Compliance with International Law Crucial to Contain Spread of Violence, Impunity
There are reasonable grounds to believe that the Sudanese Armed Forces and the Rapid Support Forces are committing atrocity crimes in Darfur, the Prosecutor of the International Criminal Court told the Security Council today, as he urged compliance with international law to arrest the spread of both violence and impunity in Sudan.
"We are fast approaching a breaking point," stressed Karim Khan. Noting that 7.1 million people have been internally displaced in Sudan since April 2023, and that 1.5 million have fled to neighbouring States, he expressed hope for a dawning realization among the international community "that it cannot be business as usual". International law cannot continue to be applied in a piecemeal fashion, and "a different approach to the old problem in Darfur" is necessary given the risk of widening conflagration, he stressed.
But judicial orders and court judgments alone cannot solve the problem. Rather, the Council, the United Nations, the Court and Member States - the international community writ large - must arrive at innovative solutions to prevent the contagion of violence from spreading even further. He also pointed out that the international community's failure to execute warrants issued by the Court has invigorated both a climate of impunity and the outbreak of violence that commenced in April 2023 and continues today.
Stating that there are grounds to believe that Rome Statute crimes are being committed in Darfur by both the Sudanese Armed Forces and the Rapid Support Forces, he called on all parties involved in the conflict to transmit relevant information to the Court without delay. "The obligation to comply with international humanitarian law cannot be diluted to a ritual incantation," he underscored, adding: "The failure to grasp the nettle of impunity in Darfur has allowed the garden of Sudan to be filled with weeds."
In the ensuing discussion, Council members expressed concern over the humanitarian and security consequences of the ongoing conflict in Sudan. Some also drew a parallel between the current violence and that which occurred in Darfur in the early 2000s, underscoring that, without justice and the rule of law, lasting peace in the region will be impossible. While some were more circumspect in their assessment of the Court's activities in this regard, many welcomed efforts by the Prosecutor's Office to investigate and prosecute the crimes allegedly committed in Sudan.
"Atrocities are not the inevitable consequences of war, but the result of choices made by leaders - including ignoring their obligations under international law," said the representative of the United States. The Court is a "critical tool" in the ongoing fight against impunity, he stressed, adding that his country announced today that it can pay up to $5 million for information that leads to the arrest, transfer and conviction of Ahmad Muhammad Harun, former Minister of State for the Interior, for war crimes or crimes against humanity before the Court.
Guyana's representative, for her part, joined others in calling for an immediate cessation of hostilities while expressing concern over escalating violence in Darfur. Welcoming the Sudanese Government's appointment of a new focal point for cooperation with the Court and its recent issuance of visas for representatives of the Prosecutor's Office as "positive steps", she nevertheless said that the Government's lack of response to the Office's requests for assistance is worrying.
Taking a different view, the representative of Mozambique underlined the need for the Prosecutor's Office and the Court to observe the principle of complementarity and stated that the Court's cooperation with the Government must respect Sudan's sovereignty, territorial integrity and political independence. He also stressed that a political solution to end the conflict is essential to pave the way to address international crimes that fall under the Court's jurisdiction, adding that combating impunity is a precondition for lasting peace in Sudan.
However, the representative of the Russian Federation said that, for 20 years, the Court has been sabotaging Council mandates and shifting the blame to national authorities, the complex security situation or a lack of resources. "There is essentially nothing that this pseudo-Court can do in Sudan; however, it is quite capable of causing serious harm," she asserted. She also pointed out that the Council did not refer the current situation in Darfur to the Court for consideration, calling the body "an instrument of external interference".
Sudan's representative, meanwhile, said that - despite the Government's active cooperation with the Prosecutor's Office, the Prosecutor's measure of cooperation is subjective and does not consider operational realities on the ground. Stating that all found documents have been submitted to the Prosecutor, he went on to stress that the Sudanese Armed Forces are fighting a defensive war against multilateral aggression that has been sponsored by some countries. Sudan is entitled to self-defence, he insisted, rejecting allegations that its armed forces are committing atrocity crimes.
