Sudan: UN Security Council Briefing & Consultations

From What's In Blue 
Dated Wednesday, 15 November 2023 - here is a copy in full:

Sudan: Briefing and Consultations

Tomorrow afternoon (16 November), the Security Council will convene for an open briefing, followed by closed consultations, on the UN Integrated Transition Assistance Mission in Sudan (UNITAMS). Assistant Secretary-General for Africa in the Departments of Political and Peacebuilding Affairs and Peace Operations (DPPA-DPO) Martha Ama Akyaa Pobee is expected to brief on the Secretary-General’s latest 90-day report (S/2023/861), which was circulated to Council members on 10 November and covers developments from 21 August to 31 October. Director of OCHA’s Operations and Advocacy Division Edem Wosornu is likely to brief Council members in the closed consultations. The UK, the penholder on Sudan, is expected to propose press elements in connection with OCHA’s briefing.

This is likely to be the Council’s last meeting on Sudan before the expiry of UNITAMS’ mandate on 3 December. Council members are currently negotiating a UK-authored draft resolution renewing the mission’s mandate.

In a 6 November letter addressed to the president of the Security Council, the Secretary-General announced his decision to initiate an independent strategic review of UNITAMS. The letter said that the strategic review seeks to provide the Council with recommendations to ensure that the UN is best positioned to support peacemaking and peacebuilding efforts in Sudan over the next 12 to 18 months. It further noted that the findings and recommendations of the strategic review will be shared with Council members in January 2024.

The decision to initiate the strategic review comes against the backdrop of devastating fighting that erupted on 15 April between the Sudanese Armed Forces (SAF), headed by General Abdel Fattah al-Burhan, Sudan’s military leader and chairperson of the Transitional Sovereign Council, and the Rapid Support Forces (RSF), a paramilitary group led by General Mohamed Hamdan Dagalo (known as Hemeti). Despite several calls for a ceasefire from regional stakeholders and the broader international community, fighting has persisted over the past seven months, resulting in dire political, security, and humanitarian consequences.

During the period covered by the Secretary-General’s 10 November report, fighting continued in the cities of Khartoum, Omdurman, Bahri, as well as in Darfur and Kordofan states, and expanded to new areas, such as White Nile and Gezira states. In recent weeks, the fighting has intensified across several parts of the country, particularly in Darfur. According to the Secretary-General’s report, following heavy fighting on 26 October, the RSF gained full control over the SAF base in Nyala, the capital of South Darfur state. Moreover, following a 30 October RSF attack on the SAF base in Zalingei, Central Darfur state, the warring parties reached a settlement resulting in the withdrawal of SAF forces and the RSF gaining de facto control over Zalingei and its main roads.Nder

In a 14 November statement, Special Adviser of the Secretary-General on the Prevention of Genocide Alice Wairimu Nderitu expressed alarm about the renewed escalation of fighting in Nyala, Geneina, and Zalingei. The statement said that “[t]he latest reports from the Darfur region depict a deeply disturbing picture of continued systematic and indiscriminate attacks against civilians, including along ethnic lines”, adding that “the risks of genocide and related atrocity crimes in the region remain grimly high”. It further voiced concern about “serious allegations of mass killings in an area housing a camp for displaced families in Ardamata, Geneina, where more than 800 people were reportedly killed and 8,000 others fled to neighbouring Chad”.

The Secretary-General’s report notes that UNITAMS has continued to exercise its good offices in support of efforts to end the conflict and prepare for an eventual return to a political transition. During the reporting period, the mission carried out field-based and remote monitoring and reporting on human rights violations and abuses, while maintaining strategic engagement and advocacy with key stakeholders. The report further notes that UNITAMS continues to face several operational challenges, including communication disruptions, security conditions, and access limitations. The mission is currently operating inside Sudan, and also has temporary presences in Nairobi and Addis Ababa.

At tomorrow’s meeting, Pobee is expected to update members on developments regarding the ongoing regional and international efforts aimed at resolving the crisis. The Saudi-US facilitated talks between the Sudanese warring parties in Jeddah resumed on 26 October with the participation of a joint representative of the AU and the Intergovernmental Authority on Development (IGAD). (The talks, which began on 6 May, had been suspended following the SAF’s withdrawal on 31 May.)

On 7 November, the co-facilitators of the Jeddah talks announced that the Sudanese warring parties had committed to participating in a joint humanitarian forum led by OCHA to resolve impediments to humanitarian access and delivery of assistance. They further agreed to implement confidence-building measures relating to, among other matters, the establishment of communication channels between the warring parties and arrest of prison escapees and fugitives.

