Showing posts with label UNSC. Show all posts
Showing posts with label UNSC. Show all posts

Tuesday, April 18, 2023

Sudan fighting continues despite ceasefire. 200 killed. Residents trapped at home, low on food, water, meds

NOTE from Sudan Watch Editor: Yellow highlighting in these reports is mine. Also, a report I have added below shows the United Kingdom is the penholder on Sudan; The US is the penholder on South Sudan, Sudan/South Sudan, Sudan sanctions and South Sudan Sanctions (Source here and here).

Here is a general summary of the BBC's live reporting on Sudan today:

Witnesses say ceasefire broken within minutes

Soldiers loot homes in Sudan capital, say witnesses

Aid workers attacked and sexually abused, says UN

Sudan health system at risk of collapse - aid group

Humanitarians are trapped by fighting - MSF

US speaks to Sudan's rival generals

State-owned radio still off air in Sudan

US diplomatic convoy attacked in Sudan - Blinken

Here is a photo taken in Sudan of people leaving the capital in search of safety. 

Read the above reports here: 

https://www.bbc.co.uk/news/live/world-africa-64393826


Here is a full copy of one of the reports:


10:46

State-owned radio still off air in Sudan


BBC Monitoring

The world through its media


The state-owned Sudan Radio - also known as Radio Omdurman - has remained silent since Saturday.


It is unclear why, as this station broadcasts and operates from the same premises as the state TV channel, which resumed broadcasts on Monday morning having been off air for more than 20 hours.


Reels of patriotic music and footage of the army's victories have been played on TV, and in a statement on Facebook the Sudanese army said it had retaken control of the TV premises from the rival Rapid Support Forces (RSF).


State TV also aired a statement by the RSF's spokesman, Naj al-Din Ismael, saying he had defected from the paramilitary group and joined the national army.


Journalists in Sudan have told the BBC as fighting continues there is also a propaganda war between the rival factions of the military, which is largely being fought on social media.


View original here:

https://www.bbc.co.uk/news/live/world-africa-64393826?ns_mchannel=social&ns_source=twitter&ns_campaign=bbc_live&ns_linkname=643e5e44457ab20a78fe5ff2%26State-owned%20radio%20still%20off%20air%20in%20Sudan%262023-04-18T09%3A46%3A29%2B00%3A00&ns_fee=0&pinned_post_locator=urn:asset:a665c275-b32b-407a-b0ed-510f5df0ab8d&pinned_post_asset_id=643e5e44457ab20a78fe5ff2&pinned_post_type=share

_________________________________________________________


Here is a full copy of a report from BBC News online

By Mohamed Osman & Cecilia Macaulay

BBC News, In Khartoum & London

Published Tuesday 18 April 2023 19:24 GMT BST UK

Sudan fighting continues despite ceasefire

Combat around the army HQ goes on as residents hoped for a 24-hour respite to get food and water. 

A fourth day of fighting raged as residents remained trapped in their homes

Fighting is continuing in areas of Sudan's capital, Khartoum, despite a ceasefire due to start at 18:00 local time (16:00 GMT).

In particular the battle has not stopped around the army headquarters, which is in the city centre and is surrounded by residential areas.

Two rival generals at the heart of the conflict had agreed to a 24-hour humanitarian pause to allow civilians to get medical help and supplies.

Residents are low on food and water.

Earlier on Tuesday, a woman living in Khartoum told the BBC that she has no more drinking water left in her home: "This morning we ran out."

Duaa Tariq said only one bottle remained, which was exclusively for her two-year-old child, as her family crammed into a "tiny corridor" to avoid gunfire.

"Most of the people [that] died, died in their houses with random bullets and missiles, so it's better to avoid exposed places in the house" like windows, Ms Tariq said.

Nearly 200 people have been killed in the fighting so far.


Half an hour before the ceasefire was due to start, Khartoum residents were shocked to hear that three children - brothers living in the east of the city - had been killed in a bombardment.