Mr. Khan, re-taking the floor at the end of the meeting to respond, recalled that the situation he witnessed during his visits to refugee camps in Darfur was worse than the one that compelled the Council to refer it to the Court in 2005. Expressing hope that the Sudanese Government can provide material information, he pointed out that "cooperation is not without evidential significance".
REPORTS OF THE SECRETARY-GENERAL ON THE SUDAN AND SOUTH SUDAN
Briefing
KARIM KHAN, Prosecutor of the International Criminal Court, noting that events over the last six months make for "sober reading", pointed out that one in three people in certain parts of Chad are refugees from Sudan. They are arriving at a rate faster than Chad or the United Nations can respond, with wounds that result in unacceptably high mortality rates. Further consequences of the events in Darfur include vegetation disappearing in affected areas, weapons proliferating throughout Chad and rice supplies diminishing. "We are fast approaching a breaking point," he stressed, urging that the conflict in Sudan demands the Council's attention "now more than ever". Recalling his recent meeting with victims, he underscored that persecution, murder and rape in these circumstances violate the Rome Statute. The principles enshrined therein - and applied in the Court - are "the shared heritage of humanity", and he pointed out that this "baseline of acceptable conduct" compelled the Council to refer the situation in Darfur to the Court through resolution 1593 (2005).
He went on to say that the scale of this conflict - and its appalling human repercussions - are clear, both from the Court's investigations and UN reports documenting and cataloguing information on the ground. Noting that 7.1 million people have been internally displaced in Sudan since April 2023, and that 1.5 million have fled to neighbouring countries, he expressed hope for a dawning realization among the international community "that it cannot be business as usual". International law cannot continue to be applied in a piecemeal fashion, and a "different approach to the old problem in Darfur" is necessary given the risk of widening conflagration, he stressed. From Libya to sub-Saharan Africa, from the Red Sea to the Atlantic, many areas are witnessing conflict triumph over the rule of law. Judicial orders and court judgments alone cannot solve the problem, he emphasized. Rather, the Council, the United Nations, the Court and Member States - the international community writ large - must arrive at innovative solutions to prevent the contagion of violence from spreading even further.
"What makes you believe that the result will be any different than it was 20 years ago?", he said, recalling a question he was recently asked. He also pointed out that the international community's failure to execute warrants issued by the Court has invigorated both a climate of impunity and the outbreak of violence that commenced in April 2023 and continues today. Without justice for past atrocities, both current and future generations are condemned to the same fate. Stating that there are grounds to believe that Rome Statute crimes are being committed in Darfur by both the Sudanese Armed Forces and the Rapid Support Forces, he called on Sudan to comply in good faith with resolution 1593 (2005). Despite the Government establishing a focal point for the Court and issuing single-entry visas, 35 requests for assistance remain unanswered. He therefore urged both Sudan and the Council to encourage accelerated implementation of the letter and spirit of resolution 1593 (2005), which also applies to the Rapid Support Forces.
"The obligation to comply with international humanitarian law cannot be diluted to a ritual incantation," he underscored. He therefore called on all parties involved in the conflict to transmit relevant information without delay, adding: "The failure to grasp the nettle of impunity in Darfur has allowed the garden of Sudan to be filled with weeds." The international community must find a way to make international law effective for those who need it most, he concluded.
Statements
The representative of Japan expressed concern about the reported catastrophic scale of the current conflict and dire humanitarian repercussions in Sudan, including ethnically motivated attacks, sexual and gender-based violence as well as massive displacement of people. All parties to the conflict should immediately stop the violence, uphold international humanitarian law and respect the process of justice and the rule of law. "Without justice, a lasting peace in the region will not be achieved," she said, welcoming investigations by the Prosecutor's Office into the current hostilities. The violence in Sudan in the early 2000s should never be forgotten. Accountability for past atrocities is central to preventing further international crimes and to establishing durable peace in Sudan, she stressed, underscoring her country's consistent financial and human resource contributions to the Court.