The first meeting of the humanitarian forum was convened on 13 November by Under-Secretary-General for Humanitarian Affairs Martin Griffiths and Deputy Special Representative for Sudan and UN Resident and Humanitarian Coordinator Clementine Nkweta-Salami. The meeting was attended by SAF and RSF representatives, along with the co-facilitators of the Jeddah talks. In his remarks at the meeting, Griffiths said that more than 10,000 people have reportedly been killed since the start of the conflict and that 25 million people in Sudan remain in need of aid. He emphasised the need for safe and unhindered humanitarian access and called on parties to the conflict to ensure protection of civilians in areas under their control. He added that he was “appalled by the horrific reports of extreme violence against civilians, including ethnic-based attacks and sexual violence”. At tomorrow’s meeting, some Council member may welcome the convening of the humanitarian forum and call on the warring parties to adhere to their obligations, while stressing the need for ensuring unfettered humanitarian access.

Amid the escalating violence in the country, on 13 November, al-Burhan visited Nairobi to meet Kenyan President William Ruto. According to a joint statement released following the meeting, the leaders agreed to work towards convening an urgent IGAD summit to find ways to accelerate the talks in Jeddah towards cessation of hostilities in Sudan. The statement added that the IGAD summit “will also agree on a framework for an all-inclusive Sudanese dialogue”. (Kenya is currently chairing the IGAD-led mediation process for Sudan, comprising Djibouti, Ethiopia, Kenya, and South Sudan.) Tomorrow, some Council members may call for coordination of, and cooperation among, the different diplomatic initiatives aimed at resolving the conflict.

Council members are likely to condemn the violence in Sudan and emphasise the need for a ceasefire. Some members may raise concerns about the high incidence of conflict-related sexual violence and are likely to continue stressing the need to ensure accountability and justice. According to the Secretary-General’s 10 November report, since the onset of conflict, the Joint Human Rights Office has received credible reports of 53 incidents of conflict-related sexual violence involving at least 106 victims, primarily in Khartoum, Darfur, and Kordofan states.

Another important issue raised by the Secretary-General’s 10 November report concerns increasing incidents of violence against children in Sudan. During the period covered by the Secretary-General’s report, the UN country task force on monitoring and reporting on grave violations against children in armed conflict (CTFMR) verified 314 grave violations against 303 children. (The six grave violations are child recruitment and use; killing and maiming; abductions; rape and other forms of sexual violence; attacks on schools and hospitals; and the denial of humanitarian access.)

Several Council members are expected to express concern about the deteriorating humanitarian conditions, rising food insecurity, attacks against civilian infrastructure (including schools and hospitals), and the worsening health situation in the country. According to a 25 October OCHA press release, 70 percent of hospitals in conflict-affected states are not functional, while facilities in states not affected by the conflict have been overwhelmed by an influx of people displaced by the fighting.

According to data presented by the Office of the UN High Commissioner for Refugees (UNHCR), approximately 4.63 million people have been displaced internally across Sudan’s 18 states since the conflict began. At the same time, more than 1.17 million people have sought refuge in Sudan’s neighbouring countries, including the Central African Republic (CAR), Chad, Egypt, Ethiopia, and South Sudan.

At tomorrow’s meeting, the briefers and several Council members might call for enhanced funding from the international community to support the humanitarian response in Sudan. At the time of writing, Sudan’s 2023 Humanitarian Response Plan, requiring $2.57 billion, was 33.4 percent funded.

View original: https://www.securitycouncilreport.org/whatsinblue/2023/11/sudan-briefings-and-consultations.php

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13 Nov 2023, Kenyan President William Ruto received Gen. Abdel-Fattah Al Burhan, President of the Transitional Sovereignty Council of Sudan, in Nairobi.

