actions of all parties in a conflict. In Darfur, not only Sudanese officials, but leaders of militias must be held accountable. In that context, he said he was pleased with the work of the Court there. Thoughts, however, must be given to the Court’s next steps to prevent impunity. State cooperation was critical as was adherence to other international norms, such as immunity of high officials. He looked forward to progress in Darfur leading to post-conflict recovery.

GERT ROSENTHAL ( Guatemala) affirmed the obligation of States to assist the Court in its efforts. He welcomed actions taken by the Court to combat impunity, but remained concerned over ongoing attacks against civilians in Darfur, which must be investigated and ended. Restrictions on humanitarian workers were also unacceptable. It was obvious that there were still “vast failings” by Sudan in cooperation with the Court and in investigating cases in which the judicial body had competence. Cooperation would ensure accountability. As a party to the Rome Statute, his country could not ignore the suffering of the Darfur population, as well as evidence of genocide and other crimes against humanity. The charges brought by the Prosecutor were in accord with international judicial standards, including judicial independence. The Council and the Court must uphold their full respective, complementary mandates in order to ensure accountability and the non-politicization of justice.

MOHAMMED LOULICHKI ( Morocco) said his country had always called for a political settlement to alleviate suffering in Darfur and welcomed the implementation of the Doha Document. There were many outstanding challenges, however, including the rejection of the process by some rebel groups, which allowed conflict to continue. He hoped additional armed groups would join the peace process and he looked forward to a comprehensive dialogue for that purpose, as well as to the upcoming donor conference. On the indictment against President Omar al-Bashir, he deferred to the position of the League of Arab States and maintained that the restoration of stability in Darfur could not be set apart from restoration of peaceful relations between all countries in the region.