The representative of Switzerland urged all parties to cease hostilities immediately. The Prosecutor's decision to investigate the incidents during the current hostilities is a welcome development. The Sudanese authorities and the Rapid Support Forces must fulfil their obligations to cooperate with the Court under resolution 1593 (2005), including on access to necessary documentation, witnesses and places under their control where the situation allows. She welcomed the appointment of a new focal point by the Sudanese authorities, the granting of visas for a forthcoming mission, and the start of work by the independent international fact-finding mission for Sudan established by the Human Rights Council. For its part, Switzerland supports the Court's efforts to digitalize its work, notably through the launch of a digital platform, she said.
The representative of the United States recalled that in December, his country's Secretary of State Antony Blinken determined that members of the Rapid Support Forces and allied militias had committed crimes against humanity and ethnic cleansing and that members of the Sudanese Armed Forces and the Rapid Support Forces had committed war crimes. In this context, he appreciated that this situation is a priority for the Prosecutor's Office, welcoming the concrete steps the Office is taking to advance accountability. "Atrocities are not the inevitable consequences of war, but the result of choices made by leaders, including ignoring their obligations under international law," he said, describing the Court as a "critical tool" in the ongoing fight against impunity. In that vein, the United States announced today that it can pay up to $5 million for information that leads to the arrest, transfer and conviction of Ahmad Muhammad Harun, former Minister of State for the Interior for war crimes or crimes against humanity before the Court.
The representative of China underscored that the Court should continue to strictly abide by the principle of complementarity; maintain its independence, objectivity and impartiality; fully respect Sudan's judicial sovereignty and stay in close cooperation with that country. The restoration of normalcy in Sudan is a prerequisite for guaranteeing judicial justice, he observed, noting that, at present, the protracted conflict in the country is exacerbating civilian suffering and the humanitarian crisis. The Court should focus on the overall picture of peace and stability in Sudan and play a constructive role in the proper settlement of the Sudanese issue. The conflict in Sudan has made the situation in Darfur even more fragile, he said, adding that the issue of Darfur has a long history, with various convoluted antagonisms among tribes and communities. Expressing support for the maintenance of international peace and security through punishing the most serious international crimes, he urged the Court to remain cautious, avoid aggravating animosities and abstain from politicization and double standards.
The representative of Ecuador said that the situation in Sudan demonstrates that accountability is "an absolute prerequisite for achieving peace and stability". While noting the worsening security situation in Sudan, he recognized the efforts of the Prosecutor's Office to continue its investigation. The parties to the conflict must understand that violations of international humanitarian law have consequences, and that those who commit such crimes will be brought to justice. He therefore welcomed the Office's efforts to determine the whereabouts of those still at large, calling on the Sudanese Government to respond to requests for information regarding the location of certain individuals. Further, the Government's cooperation is essential to ensure that the Office's mandate is fulfilled. Welcoming the Government's appointment of a focal point for the Court - which will make it easier for the Office to visit the country in the coming months - he nevertheless called on Sudanese authorities to address the 35 pending requests for assistance.
The representative of Malta welcomed the Prosecutor's decision to deploy field missions to accelerate investigations into crimes committed in Darfur in the current hostilities and those committed in Geneina. Efforts to harness partnerships, particularly with civil society actors and victims' groups, are essential. Commending States that have cooperated with the Court, including Chad, she encouraged the Sudanese authorities to continue abiding by their obligations under resolution 1593 (2005). Investigations into sexual and gender-based violence in all situations, including in Darfur, must be prioritized, she said, welcoming the recent update of the Office of the Prosecutor's policy on those crimes.
The representative of Mozambique, noting that millions of people in Darfur are displaced, in need of humanitarian assistance and protection, and thousands of civilians have been killed, stressed that the perpetrators of all these crimes must be held to account. The ongoing dire political, security and humanitarian situation in the Sudan jeopardizes the efforts in delivering justice to the Sudanese people. A political solution to end the conflict is essential to pave the way to address international crimes that fall under the Court's jurisdiction, he said, underlining the need for the Office of the Prosecutor and the Court to observe the principle of complementarity. Its cooperation with the Government of the Sudan must be operated in a timely and effective manner, respecting that country's sovereignty, territorial integrity and political independence. Combating impunity is a precondition for lasting peace in the Sudan, he observed, declaring: "We cannot forget the millions of the Sudanese who seek justice, peace and reconciliation."