Source: https://www.president.go.ke/joint-statement-at-the-conclusion-of-consultations-between-h-e-president-william-ruto-and-h-e-president-abdel-fattah-al-burhan/

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Sudan: Humanitarian Update. 53 healthcare attacks, 11 dead. Aid workers attacked or detained, 18 killed

HERE is a full copy of a Press Release from OCHA

(United Nations Office for the Coordination of Humanitarian Affairs)

Dated Monday 07 August 2023

SUDAN: Humanitarian Update (7 August 2023) 

HIGHLIGHTS • More than 3 million people have been internally displaced across all of Sudan’s 18 states due to the ongoing conflict between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF), as of 1 August. • About 2.2 million of all people internally displaced have fled from Khartoum State. • About 880,000 people have fled the conflict across Sudan’s borders into neighbouring countries, including Central African Republic, Chad, Egypt, Ethiopia and South Sudan, as of 3 August. • About 20.3 million people across Sudan – over 42 per cent of the population – are now facing high levels of acute food insecurity between July and September 2023. More than 6.2 million people are just one step away from famine. • On 3 August, the first humanitarian convoy to reach East Darfur since the start of the conflict arrived in the state, after a nine-day road trip. Office for the Coordination of Humanitarian Affairs (OCHA) facilitated the first cross-border delivery of food items by the World Food Programme (WFP) from Chad into West Darfur, one of the most food-insecure states in the country. Those supplies arrived in West Darfur on 3 August.

SITUATION OVERVIEW As the conflict between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) continues across the country, more people are being displaced and humanitarian needs are increasing daily. To date, about 3.9 million people have been displaced inside and outside the country due to the conflict that erupted on 15 April. More than 3 million people have been displaced internally as of 1 August, according to the International Organization for Migration Displacement Tracking Matrix (IOM DTM). People have been displaced across all 18 states, the majority of whom are in River Nile, Northern, North Darfur and White Nile states. About 71 per cent of those displaced are originally from Khartoum. The most severe clashes have taken place in the capital city of Khartoum and the state capital of West Darfur, Ag Geneina town. Additionally, ­fighting between SAF and the Sudan People’s Liberation Movement-North (SPLM-N) has been reported in several locations across South Kordofan and Blue Nile states, resulting in civilian displacement. In addition, about 880,000 refugees, asylum seekers and returnees have crossed the border into neighbouring countries, including Central African Republic, Chad, Egypt, Ethiopia and South Sudan as of 3 August, according to the UN Refugee Agency (UNHCR). Humanitarian needs across the country continue to rise. The conflict and economic crisis have driven about 20.3 million people across Sudan (over 42 per cent of the population) into high levels of acute food insecurity between July and September 2023, according to the latest report from the Integrated Food Security Phase Classification (IPC) for Sudan. This is nearly double the number of food-insecure people compared to the last IPC analysis conducted in May 2022. Of these food-insecure people, 14 million (29 per cent of the population) are in crisis levels, IPC Phase 3. This means that people have less food to eat and are forced to adopt crisis-coping strategies, such as eating fewer meals a day. More than 6.2 million people (13 per cent of the population) are at emergency levels, IPC 4, just one step away from famine (IPC 5). They mainly reside in states with active conflict and are selling off assets to buy food.   On 30 July, Sudan's Civil Aviation Authority extended the closure of Sudanese airspace until 15 August 2023 to all air traffic, except for humanitarian aid and evacuation flights. Sudanese airspace has been closed to regular air traffic since mid-April, when the conflict between the SAF and RSF erupted. In addition, state authorities in North Kordofan imposed a curfew from 1900 to 0500 across the entire state, effective from 2 August until further notice.

