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8425th Security Council Meeting: Report of Secretary-General on Sudan
Violations of the International Criminal Court’s Rome Statute – including failure to arrest fugitives as they cross international borders - are unlikely to end if the Security Council remains unwilling to take action against such non-compliance, the Court’s Chief Prosecutor said today, as she briefed the 15-member organ on her investigation into alleged crimes in the western Darfur region of Sudan.
“Justice delayed is justice denied,” Chief Prosecutor Fatou Bensouda emphasized, outlining numerous instances of non-compliance by both the Government of Sudan and third-party States. Noting that five arrest warrants remain outstanding for current and former Sudanese officials ‑ including President Omer al-Bashir - she said they contain more than 60 counts of war crimes and 50 counts of crimes against humanity, such as extermination, murder, rape and torture. “The body of evidence is increasing, and my prosecution team continues to prepare in anticipation of the future arrest and surrender of any of the Darfur suspects,” she affirmed.
Noting that levels of violence in Darfur decreased over the reporting period, she said that impunity, as well as reports of serious crimes, regrettably persist. Meanwhile, Mr. Bashir and others accused of war crimes continue to travel internationally - including to States parties to the Rome Statute - with no response from the Council, she noted. In a related Arria-formula meeting in July, she recalled, several States voiced concern over such inaction and proposed concrete, workable measures to enhance cooperation between the Court and the Council. “I remain hopeful that the constructive dialogue and proposals at that meeting will provide further momentum,” she said, declaring: “The critical eyes of history are upon us.”
As Council Members took the floor, several speakers expressed support for the International Criminal Court’s investigation in Darfur – and elsewhere – despite growing criticism of its work. Some delegates called upon national authorities to apprehend individuals subject to the Court’s warrants when the opportunity arises, warning States parties to the Rome Statute, in particular, that any failure to do so risks undermining the Court’s credibility Court and denying justice to the victims of horrific crimes.
Sweden’s representative was among the speakers who voiced concern over the continuing failure of Member States to uphold their responsibilities under international law. He said that while the Court has rendered landmark verdicts on such issues as the recruitment or use of children in armed conflict, it is a matter of concern that pressure and hostile rhetoric against it continue to increase. The work of the Court and its tribunals has a real impact, he stressed, adding that “it is impartial and goes wherever justice is most in danger”.
France’s representative emphasized that it remains the Council’s responsibility to take determined action against impunity in Sudan and to end the crimes committed in Darfur. “The fight against impunity and respect for human rights are inseparable,” she said, stressing that the responsibility of States to cooperate with the International Criminal Court in conformity with Council resolutions extends to Sudan, which must execute arrest warrants for crimes committed on its territory. Rejecting efforts to trivialize the refusal of Member States to cooperate with the Court, she reiterated her delegation’s proposal to invite before the Council States that have not been able to cooperate with the Court.
Several speakers struck a different tone, rejecting the International Criminal Court’s legitimacy to investigate non-signatory States parties to the Rome Statute. Still others expressed the view that few, if any, changes have emerged in the Prosecutor’s latest report, which nevertheless trumpets “significant progress” without clarifying the nature of that progress.
In that vein, the Russian Federation’s delegate said that aside from such mysterious references to progress, the Court has in fact spent its time tracking Mr. Bashir’s international travel and demanding that States comply with its rules. Such actions are far less burdensome than interviewing victims, he said, underlining the fact that Mr. Bashir continues to enjoy immunity as a State official, even after being referred to the Court. The latter should focus on its priority functions, he stressed, urging it - “at long last” – to begin an objective, comprehensive investigation into the situation in Darfur.
Ethiopia’s representative said the application of warrants in the Sudan situation is not helpful to the situation there. In fact, the manner in which the Court has acted in Africa as a whole has left a bad impression, resulting in an examination by the African Union Commission, she added. While noting that many member States of the African Union were among the first to sign on to the Rome Statute, she emphasized that the search for justice must not be pursued at the expense of the search for peace. It is for that reason that Africa has requested that the Court withdraw the Council’s referral of the Darfur situation, she explained.
Sudan’s delegate, echoing those sentiments, emphasized the need to reconsider the Court’s role in Darfur, particularly after European investigations revealed corruption in its work. The Court is levying charges to please those financing it, he said, pointing out that while it consistently refuses to press charges against soldiers of powerful countries, it never fails to indict a sitting African Head of State. Underlining the principle of equality among States, he stressed that “the only obstacles to peace in Darfur now are the efforts of the Court”, which has been rendered “a tool of political bias”.
Also speaking were representatives of the United States, Bolivia, Poland, China, Netherlands, Kazakhstan, Equatorial Guinea, United Kingdom, Kuwait, Peru and Côte d’Ivoire.
The meeting began at 3:07 p.m. and ended at 4:47 p.m.
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