Residents broke their Muslim Ramadan fast just after 18:00 local time to the sound of gunfire, with eyewitnesses in Bahri, in the north of the city, saying aircraft were flying overhead.


Another woman in Khartoum told the BBC that heavy weapons fire continued well after the ceasefire was due to come into effect. She described how earlier in the day she had escaped with her one-year-old child from her home as it was being struck by missiles.


Even if the fighting does die down in the next 24 hours, it is unlikely to be enough time for civilians to seek help, with the Red Cross saying the health system is on the verge of collapse.


The aid group said it has been receiving multiple calls for help from people trapped in their homes in a city that has an estimated population of 10 million residents, with most struggling to cope without electricity.


Fighting has also been taking place elsewhere in Sudan, including in Darfur to the west.


The UN aid chief has warned of reports that say humanitarian workers are being attacked and sexually assaulted.


"This is unacceptable and must stop," Mr Griffith's tweeted, after the time the ceasefire was expected to have been implemented.


The fighting is between army units loyal to the de facto leader, Gen Abdel Fattah al-Burhan, and the RSF, a notorious paramilitary force commanded by Sudan's deputy leader, Mohamed Hamdan Dagalo, better known as Hemedti.


View original including BBC's map showing fighting at key locations in Khartoum city centre and update at 22:19 re-titled 'Hopes crumble for a pause in fighting in Sudan'

https://www.bbc.co.uk/news/world-africa-65317693


[Ends]

__________________________________________


Here is a full copy of a report from What's In Blue 

Insights on the work of the UN Security Council

Published Monday 17 April 2023. 


Sudan: Meeting under “Any Other Business”

Today (17 April), following the closed consultations on Yemen, Security Council members will discuss the situation in Sudan under “any other business”, at the request of the UK (the penholder on the file). Special Representative and head of the UN Integrated Transition Assistance Mission in Sudan (UNITAMS) Volker Perthes is expected to brief.

Perthes is expected to update Council members on the latest developments in Sudan after fighting erupted in the morning of 15 April in and around Khartoum between the Sudanese Armed Forces (SAF), headed by Lieutenant 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, the Deputy Chairman of the Transitional Sovereign Council. According to local media reports, fighting initially erupted in the Soba suburb, south of Khartoum, and then spread to several strategic areas in the capital, including Sudan’s presidential palace, the headquarters of the state television, Khartoum International Airport, and the military’s headquarters.

Multiple media outlets have reported that fighting has continued for the third day today (17 April) between the SAF and RSF in Khartoum and other parts of the country. At the time of writing, the hostilities had reportedly resulted in the deaths of at least 74 civilians and more than 600 injuries. Three World Food Programme (WFP) humanitarian aid workers also lost their lives as a result of the fighting.

The fighting follows months of rising tensions between the SAF and RSF. The two factions had formerly cooperated closely; the RSF participated in the 2019 coup d’état that ousted former President Omar Hassan al-Bashir. After the 2019 coup, Dagalo became the deputy of the Transitional Military Council, which then transferred its powers to the Transitional Sovereign Council. The RSF then also participated in the October 2021 coup, following which the Transitional Sovereign Council seized power.

The tensions between al-Burhan and Dagalo came to a head several weeks ago, owing to disagreements over the final agreement on a political transition, including on key security and military reforms. On 5 December 2022, a broad grouping of Sudan’s civilian political actors and its military leadership signed the Sudan Political Framework Agreement, which is aimed at paving the way for a two-year, civilian-led transition ahead of elections. On 8 January, its signatories launched the final phase of talks aimed at reaching a “final and just” political settlement under the facilitation of the Trilateral Mechanism—comprised of the African Union (AU), the Intergovernmental Authority on Development (IGAD), and UNITAMS. (For background, see our 19 March What’s in Blue story.) The sides were initially expected to sign the final agreement on 1 April, but this was postponed to 6 April.