STATE UPDATES The majority of people internally displaced due to the conflict are from Khartoum State. IOM estimates that 2.2 million people have fled the state capital Khartoum, with 2.16 million people going to other states, while about 38,400 people have been displaced in seven locations within the state, mainly in Bahri (Khartoum North), Jebel Awlia, Karrari, Khartoum, Sharg An Neel, Um Bada and Um Durman localities. Most of these displaced people are living with relatives, while the rest have rented accommodations. More than 420,100 people, mostly displaced from Khartoum, have taken refuge in 73 locations across six localities in Blue Nile State, mainly Ed Damazine, Ar Rusayirs, Al Kurmuk, At Tadamon, Geisan, and Wad Al Mahi localities. About 66 per cent of displaced households are seeking shelter with relatives, while the remaining 34 per cent have rented accommodations. On 9 July, an inter-agency assessment mission was carried out in Ed Damazine and Rusayris localities. The World Food Programme (WFP) plans to start a verification exercise for internally displaced persons (IDPs) from Khartoum in these two localities to provide them with food assistance. UNICEF plans to rehabilitate two water yards in Abu Hashim, Ed Damazine locality. On 25 July, the World Health Organization (WHO) reported a measles outbreak in Wad Al Mahi locality, with 211 suspected cases and nine related deaths reported between 1 May and 24 July. Most of the cases were reported in Dam Town 7/ Umdarfa, while other cases were reported in Dam Town 1, 2 and 3. One suspected case each was reported in Ed Damazine and Geisan localities. A measles vaccination of 2,989 children under five years of age was carried out in Dam Town 7/ Umdarfa between 31 May and 2 June 2023. WHO and the State Ministry of Health (SMoH) are planning to vaccinate children under five years of age in Wad Al Mahi locality and catchment areas. About 297,000 people have arrived in North Darfur State after fleeing the conflict between SAF and RSF forces, according to IOM. Those displaced are taking refuge in 72 locations across Al Fasher, Al Koma, Al Lait, Al Malha, As Serief, At Tawisha, Dar As Salam, Kebkabiya, Kelemando, Kernoi, Kutum, Melit, Saraf Omra, Tawila, and Um Kadadah localities. Most (93 per cent) have been displaced from within the state, while the remaining displaced people have arrived from West Darfur, Khartoum, South Darfur and Central Darfur states. More than 43 per cent of those displaced are living with the host community, 17.5 per cent are living in IDP camps, and 6.5 per cent have taken refuge in schools or other public buildings. Northern State is hosting about 361,000 displaced people from Khartoum across 232 locations, according to IOM. All IDPs within Northern State have reportedly arrived from Khartoum. Displaced populations have been reported in Dabbah, Al Burgaig, Al Golid, Delgo, Dongola, Halfa and Merowe localities. Most of those displaced (80.96 per cent) are living with relatives, 8.7 per cent have rented accommodations, and 10.3 per cent have taken refuge in school premises or other public buildings. Many of the displaced people in Northern State are either waiting for the situation to improve in Khartoum or for their visas to Egypt to be processed, as it is close to both Argeen and Ashkeet border crossings. As people continue to move to Northern State, basic services are becoming stretched. On 27 July, the Medical Director of the Halfa Hospital indicated that remaining medicines and medical supplies in the hospital were only sufficient for one more week. Furthermore, the laboratory in Halfa Hospital lacks the supplies needed for different medical tests. Water, sanitation and hygiene (WASH) services are also affected. Access to safe drinking water is one of the main needs for displaced people at gathering points or shelters, as are sanitation facilities. More than 15 per cent of those displaced by the conflict between the SAF and RSF have taken refuge in River Nile State, which hosts about 467,700 displaced people across 244 locations, according to IOM. All IDPs have reportedly arrived from Khartoum and have taken refuge in Hamad, Ad Damar, Al Buhaira, Al Matama, Atbara, Barbar and Shendi localities. About 78 per cent of the displaced population are living with relatives and 15 per cent have rented accommodations, while the remaining displaced people are either sheltering in schools and public buildings or out in the open in gathering sites.   West Darfur currently hosts about 119,500 displaced people in nine locations across the state, according to IOM. IDPs have been reported in Ag Geneina, Foro Baranga, Jebel Moon, Kulbus and Sirba localities. The vast majority of those displaced have reportedly come from within the state (99 per cent) while others came from Central Darfur, Khartoum and South Darfur. About 73 per cent of the displaced population have taken refuge in shelters, while 27 per cent are living with relatives. On 2 July 2023, inter-communal conflict between Arab and Masalit tribesmen spread to Murnie Town in Kereneik locality. An estimated 87,500 people (17,535 households) were reportedly displaced by this conflict within the state and into neighbouring South Darfur and West Darfur states. Due to insecurity and targeted killings, people from Ag Geneina, Habila, Beida, Forobaranga, Kreneik, Mornei and Sisi localities continue to cross the border into neighbouring Chad.   On 29 July, RSF – supported by Arab militias in more than 100 vehicles and on motorbikes – reportedly attacked Sirba Town (50 kilometres north of Ag Geneina Town), according to the head of the Government’s Humanitarian Aid Commission (HAC), Adam Abdelnabi Al-Sheikh. The Commissioner reported that the entire town has been looted and burned, and an unspecified number of civilians have reportedly been killed. He also reported that about three-quarters of the town’s inhabitants have fled to Kondobei and Bir Dageeg villages in Sirba locality, while others crossed the border to Birak in neighbouring Chad. The remaining residents did not leave the town, as many were children, women and older or disabled people. After the attack on Sirba, the perpetrators went to Kondobei and Bir Dageeg villages, where they intimidated and looted residents’ homes, according to the HAC Commissioner. The de facto Wali (governor) of West Darfur formed a peace committee with representatives of the different tribes in Sirba locality to address the conflict and sign a reconciliation agreement between the tribes. More than 272,300 people have been displaced in 498 locations across White Nile State since the start of the conflict in mid-April, IOM reports. All of those displaced have reportedly arrived from Khartoum State and have taken refuge in Ad Diwaim, Aj Jabalain, Al Gitaina, As Salam/Ar Rawat, Guli, Kosti, Rabak, Tendalti and Um Rimta localities. More than half of the displaced population are living with relatives, 30 per cent are living in camp-like settlements, 9.8 per cent have rented accommodations, and the rest are staying in schools, public buildings or in open areas.