The representative of Sierra Leone, recalling his country's recent experience with transitional justice, expressed support for an independent, impartial and effective Court. For it to be effective, however, States' domestic capacity to investigate, prosecute and punish the perpetrators of atrocity crimes must be strengthened. The Court should step in only as a last resort, he said. Turning to the Court's efforts relating to Darfur, he welcomed efforts by the Prosecutor's Office to deliver on its mandate "at the speed of relevance" and to prioritize investigations into sexual and gender-based violence. He also welcomed the reported cooperation of third States and international partners that has allowed the Prosecutor's Office to secure relevant evidence and, in this context, urged similar cooperation from the Sudanese Government. Further, he called on the Sudanese Armed Forces and the Rapid Support Forces to agree to a durable ceasefire to pave the way for peace, stability and the restoration of democratic, constitutional order.
The representative of Guyana expressed grave concern about the escalating violence in Darfur, which has resulted in numerous deaths, mass displacement of persons and further deterioration of an already dire humanitarian situation. Women and girls continue to suffer from widespread sexual violence, including sexual slavery, gang rapes and kidnappings. Calling for an immediate cessation of hostilities, she welcomed the Prosecutor's decision to expedite investigations into the recent allegations of crimes in Darfur, with priority given to those committed against children and to crimes of sexual and gender-based violence. Citing the appointment of a new cooperation focal point and the recent issuance of visas for representatives of the Office as "positive steps", she, however, noted that the progress achieved thus far in securing evidentiary material is based on cooperation from third States and international partners. In this regard, she said that the lack of response by the Government of Sudan to requests by the Office for assistance and access to documentary evidence is worrying.
The representative of the Republic of Korea said that the world is regrettably witnessing "the recurrence of a tragedy that echoes the one that took place in Darfur 20 years ago." Noting an unacceptably high number of Rome Statute violations and widespread atrocities committed throughout the country, he deplored that Sudan civilians, particularly women and girls, are bearing the brunt of this conflict. This atrocity must end now, he said, expressing his country's commitment to holding the perpetrators accountable as a firm advocate of criminal justice, a steadfast supporter of the Court, and the chair of the Security Council Committee established pursuant to resolution 1591 (2005) concerning the Sudan. Noting the trial of Abd-Al-Rahman, which the Prosecutor sees will likely conclude in the first half of 2024, he stressed that the successful conclusion of this case will send a message to the world that the Council and the Court are ready to fight against impunity.
The representative of the United Kingdom welcomed the continued progress in the trial of Abd-Al Rahman - the first to come before the Court on the Darfur situation and an important milestone for victims and affected communities. However, the other suspects have not yet been surrendered to the Court, he said, calling upon the Sudanese authorities to provide the Prosecutor's Office with information on the whereabouts of Ahmed Harun, Abdel Raheem Hussein and Omar Al-Bashir. Turning to the current situation, he expressed concern about allegations that further atrocities have been committed in recent months, including arbitrary arrests and detentions, violence targeted at specific ethnic groups and conflict-related sexual violence. Reminding both the Sudanese Armed Forces and the Rapid Support Forces that the Prosecutor's mandate in Darfur is ongoing, he welcomed the deployment of its investigative teams to the region.
The representative of Slovenia voiced deep concern over the increasing violence in Sudan, particularly its effects on civilians in Darfur and across the nation. In light of the increasing pressure on Sudan's neighbours, especially Chad, "the urgent need to cease the hostilities cannot be overstated", he said. Calling on all involved in the conflict to silence their guns, he spotlighted reports of continued violations of international humanitarian law and human rights law - including systematic and widespread use of different forms of sexual and gender-based violence - in Darfur and other areas of Sudan. In this regard, he commended the Prosecutor's decision to prioritize the investigations of crimes of sexual and gender-based violence, noting his Office's evidence collection efforts, including by deployment of investigative teams on the ground. He also welcomed the progress made in the trial of Ali Abd-Al-Rahman.
