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7963rd Security Council Meeting: Sudan and South Sudan
Delegates Split on Handling of Sudan’s President, Other War Crimes Suspects
The pervading toxic culture of impunity must be tackled in order for justice to prevail in Darfur, the International Criminal Court’s Prosecutor told the Security Council today as it remained split on how the matter was being handled.
Fatou Bensouda, presenting her twenty-fifth report on the situation in Darfur, pursuant to Council Resolution 1593 (2005), urged the 15-member Council to take concrete action that would help deliver justice to the victims of the crimes committed in Darfur.
Action was particularly needed in the arrest and surrender of suspects wanted by the Court, she stressed. It remained perplexing how suspected perpetrators of heinous crimes could freely travel. For example, the President of Sudan, Omar Al-Bashir, for whom an arrest warrant had been issued years ago, had travelled to South Africa and more recently to Jordan. “Let us not forget, these men stand accused of multiple charges for some of the world’s most serious crimes as foreseen under the Rome Statute,” the Prosecutor said.
Inviting, facilitating or supporting the international travel of any person subject to an International Criminal Court arrest warrant was inconsistent with a commitment to international criminal justice, she stressed. Yet both countries had declined to arrest and surrender Mr. Al-Bashir to the Court.
The Council had the power to influence both State and non-State parties to the Rome Statute in order to assist efforts to arrest and surrender the Darfur suspects, she said. While noting that a Pre-Trial Chamber of the Court would soon decide whether South Africa acted in non-compliance with the Rome Statute, she said that at a minimum, the Council had to take concrete action in response to decisions of non-compliance referred to it by the Court. To date, there had been 13 such decisions, and yet not one had been acted upon by the Council. Members had to renew their engagement relating to the arrest and surrender of the Darfur suspects. “It is imperative that we work together to restore faith and renew hope that justice for the victims in Darfur will finally be realized,” she added.
Darfur was not out of the clear, she continued, expressing concern over recent developments on the ground. Those included: renewed clashes between the Sudanese army and armed opposition movements; attacks and gender-based violence aimed at internally displaced persons; and a worrisome spike in arrests of political opponents of Sudan’s Government. The Council could also influence the Government of Sudan to demonstrate its commitment to combating impunity.
Sudan’s representative said the “sorry state of the defective kangaroo Court” could only lead to its failure as its activities ran counter to international law and international covenants. He emphasized that about 60 per cent of the world’s population lived in States that did not recognize the Court’s jurisdiction, including the Russian Federation, China and the United States. The latest report’s incoherence was evident, he said, adding that there had been an absence of honesty and justice in stating the facts of the situation. The Court, for its part, had played a political role.
With regard to reports of genocide, he said that at the end of 2015 the General Assembly had adopted a decision to commemorate the victims of genocide. Sudan’s statement on that occasion had recalled a wide range of testimonies, from world leaders to international non-governmental organizations, refuting that any genocide had taken place in Darfur.
In the debate that followed, Member States expressed varying views, with some underscoring their concern at the stalemate. France’s speaker noted that none of the goals set a dozen years ago had been met and that impunity continued to reign. Unless the Council took action, instability would prevail and the people living in Darfur would continue to be victims, she said.
The representative of the United States said the need to bring justice to victims was overwhelming. As former leaders responsible for war crimes had been held accountable in the past, the Council should not let Sudan be the exception. And yet none of those individuals that had been indicted with regard to the situation in Darfur had been brought to justice. Uruguay’s delegate urged the Council to adopt a more structured focus when considering cases of non-cooperation.
Several African countries highlighted the position of the African Union which had repeatedly urged the Council to withdraw its referral of the situation to the Court. Ethiopia’s delegate said that the manner in which the Court had been operating had been a major disappointment. The African Union was convinced that the referral would cause more harm than good while seriously undermining ongoing efforts to resolve the conflict. Egypt’s representative, stating the African Union concern that the Security Council had not responded to its call to withdraw Darfur-related matters, called for the Court proceedings against President Al-Bashir to be suspended. He disagreed with any action taken against an African State under the pretext that the State had not arrested the President and handed him over to the Court.
China’s representative urged the international community to give adequate attention to the African Union’s concerns and take a more objective stance on the matter. All States must fully respect the territorial integrity and sovereignty of Sudan. The delegate from the Russian Federation said his Government’s position had not changed with the release of new reports. If there was no unity among States on how they must execute the arrest of certain people then that should be discussed within the context of the Rome Statute. Exerting pressure in the Security Council was not appropriate, he said, adding that the Prosecutor’s Office did not want to understand that.
Also speaking today were representatives of the United Kingdom, Japan, Ukraine, Italy, Sweden, Senegal, Kazakhstan and Bolivia.
The meeting began at 3:04 p.m. and ended at 4:49 p.m.