HUMANITARIAN RESPONSE AND CHALLENGES Since the start of the conflict in mid-April, humanitarians have worked to ensure the continued delivery of life-saving assistance to people in need, wherever and whenever possible. On 3 August, the first humanitarian convoy to reach East Darfur since the fighting began on 15 April arrived in the state, after a nine-day road trip. OCHA negotiated with the SAF, RSF, state governor, HAC, and community leaders in North and West Kordofan and East Darfur states for the movement of these trucks from White Nile to East Darfur. The SAF and RSF secured the roads in their areas of control, and community leaders supported the movement of the relief items between Tandulti and Um Rawaba in North Kordofan, and from El Fula in West Kordofan to the border of East Darfur state. The Office for the Coordination of Humanitarian Affairs (OCHA) also facilitated the first cross-border delivery of food items by the World Food Programme (WFP) from Chad into West Darfur, one of the most food-insecure states in the country. Those supplies arrived in West Darfur on 3 August. Insecurity, bureaucratic access impediments, and looting of humanitarian premises and warehouses across the country continue to negatively impact the delivery of assistance. At least 18 aid workers have been killed, with many others injured or detained, since the start of the conflict in mid-April. Between 15 April and 3 August 2023, there have been 53 attacks on health care, resulting in 11 deaths and 38 injuries, according to the WHO Surveillance System for Attacks on Health Care (SSA). These figures only represent attacks that WHO has been able to verify through its verification system. Attacks on health care include incidents involving hospitals, ambulances, laboratories, warehouses, health workers and patients. Some humanitarian organizations have also been forced to shutter offices or suspend operations in areas they are unable to access due to security concerns, mainly in Khartoum and the Darfur region. Any remaining resources will be used to scale up operations in accessible areas. Funding shortfalls, the limited capacity of humanitarian personnel and government counterparts on the ground, lack of fuel needed for the transportation of humanitarian supplies and staff, lack of access to money in banks, and difficulties in delivering humanitarian supplies to areas outside state capitals due to insecurity have also affected the humanitarian response. These challenges are further compounded by power outages, as well as poor internet and telephone connectivity.

CLUSTER UPDATES Food Security and Livelihoods Cluster: The Food Security and Livelihoods (FSL) Cluster partners continue to support people affected by the conflict with life-saving food and livelihood assistance. Since mid-April, FSL partners reached 2.03 million people with life-saving food assistance and 45,000 people with life-saving livelihoods assistance. FSL partners also distributed 2,800 metric tons (MT) of seeds benefitting 280,000 people. FSL partners plan to distribute a total of 8,840 MT of cereal seeds to 1 million vulnerable farmers for the planting season. The conflict is undermining the current planting season, coupled with soaring prices of fertilizer and seeds, which is impacting the food security and livelihoods situation in Sudan. The main livestock vaccination laboratory in Khartoum has been closed due to the conflict, and the resulting unavailability of livestock vaccines will also impact people’s livelihoods. Refugee Consultation Forum (RCF): Following the start of the conflict between the SAF and RSF, refugees are facing acute protection risks, including heightened risks of detention, extortion and deportation, according to Refugee Consultation Forum (RCF) partners. There are reports of refugees being stopped by armed elements or prevented from moving from one place to another. Refugees in White Nile State are facing critical gaps in services. Refugee camps were already below SPHERE[1] standards before the conflict, due to chronic funding shortages and a lack of durable solutions, and the fighting that has continued since mid-April has only made conditions worse. As people started arriving in the state from Khartoum, there has been an increase in the number of severe acute malnutrition (SAM) and moderate acute malnutrition (MAM) cases, as well as a suspected measles outbreak. About 300 South Sudanese refugee children in the state have died due to suspected measles and malnutrition, according to RCF partners. Since the start of the conflict, an estimated 187,333 refugee movements to new locations in the country have been reported. Most of these movements have been from Khartoum to White Nile State, with South Sudanese refugees accounting for more than 144,000 of the total. RCF partners have verified that 71 per cent are internal secondary movements, of which 16 per cent are women, 14 per cent are men, 34 per cent are girls, and 36 per cent are boys. Between 26 July and 1 August, RCF partners continued to respond to the needs of refugees across the country. In East Darfur, 633 South Sudanese refugees were reached with general protection awareness-raising activities. In South Kordofan and Gedaref states, 1,310 outpatient consultations were provided, and 393 Ethiopian refugees received mental health and psycho-social support (PSS) services. Case management continues to be provided for survivors of gender-based violence (GBV) and child protection cases, ensuring access to specialized services.  Logistics Cluster: The Logistics Cluster is currently providing storage services to partners at four locations, including in Port Sudan (Red Sea State), Wad Madani (Aj Jazirah State), Kosti (White Nile State), and Gedaref Town (Gedaref State). In the past week, the Logistics Cluster has provided storage space of up to 2,542 cubic meters for four partners at warehouses in Port Sudan, Wad Madani and Kosti. The cluster is in the process of contracting 190 square meters of temperature-controlled storage space for WFP. [1] The SPHERE standards are a set of minimum standards in humanitarian response for water, sanitation and hygiene (WASH); food security and nutrition; shelter and settlement; and health assistance.