The representative of Algeria, said transitional justice and accountability cannot be dissociated from the process of stabilizing Sudan, stressing the importance of creating an environment conducive for the revitalization of national justice institutions to support the country's ownership of this process. Making good use of the available legal frameworks, including the Juba Peace Agreement, is also crucial. He noted the potential of the African Union - which has always played a prominent role in efforts towards stabilizing Sudan since the first Darfur crisis - to secure a fair, transparent accountability process. Firmly rejecting foreign interferences in the conflict in Sudan, he expressed deep concern over the continued deterioration of the situation in Darfur and the clashes between the warring parties. "Recent reports on deadly clashes in West Kordofan State are of extreme concern considering their heavy toll on innocent lives and massive displacements," he said. He also highlighted the thinking that prompt action on the Palestinian case, submitted many years ago to the Court, would have saved the lives of 26,000 people and alleviated the suffering of Gaza's besieged population.
The representative of the Russian Federation said that, for 20 years, the International Criminal Court has been sabotaging the mandates of the Security Council, shifting the blame either to national authorities, the complex security situation, or the lack of resources. "There is essentially nothing that this pseudo-Court can do in Sudan, however, is it quite capable of causing serious harm," she asserted, recalling that Libya's Statehood was destroyed by the North Atlantic Treaty Organization (NATO) under the cover of "fakes" fabricated by the Court and used as justification. "The pseudo-justice of the ICC has an 'on' and 'off' button and the remote control is in the hands of its Western sponsors," she added. In this regard, she emphasized that the Security Council did not refer the current situation in Darfur to the Court for consideration, citing it as "an instrument of external interference into the situation".
The representative of France, Council President for January, spoke in her national capacity to condemn the human-rights violations perpetrated by the Sudanese Armed Forces and the Rapid Support Forces since 15 April 2023. She also welcomed efforts by the Prosecutor's Office to investigate these events and called on all foreign actors to refrain from fuelling the conflict. Underscoring that building lasting peace in the region will not be possible without justice, she called on all parties to cooperate with the Court. The granting of visas to the Office's investigation team is an initial encouraging step, and increased cooperation between the Office, third States and international organizations has led to progress in various investigations. She added that the Court can count on her country's support, pointing out that the body is the only permanent international criminal jurisdiction.
The representative of Sudan, expressing concern about remarks made by the Prosecutor, stressed that the position of his country's current regime is different from that of 2003. It actively cooperates with the Prosecutor's Office, as he has informed since 2020. The Prosecutor's measure of cooperation is subjective and does not consider the strategic engagement and the operational realities on the ground. The former Prosecutor said that she had 2,000 pieces of evidence. Yet the Prosecutor's Office is demanding more documents. Those who plan for genocide do not leave documents in the treasuries and in the safe boxes of the Government to be found by anyone who wants to hold them accountable. All the documents found have been submitted to the Prosecutor.
Detailing the attacks by the Rapid Support Forces and its allied militias, including the 15 December armed attacks on the country's second-biggest commercial centre, he said they are recruiting children and using foreign mercenaries brought from neighbouring countries and from the Sahel. "This kind of coalition would jeopardize regimes in Mali, Mauritania, Niger, Burkina Faso and Chad," he warned. It is important to clarify that the Sudanese Armed Forces continue to fight a defensive war, fending off multilateral aggression that has been sponsored by some countries, including the United Arab Emirates, which is supplying the Rapid Support Forces with weapons. Based on Article 51 of the Charter of the United Nations, Sudan is entitled to self-defence, he insisted, rejecting allegations that its armed forces are committing atrocity crimes.
Responding to comments, Mr. KHAN recalled his visits to refugee camps in Darfur and said the situation therein is "the worst ever", worse that the one that compelled the Council to refer it to the Court in 2005. Underscoring the need to ensure that this referral does not become a never-ending story, he echoed the concerns of the delegate for Algeria and noted that it should not have taken 20 years to get meaningful justice. His Office has not rejected any invitations to Sudan, he said, expressing hope that the Government of Sudan can provide information material as "cooperation is not without evidential significance". The attempts to repress and investigate violations are "extremely relevant from an investigative point of view". "The real wealth of Sudan is not in the oil or in the gold that is dug from the ground, but it is the children from the soil," he said, adding that the world is witnessing children orphaned on a significant scale and mothers burying their infants. In this regard, he stressed the need to implement a new dynamic approach and ensure that the voices of the victims are heard.
