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Security Council: Reports of the Secretary-General on the Sudan and South Sudan - 8791st Meeting
Creation of Transitional Justice Commission Underway, Sudan’s Representative Says
Sudan must now fully seize its critical role in delivering long-awaited justice to victims by ending impunity for perpetrators of atrocity crimes committed in Darfur almost 20 years ago, the Prosecutor of the International Criminal Court told the Security Council today.
Briefing the 15-member organ for the final time in her current capacity as Prosecutor, Fatou Bensouda presented the thirty-third report on the situation in Darfur, pursuant to resolution 1593 (2005), highlighting achievements and challenges ahead. Today, “developments in Sudan amply demonstrate that the arm of justice is long and patient,” she said, recalling productive meetings with authorities and victims in affected communities during a recent visit to Darfur — the Court’s first in 15 years. Citing forward steps towards delivering justice, she said the Office had presented evidence at hearings in May for two suspects, and a new page had been turned towards constructive cooperation between the Court and the transitional Government of Sudan to address outstanding issues.
Still, the road ahead remains long and fraught with dangers, she said. The transitional Government must now tangibly demonstrate that the new Sudan is now a full-fledged member of the international community that has joined the fight against impunity and is fully committed to justice and the rule of law. Almost all the suspects are in the custody of the Government of Sudan, and there is no legal impediment to their surrender to Court. Raising several concerns, she said a volatile security situation in some areas of Darfur has seen tribal fighting and armed clashes between Government forces and armed rebel groups contribute to large-scale displacements and deaths. She also expressed dismay at reports indicating an increase in incidents of sexual and gender-based violence against women and girls.
At the same time, she said, the situation in Darfur is a clear demonstration of how the framers of the Rome Statute system envisaged the Court and the Security Council working together towards the twin goals of justice and peace. The Council’s referral of the Darfur situation to the Court in 2005 — the first of its kind related to atrocity crimes — brought hope to the victims by sending a clear message: justice is not only important in its own right, but also has a multiplier effect on achieving sustainable peace, she said. (See Press Release SC/8351.)
“Justice and accountability in Sudan, including Darfur, cannot be achieved without maintaining security and stability for vulnerable communities,” she said, calling on Council members and regional partners to help Sudan break this troubling cycle of violence. Indeed, the support of all United Nations Member States in restoring and maintaining lasting peace in Sudan remains as important today as it was 16 years ago, she said, adding that: “I trust that the recent progress that has been made in the Darfur situation, after so many years of shattered promises and disappointment, will serve as a beacon of hope to the victims of atrocity crimes in other situation countries, as well.”
In the ensuing discussion, many Council members voiced concerns about chronic violence, with some calling for Sudan to meet its obligations to the responsibility to protect civilians. Many commended recent positive steps, including the operationalization of Sudan’s Truth and Reconciliation Commission and a Special Court for Darfur crimes.
Calling for international support for such steps, Kenya’s delegate highlighted a recent African Union Peace and Security Council meeting recognizing the readiness of Sudan’s transitional Government to address justice-related issues. The representative of Saint Vincent and the Grenadines, acknowledging current national efforts, said Sudan bears primary responsibility for protecting its citizens as well as for investigating and prosecuting atrocities.
Council members whose States are not party to the Rome Statute and do not recognize the Court shared their perspectives. China’s delegate emphasized that the Court should follow the principle of fully respecting the sovereignty of the Government of Sudan. India’s delegate, recognizing Sudan’s efforts to deliver justice, called on the international community to support the nation in its political transition. The United States representative, expressing full support for the Court’s investigations, called on the transitional Government to honour its obligations under the Juba Peace Agreement and resolution 1593 (2005).
Sudan’s representative said that ensuring justice for crimes committed in Darfur is a priority for the transitional Government. Citing a range of steps being taken, he said work is under way to establish a transitional justice commission whose tasks will include, among other things, revealing the truth, providing restitution and pursuing reconciliation. Once established, the commission will conduct an expanded dialogue to ensure that it fulfils the expectations of victims and achieves the spirit of justice, he said.
Also delivering statements were representatives of Mexico, Tunisia, Norway, the United Kingdom, Niger, Ireland, Viet Nam, France, Russian Federation and Estonia.
The meeting began at 10:02 a.m. and ended at 11:35 a.m.
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