FUNDING Humanitarian partners urgently require additional resources to scale up relief efforts across Sudan. The revised Sudan Humanitarian Response Plan (HRP) requires US$2.6 billion to provide life-saving multi-sectoral assistance and protection services to 18.1 million people through the end of this year. To date, the appeal is only 24.5 per cent is funded, with $628 million received as of 6 August, according to the Financial Tracking Service.

Download the Humanitarian Update here

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TRANSCRIPT: ICC Prosecutor's statement to the UN Security Council 13 July 2023 on Darfur Sudan

Statement: 13 July 2023 [here is a full copy]

Statement of ICC Prosecutor, Karim A. A. Khan KC, to the United Nations Security Council on the situation in Darfur, pursuant to Resolution 1593 (2005)

Thirty-seventh report: English, Français, عربي  

Mr President, thank you for the opportunity that you provided me to brief the Council once again today. And I'd also like to express my gratitude to the Permanent Representative of Sudan for the opportunity that I had yesterday to meet with him as well. 

Mr President, Excellencies, it's 90 days now, 90 days from the 15th of April, when fighting erupted between the RSF, the Rapid Support Force, and the Sudanese Armed Forces. And that conflict, that engagement, has spilled out of Khartoum to engulf much of Sudan. Certainly it is felt by the people of Darfur. 

And the simple truth is that we are in this Council and in the world, as we see increasing reports, in peril of allowing history to repeat itself: the same miserable history that compelled this Council in 2005 to refer this Darfur situation to the ICC. As we speak, there are women and children, boys and girls, old and young, in fear of their lives, living with uncertainty in the midst of conflict. And as their homes are burnt, many as we speak will not know what the night will bring and what fate awaits them tomorrow.

This is not hyperbole or polemics. It's the result of an objective assessment from myriad sources. Just today, Mr President, the Office of the High Commissioner for Human Rights released a report which detailed allegations concerning the killing of 87 ethnic Masalit, allegedly by the RSF and members of their allied militia in West Darfur. We are investigating those allegations.

We are, by any analysis, not on the precipice of a human catastrophe but in the very mists of one. It is occurring. 

And it's my analysis and my prayer and advice that we must act urgently, collectively to protect the most vulnerable. If this oft repeated phrase of “never again” is to mean anything, it must mean something here and now for the people of Darfur that have lived with this uncertainty and pain and the scars of conflict for almost two decades.

With respect to the role of my Office, I do wish to be very clear that our mandate pursuant to Security Council Resolution 1593 is ongoing with respect of crimes within our jurisdiction: the crimes of genocide, crimes against humanity, and war crimes. And any individual who is found to be committing those crimes within our jurisdictions will be investigated. And depending upon assessments by the independent judges of the ICC, we will strain every sinew and leave no stone unturned to ensure that they are held accountable in fair and independent trials.
 
We have already started investigating, as I said. And Mr President and Excellencies, I do want to be clear and send a clear message to every belligerent, every commander, every foot soldier who has a gun or believes that they have power to do what they want. That targeting civilians, individuals, targeting their homes, targeting their businesses, intentionally, particularly targeting children and women, are crimes prohibited by the Rome Statute. Attacks against schools, against humanitarian supplies, against humanitarian facilities must cease because the harm that these types of activities are causing are so profound, they go beyond words. And I think that reality deserves us to pause for thought and contemplate the lot of those who are not in rooms or in chambers like this.

