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8132nd Security Council Meeting: Reports of Secretary-General on Sudan and South Sudan
The International Criminal Court’s entire judicial machinery could be frustrated unless the suspects it had indicted appeared before it, the institution’s Chief Prosecutor cautioned the Security Council today, as members discussed different approaches concerning the arrest warrants issued by the Court in the case of Darfur, western Sudan.
Chief Prosecutor Fatou Bensouda, presenting her twenty‑sixth report on the situation pursuant to Council resolution 1593 (2005), noted that since submitting her last one, President Omar al‑Bashir of Sudan had travelled to a number of countries, some of which were States parties to the Rome Statute and all of which were United Nations Member States.
Those countries had not fulfilled their obligation to arrest and surrender President Bashir into the Court’s custody, she said, noting his recent travels to South Africa, Jordan, Uganda, Chad, and the Russian Federation. Expressing regret over the Security Council’s inaction in the face of that non‑fulfilment, she said it emboldened others to invite Mr. Bashir, safe in the knowledge that there would be no consequences.
She went on to invite Sudan to rethink its antagonistic posture towards the Court, emphasizing that its work was essential to fighting impunity. President Bashir and the other suspects were alleged to have committed serious crimes against the people of Darfur, including murder, torture and persecution, she pointed out. Underlining that time was on the side of justice rather than the side of the perpetrators, she pledged the Court’s commitment to victims.
Sudan’s representative responded by saying that the Chief Prosecutor and her Office had been blinded by political motives. Reiterating that his country was not a State party to the International Criminal Court, he said the latter’s very existence contravened the principles of State sovereignty and sovereign equality of States. Turning to the Secretary‑General’s latest report, he said it exceeded all norms by attacking Heads of State. It also contained fabricated information about the current situation in Darfur, the number of displaced persons, and the violations committed, all of which were outside the Prosecutor’s competence, he said, adding that its exaggerated figures, as compared to reports of Department of Peacekeeping Operations, called for a serious investigation.
Ethiopia’s representative echoed the African Union’s call for suspending the proceedings against President Bashir, saying the case was becoming an embarrassment for the International Criminal Court. The report, which showed the spectrum of countries in non‑compliance, was itself evidence of the weakness of the case against the President, he said, while highlighting Sudan’s contribution to the fight against terrorism and its improved international engagement.
Other delegates agreed, with the Russian Federation’s representative faulting the report for omitting many positive developments, from Khartoum’s efforts to implement the Doha Document of Peace, to the issuance of visas and customs clearances for the African Union‑United Nations Hybrid Operation in Darfur (UNAMID). Regarding President Bashir’s visit to other countries, he stressed: “We do not intend to report to anybody on our bilateral contacts with Sudan.”
Ukraine’s representative, however, said that, as Chair of the Sudan Sanctions Committee, he was concerned about continuing violations of human rights. Emphasizing the importance of bringing to account those responsible for extrajudicial killings, sexual violence and harassment of political opponents and human rights activists, he said each unimplemented Court decision widened the gap between crime and accountability.
The representative of the United States said it was unacceptable that suspects indicted by the International Criminal Court remained at large. It was disappointing that President Bashir continued to travel to countries around the world, diminishing the tremendous suffering of victims. Despite some progress, lasting peace remained elusive and accountability non‑existent, she said, adding: “We will continue to use the tools at our disposal” to promote justice for the people of Darfur.
Senegal’s representative stressed that no peace could be built upon the remnants of impunity. Justice for the victims required tireless commitment, he added, encouraging the Government of Sudan to respond to allegations of human rights violations, while underlining the essential importance of dialogue and reconciliation to realizing holistic and definitive peace.
Also speaking today were representatives of the United Kingdom, France, Sweden, Kazakhstan, Italy, Egypt, Uruguay, Bolivia, China and Japan.
The meeting began at 11:06 a.m. and ended at 12:57 p.m.
