5 June 2012 - Security Council - Sudan/ICC Report - Statement by Mr. Martin Briens, Chargé d’Affaires a.i. of France to the United Nations

(UN translation)

I would
first of all like to thank Mr. Luis Moreno-Ocampo,
Prosecutor of the International Criminal Court (ICC),
for his report. Since 2005, he has briefed the Council
in a transparent way on the judicial work carried out by
his Office and the Court. As he steps down on 18 June,
I would like to take this opportunity to extend to him
France’s gratitude for his outstanding commitment to
the fight against impunity, in particular in Darfur. I also
congratulate Ms. Fatou Bensouda on her election to the
office of Prosecutor. We have every confidence that,
under her stewardship, the International Criminal Court
will continue its work with the same independence and

First of all, a reminder — it was the Council that
referred the situation in Darfur to the International
Criminal Court through a resolution under Chapter
VII of the United Nations Charter. The International
Criminal Court did not take it on by itself. It was the
Council that decided that the Sudan and other States
Members of the United Nations should cooperate with
the International Criminal Court on the case.
The Council did that for two reasons. The first
reason was the extent of the crimes committed in Darfur,
some of which were crimes against humanity and
crimes of genocide. The second reason was because the
Council gives still greater importance to responsibility
for crimes committed and the fight against impunity.
Returning to the report, in it the Prosecutor recalls
that four people indicted for war crimes and crimes
against humanity, one of whom is accused of genocide,
continue openly and publicly to evade the Court
despite the arrest warrants issued against them by the
International Criminal Court. President Al-Bashir,
former militia commander Mr. Kushayb, Minister
of Defence Mr. Hussein and the current Governor of
Southern Kordofan, Mr. Haroun, are free. Sought for the
massacre of thousands of civilians or accused of having
carried out genocide, they retain key offices and are in a
position to order new killings.

As the report underscores, impunity encourages
them to continue the same methods in Southern
Kordofan, where a serious humanitarian crisis is taking
place behind closed doors. Despite the Government’s
efforts to ban observers, everyone is well aware of
the aerial bombings, the lack of basic health care, the arbitrary arrests, the gender-based violence and the
blocking of humanitarian aid amid widespread famine.
Just because the Sudanese authorities are doing their
utmost to conceal that situation does not mean that we
should allow ourselves to be deceived and to ignore our
responsibilities. International justice must run its course,
show that the threat against the perpetrators of crimes is
not in vain, and deter others from taking the same path.

In order to justify the failure to execute arrest
warrants, some people have invoked the primary role
of the Sudanese national jurisdiction. Moreover, the
Prosecutor, Mr. Moreno-Ocampo, since taking oath, has
always demonstrated his attention to the primary role of
national jurisdictions in the situations before the ICC.
He has reviewed the work of all special jurisdictions
established in the Sudan since the 2005. The conclusion
is nothing. They have done nothing, and they cannot
do anything since all perpetrators of the crimes enjoy
complete immunity. That also, I recall, is President
Mbeki’s conclusion in the report of the African Union
High-Level Implementation Panel on the Sudan (see

Today, only the case against the leaders of rebel
groups, Mr. Abdallah Banda and Mr. Saleh Jerbo, the
perpetrators of the attack on the African Union base
in Haskanita, is under way. They gave themselves up
voluntarily and have agreed to suffer the consequences
of their crimes.
As the Prosecutor’s report points out, the international
community’s inability to bring to trial the four indictees
is a challenge to the authority of the Security Council,
which, with the adoption of resolution 1593 (2005),
demanded that justice for the crimes committed in
Darfur be done. The obligation to cooperate decided
by the Council has not been respected. As a result, the
Prosecutor has called on the Council to undertake fresh
consideration, including by asking Member States to
prepare for arrest operations. That is nothing new. That
has already been done for the International Criminal
Tribunals for the Former Yugoslavia and for Rwanda.

As the Prosecutor proposes, the Council could
effectively consider new legal or operational measures
so as to ensure that its resolutions are implemented.
The Council, as well as the States parties to the Rome
Statute, must demonstrate consistency. They cannot
host on their territory an individual under an ICC arrest
warrant without moving towards his arrest. Let us recall that such a duty to cooperate derives not only from the
Rome Statute, but also from resolution 1593 (2005).

Dernière modification : 26/02/2015

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