This is a moment really, Mr President, where we should really converge the Charter principles, the principles hard won at Nuremberg, the Rome Statute obligations and your own authority as a Council that in 2005 made a determination that these acts represented a threat to international peace and security.

And it applies not only in relation to acts committed in Sudan. Any individual that aids and abets, encourages or directs from outside Sudan, crimes that may be committed in Darfur will also be investigated.

This is a moment that really should cause some clarity in terms of where this is going, in terms of the legal options available, but also in terms of the moral responsibility and the legal responsibilities that we owe to people that feel invisible, that have felt invisible for almost 20 years, and who feel that the law and the pronouncements and resolutions from this Council are not taken seriously, and are not delivered to protect them, to be a shield for them as the Charter requires.

The investigations that we're looking at encompass also many allegations in West Darfur: looting and judicial killings, extrajudicial killings, burnings of homes, and also allegations in North Darfur. 

Now, these allegations I've already mentioned, Your Excellencies, the report of the High Commissioner for Human Rights today, but this also emerges from other sources, such as the UNITAMS report - and I take the opportunity of commending the excellent leadership, the cooperation of Volker Perthes, the SRSG, for their cooperation over this last period.

I've given clear instructions to my Office to prioritise crimes against children and crimes of sexual and gender based violence. And the various reports that we've received, I can't vouch at this juncture for their accuracy. But we are already looking at new, imaginative, innovative ways to verify what is the truth, to subject it to scrutiny. And I've said that during my term as Prosecutor, I will not apply for warrants unless there's a realistic prospect of conviction. But we will ensure, God willing, that justice is not only spoken about in this chamber, but it’s felt to vindicate the rights of civilians and the vulnerable in ways that they have not seen sufficiently in their lived experiences.

Today I can also announce a new public campaign that we've launched, asking and encouraging civilians, members of the different groups, any individual with information to provide it to my Office in a secure channel using the portal that we have set up.

In this critical moment - and I think by any analysis that's the most bland statement we can say - in this critical moment, we need a very honest assessment. This outcome has been staring us in the face. It's been staring this Council in the face. It's been staring Sudan in the face for an awfully long time. 

We could see it coming. The question is what we're going to do about it. 

This reality, the fact that children are rendered orphans, or women are violated, and buildings are burnt, is the result of an unwillingness over a significant period, despite the reports that myself and predecessors have brought before the Council, despite the work of the Office of the High Commissioner, despite the work of different UN organisations and UNITAMS in the more recent past, we haven't given value to the accounts of the lived experiences of so many of our brothers and sisters who are Sudanese and who are Darfuri. 

It stems in my respectful view from a fundamental failure to recognise that justice isn't simply required for upholding normative values and principles of public international law, not even to vindicate essential principles of the Charter, but for all those reasons, all those instruments speak to a fundamental reality that justice has to be and is a foundation for any prospect of sustainable peace and real security and stability. 

It reflects, Mr President, a fundamental disregard and breach of clear, repeated commitments that have been made to the people of Sudan by their governments. And one can go through a whole litany of instruments and promises made but one can simply limit it to two: the unfulfilled Juba peace agreement of 3 October 2020, and the commitments made to myself, to my Office by the government of Sudan by dint of the Memorandum of Understanding signed on 12 August 2021. 

And this compels my Office to look how it can more effectively render justice at this moment in a way that we will not allow any errors of the past, any obstruction, any non-cooperation to sabotage the prospects of justice or to sabotage or render impotent the will of this Council with the heavy responsibilities that are placed in you.

By any measure, a failure to meet international legal obligations and the absence of any meaningful justice in Sudan for the serious crimes committed in Darfur 20 years ago, have sown the seeds to the weeds of woe that is the now the misfortune of so many Darfuris. 

Now, I remain open to engage with all actors to prevent further backsliding into ever deeper violence. I've tried over the last months to engage and we've got messages to the leadership of the different armed groups and government of Sudan and the RSF and I continue to make efforts. 

But any engagement has two key conditions. It's essential that those involved in hostilities recognise, however late in the day, however late in the day, that they have to uphold their obligations under international humanitarian law. There cannot be further excuses and prevarications and justifications for what is intolerable and unjustified and targeting the very, the most vulnerable people of humanity. And it's essential that those involved in hostilities extend genuine communication and genuine meaningful cooperation with my Office, both in relation to the current hostilities that we're investigating and also in respect to the previous crimes committed in Darfur. And we will be redoubling efforts to make sure that we can penetrate any obstruction that we face.