Afterwards, the signing was postponed indefinitely because of disagreement between Dagalo and al-Burhan over the reintegration of the RSF into the armed forces and their command and control, according to local media reports. In an 8 April statement, UN High Commissioner for Human Rights Volker Türk said that Sudan remains at a “decisive juncture” and that “all efforts must now go to get the political transition back on the right path”. He urged all parties to overcome obstacles on security sector reform and avoid any delays in the signing of the political agreement.

Last week, the SAF began deploying troops inside Khartoum and Merowe town in Northern State. In a 13 April statement, SAF Spokesperson Nabil Abdallah said that the deployment of RSF forces had been done without the approval or coordination of the armed forces and may lead to the collapse of security in the country.

On 15 April, Security Council members issued a press statement expressing deep concern over the clashes between the SAF and RSF and the resulting deaths and injuries. They urged the parties to cease hostilities, to restore calm, and to pursue dialogue in order to resolve the ongoing crisis in the country. Council members stressed the importance of maintaining humanitarian access and ensuring the safety of UN personnel. The statement reaffirmed Council members’ commitment to the unity, sovereignty, independence, and territorial integrity of Sudan.

On 15 April, Secretary-General António Guterres issued a statement that strongly condemned the outbreak of fighting between the SAF and RSF in Sudan. He called on SAF and RSF leaders to immediately cease hostilities, restore calm, and initiate a dialogue to resolve the current crisis in the country. The statement further noted that Guterres is engaging with leaders in the region and called on regional countries to support efforts to restore order and return to the path of transition.

On 16 April, the African Union Peace and Security Council (AUPSC) met to consider the situation in Sudan. In a communiqué adopted following the meeting, the AUPSC strongly condemned the ongoing armed confrontation between the SAF and RSF throughout Sudan. The AUPSC called on both sides to commit to an immediate ceasefire without conditions, to protect civilians, and to provide humanitarian support to civilians. It urged regional countries and other stakeholders to support ongoing efforts to return the country to the transition process aimed at restoring constitutional order. The AUPSC further decided that it will undertake a “field mission” to Sudan to engage with all Sudanese stakeholders on the situation in the country. It requested the Chairperson of the AU Commission, Moussa Faki Mahamat, to continue using his good offices to engage with the parties to facilitate dialogue and a peaceful resolution of the conflict in Sudan.

On 16 April, the IGAD Summit of Heads of State and Government convened for an extraordinary emergency session to discuss the situation in Sudan. During the meeting, IGAD decided to send South Sudanese President Salva Kiir, Ugandan President Yoweri Museveni, Djiboutian President Ismail Omar Guelleh, and Somalian President Hassan Sheikh Mohamud to Sudan “at the earliest possible time” to “reconcile the conflicting groups”.

On 16 April, the SAF and RSF agreed to a proposal, advanced by Perthes and the Trilateral Mechanism, to commit to a three-hour temporary pause in fighting on humanitarian grounds, ending mid-day on 16 April. Media outlets reported that despite the agreement on a pause, heavy fire was heard in central Khartoum.

In a 16 April statement, Guterres condemned the deaths and injuries of civilians and called for those responsible to be held accountable. The statement further noted that the UN and other humanitarian premises had been hit by projectiles and looted in several locations in Darfur. Following the deaths of the WFP workers, WFP Executive Director Cindy McCain issued a statement demanding immediate steps to guarantee the safety of  humanitarian workers in the country. She noted that, in a separate incident, one WFP-managed UN Humanitarian Air Service (UNHAS) aircraft was significantly damaged at Khartoum International Airport during an exchange of gunfire on 15 April. She said that the WFP was halting all its operations in Sudan while the security situation is being reviewed.

