Concrete action essential to fulfill Darfur promise: ICC Prosecutor

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Delivering the ICC’s 34th study connected Darfur to the Council, helium emphasized the captious request for practice and factual action, some by the authorities successful Khartoum and the planetary community. 

Mr. Khan travelled to the Sudanese superior past August, conscionable 2 months aft taking up his appointment, wherever helium met with Darfur survivors, civilian nine and the government. 

We indispensable bash better 

“I stock the frustrations, the impatience, and the hopes of those survivors that that singular infinitesimal - the archetypal referral by the Council to the International Criminal Court - volition reap dividends,” helium said. 

“But it is important, arsenic I said successful my interactions with Sudanese authorities members, that this referral cannot beryllium a never-ending story,” he added.  “We request collectively to bash amended - my Office, of course, but besides this Council - to marque definite the committedness and the intent of the referral is wedded with factual action.” 

The Darfur struggle began successful 2003 betwixt Sudanese Government forces, backed by allied militia known arsenic Janjaweed, and Darfur rebel movements. Hundreds of thousands were killed, portion scores much were displaced. 

In 2005, the Council referred the lawsuit to the ICC, which is investigating allegations of genocide, warfare crimes and crimes against humanity. 

Outstanding apprehension warrants 

Mr. Khan reported connected progress, notably the commencement successful April of a proceedings against a “notorious” Janjaweed leader, Ali Muhammad Ali Abd-Al-Rahman, known arsenic “Ali Kushayb”.  

Four apprehension warrants stay outstanding, including for Sudan’s erstwhile President, Omar Al-Bashir, who was deposed successful April 2019.  

The different warrants are for the erstwhile Interior Minister, Abdel Raheem Muhammad Hussein; the erstwhile politician of South Kordofan state, Ahmed Harun, and Abdallah Banda, erstwhile commandant of the Justice and Equality Movement (JEM). 

Mr. Khan stressed that the cases earlier the ICC “are not against Sudan” but “against individuals for whom the grounds discloses their work successful narration to crimes wrong the jurisdiction of the court.” 

Prosecutor Karim Khan of the International Criminal Court briefs members of the UN Security Council connected  the Sudan and South Sudan.

UN Photo/Eskinder Debebe

Prosecutor Karim Khan of the International Criminal Court briefs members of the UN Security Council connected the Sudan and South Sudan.

Increasing effectiveness 

As with each cases referred to the ICC by the Security Council, Sudan is simply a precedence for Mr. Khan. 

Several factors, including non-cooperation by erstwhile regimes, prevented investigators from undertaking tract visits to the state implicit the past 17 years. 

As a result, grounds against Mr. Al-Bashir and Mr. Hussein needs strengthening, helium said, which requires practice and collaboration from the Sudanese authorities, but besides the Council and UN Member States. 

Mr. Khan spoke astir steps helium has taken towards greater effectiveness, specified arsenic allocating further investigators, unit and resources.  He has besides appointed renowned quality rights lawyer Amal Clooney arsenic a pro bono peculiar adviser. 

His sojourn to Khartoum past August besides resulted successful the signing of a memorandum of knowing with the authorities connected each 4 apprehension warrant cases, marking a first.  

The Sudanese authorities had besides committed to enactment much intimately with his Office, and to motion the Rome Statute, the 1998 pact that established the ICC. Agreement had besides been reached to guarantee a imperishable tract beingness of the Office of the Prosecutor successful Khartoum. 

A changed ‘landscape’ 

However, the “landscape” successful Sudan changed conscionable 2 months aboriginal aft the military, which had been sharing powerfulness successful a transitional government, dissolved civilian rule. 

“The hiatus from the 25th of October has meant we person mislaid focal points. We are trying to drawback up,” said Mr. Khan.  “We person had to suspend progressive investigations, truthful this was a precise troublesome, concerning crook of events.” 

There has been an “upside”, helium reported, pursuing an ICC squad sojourn to Khartoum successful December.  General Abdel Fattah al-Burhan, who led the coup, has reassured that the memorandum of knowing was inactive valid, and that helium was looking astatine cooperating. 

“And helium said - connected much than 1 juncture to maine directly, and to the squad successful December - that it was indispensable to person justness for the victims successful Darfur,” Mr. Khan told ambassadors. 

“The situation present collectively for each of america is to marque definite those assurances are translated into concrete, tangible partnerships and accountability.” 

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