I think as the sky darkens over Darfur and in fact the people of Sudan, we must hold onto the light that justice can bring. Not because of some blind hope or blind faith but steered by determination, focus, and a decision. A decision to change things that we've seen in the past. 

And there has been hope. In the last six months tremendous progress has been made in the ICC case regarding Ali Kushayb (Mr Abd-Al-Rahman), and we've closed our case after presenting 81 witnesses that have been tested by the defence and have been heard by the judges of the ICC. 

That's a key milestone. And I would like to take the opportunity to commend my team, the men and women in my Office that have persevered in very difficult circumstances to discharge their responsibility with honour and with integrity and in an extraordinarily efficient manner. 

And the voice of victims has been heard. Recently, victims called by the legal representatives of the victims have been heard before the Court, and they have been yearning for 20 years for an opportunity to present their views.

And one example, if I may, is worth repeating because it speaks both to their misery of the last 20 years, but also it speaks to what is befalling them now. And the words of one witness, I will repeat with your permission. 

And I quote, he said: “I would like to say that we like justice and we want justice. We want that all those who turned our lives into humiliation and suffering and exhaustion to be held accountable. We want those who destroyed us to be held accountable. These people destroyed our future and the future of our generations. And in this moment, I am presenting to you my voice and the voice of all Darfurian refugees present everywhere around the world. And I would like to tell you that we want peace. We want to return to our homeland. It's enough now.” 

Mr President, how could anybody be more eloquent, sincere, and simple than that individual who spoke understandable truths? He is right: it is enough now by any benchmark and by any metric. 

And the power of that testimony, its tragic relevance today, underlines the fact that the trial of Mr Abd-Al-Rahman, despite all the difficulties, continues to make progress despite the current increased hostilities. And I'm pleased that because of the excellent trial management by the judges of the ICC, this has been the most effective, the most efficient trial in the history of the Court. 

But we've got to make sure that it can come to a conclusion. And I call upon the government of Sudan to join me, to provide every assistance to the defence, every assistance to the legal representatives of the victims, every assistance to the Court so that that trial can come to a final determination after an assessment by the judges of the ICC. 

But we need to show that we're delivering more than words and promises. We need to show demonstrable action. And I've said: this is going to be determined not only by the potency and the effectiveness of investigations, not even by the issuance of arrest warrants if judges of the ICC scrutinise any applications we present and are compelled to issue those warrants. But we need to see actual justice in court to separate truth from fiction and to give confidence to the people of Darfur that their lives mean something at all and that what took place is going to be justiciable.

I have said, Mr. President, repeatedly to this Council, that I do not want these Security Council referrals to be never-ending stories. I have tried to engage with the government of Sudan with roadmaps, with different options to make sure that justice in any forum is delivered in a way that can satisfy the objectives of the Council and the demands of justice.

But if authors are intent on writing further chapters of despair, further pages of misery, we will not close this book. We will keep reading, and we will ensure to the best of our ability that there is justice, that there is accountability. Because if we fail to deliver here, I think the implications are very severe. As we see in other situations, it calls into question the relevance of this Council. 

And I make no apology, Mr President, when I make my final remark. Many actors in this conflict - and I'm a Muslim - many actors in this conflict on both parties proclaim to be Muslims. I recall not only their responsibilities under the Charter, their responsibilities under Resolution 1593, their commitments by Juba, their commitments in the MoU they signed, but also in terms of the religion that they profess to uphold, which is Islam.

And the Holy Quran, Surah An-Nisa, which is Chapter 4, Verse 135, makes it clear, and I quote: “Be upholders of justice and witnesses of truth, even though it be against yourselves or against your parents, or be it against rich or poor. If you distort justice, God Allah Ta'ala, knows that which you do.”

There has to be a day of reckoning in this world. And this is another reason why I encourage each and every person, however high in any party to a conflict, or any civilian, to speak the truth and avail themselves of the opportunity now to take the hand of justice and allow there to be some accountability that has been often promised and has not been delivered by the government of Sudan. I think only if we work in that way of humility will we vindicate the promises we've been making now since 2005. 

Thank you so much.

For further details on "preliminary examinations" and "situations and cases" before the Court, click here, and here.

Source: Office of the Prosecutor | Contact: OTPNewsDesk@icc-cpi.int

View original: https://www.icc-cpi.int/news/statement-icc-prosecutor-karim-khan-kc-united-nations-security-council-situation-darfur-0

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