13 December 2012 – Security Council - Sudan/Report of the Prosecutor of the ICC – Statement by Mr. Martin Briens, Deputy Permanent Representative of France to the United Nations
I thank Prosecutor Bensouda her briefing.
Since 2005, the
Office of the Prosecutor has reported to the Security
Council in a transparent manner on the work of
investigation and the proceedings carried out by the
International Criminal Court (ICC), and we are grateful
Nearly eight years after the Council referred the
question at hand to the Court, the results are mixed.
The Office of the Prosecutor and the judges of the
Court have implemented their mandate. Preliminary
analyses of crimes have been carried out, investigations
have been undertaken, five arrest warrants against four
individuals have been issued, and judicial proceedings
against rebels who voluntarily gave themselves up have
commenced. The first trial is about to open against two
rebel leaders, Mr. Abdallah Banda and Mr. Saleh Jerbo,
for the attacks on peacekeeping troops in Haskanita.
It cannot be denied that the Court’s action has had an
impact — criminals hesitate to perpetrate the massive
attacks that was their hallmark in 2003.
But there is also a darker side, of which the
Prosecutor reminded us this morning. First of all,
four individuals accused of war crimes and crimes
against humanity — one of whom is also accused
of genocide — continue to evade the Court overtly
and blatantly, despite the arrest warrants issued for
them by the International Criminal Court. These are
the Sudanese President Mr. Al-Bashir, the former
militia leader Mr. Ali Kushayb, the Defence Minister
Mr. Mohammed Hussein, and the present Governor of
Southern Kordofan, Mr. Ahmed Haroun, are at liberty.
Secondly, those four individuals — who are being
prosecuted, let us remember, for the massacre and
displacement of thousands of civilians, and are accused
of having perpetrated genocide by methods that they
hoped were invisible, such as rape, persecution, and
the intentional blocking of access to aid — are still
in key positions and able to order further atrocities.
As illustrated by current affairs before the Council,
impunity is encouraging them to use the same methods
in Southern Kordofan.
Thirdly, despite the Sudanese Government’s
deceitful efforts, reports confirm air strikes, the failure
to disarm the Janjaweed militias, arbitrary arrests,
sexual violence and obstruction to humanitarian aid.
Finally, in contrast with the announcements made
by the Sudanese authorities and the multiplication of the
Sudanese special courts supposedly set up to prosecute
the perpetrators of serious crimes committed in Darfur,no legal proceedings have been undertaken.
Unlike Libya, which undertook to prosecute those accused by
the ICC pursuant to the complementarity provisions of
the Rome Statute, the Sudan has not taken the slightest
measure to try the four accused.
The Office of the Prosecutor President Mbeki’s
High-Level Implementation Panel have scrutinized the
work of all the special courts established since 2005 in
the Sudan. They have done nothing, and they can do
nothing since all the perpetrators of crimes are enjoying
total immunity. As Ms. Bensouda reminded us, the
Panel of the African Union made the same finding.
All of the foregoing elements f lout resolution 1593
(2005) and other Council resolutions on the Sudan, the
most recent of which being resolution 2063 (2012) of
31 July. The Sudan’s obligation to cooperate pursuant
to those resolutions is not being respected.
I would also point out that the implementation of the
peace process is riddled with failings. Reconstruction
is stymied and the return of internally displaced
persons and refugees has still not taken place, while
the resurgence of fighting is increasing insecurity.
Resources transferred to the Darfur Regional Authority
are still too few. In those conditions, people are not
seeing any of the improvements that alone would win
their support for the peace plan.
There will be no lasting peace in Darfur and in the
Sudan as a whole if we leave crimes against civilians
unpunished. Experience has proven that. In Blue Nile
and Southern Kordofan states, the crimes that were
committed in Darfur are being replicated — the same
crimes, the same organization and the same victims,
civilians. The Office of the Prosecutor has drawn its
conclusions and has asked the Council to think afresh
and consider new legal or operational measures to
ensure the implementation of its resolutions.
Our Council must be consistent. The Secretariat
and the States parties to the Rome Statute must also
First, contacts with fugitives from justice are
unacceptable. They cannot be considered interlocutors
and should not set foot in the territory of a State Party
without being arrested.
Secondly, we must respond
to the letters from the Court addressed to us through
the Secretary-General on non-cooperation issues.
Thirdly, we could certainly resume our consideration
of the listing of individuals concerned by the Sanctions
Committee. That was raised repeatedly in the debate of 17 October last under the presidency of Guatemala
I would remind the Council that paragraph 3 of
resolution 1591 (2005) explicitly states that those
violating international humanitarian law or international
human rights law shall be subject to sanctions. All those
measures have a final goal — the arrest and transfer to
The Hague of the accused pursuant to resolution 1593 (2005), which, let us remember, is mandatory for all.
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