View original here: 

https://www.securitycouncilreport.org/whatsinblue/2023/04/sudan-meeting-under-any-other-business-3.php


About What's In Blue
When the Security Council approaches the final stage of negotiation of a draft resolution the text is printed in blue. What's In Blue is a series of insights produced by Security Council Report on evolving Security Council actions. These insights supplement the SCR Monthly Forecasts and other reports and are designed to help interested UN readers keep up with what might soon be “in blue.” Learn more

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Friday, January 21, 2022

FULL TEXT: Resolution 1593 (2005) adopted by the UN Security Council at its meeting on 31 March 2005

NOTE from Sudan Watch Editor: Further to the ICC Prosecutor's two statements on Darfur, Sudan (see below) given to the UN Security Council at a meeting of the Council held in New York on Monday 17 January 2022, here below, for easy reference, is a copy of Resolution 1593 (2005) adopted by the Council at its meeting on 31 March 2005.

Links to a copy of the document in downloadable pdf format and available in several languages can be found at the end of this post. I have used yellow to highlight para 8 referenced in the Prosecutor's 34th report dated 17 January 2022 and in the Council's Resolution 1593 (2005).

Sudan Watch Wed 19 Jan 2022: 

Statement of ICC Prosecutor, Karim A.A. Khan QC, to the United Nations Security Council on the Situation in Darfur, pursuant to Resolution 1593 (2005) https://sudanwatch.blogspot.com/2022/01/statement-of-icc-prosecutor-karim-aa.html

Sudan Watch Thu 20 Jan 2022: 

FULL TEXT: ICC 34th report pursuant to para 8 of UNSC resolution 1593 (2005), 17 January 2022 https://sudanwatch.blogspot.com/2022/01/full-text-icc-34th-report-pursuant-to.html

_______________

United Nations

Security Council 

Distr.: General 31 March 2005

Resolution 1593 (2005)

Adopted by the Security Council at its 5158th meeting, on 31 March 2005

The Security Council,

Taking note of the report of the International Commission of Inquiry on violations of international humanitarian law and human rights law in Darfur (S/2005/60),

Recalling article 16 of the Rome Statute under which no investigation or prosecution may be commenced or proceeded with by the International Criminal Court for a period of 12 months after a Security Council request to that effect,

Also recalling articles 75 and 79 of the Rome Statute and encouraging States to contribute to the ICC Trust Fund for Victims,

Taking note of the existence of agreements referred to in Article 98-2 of the Rome Statute,

Determining that the situation in Sudan continues to constitute a threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations,
1. Decides to refer the situation in Darfur since 1 July 2002 to the
Prosecutor of the International Criminal Court;

2. Decides that the Government of Sudan and all other parties to the conflict in Darfur, shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to this resolution and, while recognizing that States not party to the Rome Statute have no obligation under the Statute, urges all States and concerned regional and other international organizations to cooperate fully;

3. Invites the Court and the African Union to discuss practical arrangements that will facilitate the work of the Prosecutor and of the Court, including the possibility of conducting proceedings in the region, which would contribute to regional efforts in the fight against impunity;

4. Also encourages the Court, as appropriate and in accordance with the Rome Statute, to support international cooperation with domestic efforts to promote the rule of law, protect human rights and combat impunity in Darfur;

5. Also emphasizes the need to promote healing and reconciliation and encourages in this respect the creation of institutions, involving all sectors of Sudanese society, such as truth and/or reconciliation commissions, in order to complement judicial processes and thereby reinforce the efforts to restore long- lasting peace, with African Union and international support as necessary;

6. Decides that nationals, current or former officials or personnel from a contributing State outside Sudan which is not a party to the Rome Statute of the International Criminal Court shall be subject to the exclusive jurisdiction of that contributing State for all alleged acts or omissions arising out of or related to operations in Sudan established or authorized by the Council or the African Union, unless such exclusive jurisdiction has been expressly waived by that contributing State;

7. Recognizes that none of the expenses incurred in connection with the referral including expenses related to investigations or prosecutions in connection with that referral, shall be borne by the United Nations and that such costs shall be borne by the parties to the Rome Statute and those States that wish to contribute voluntarily;

8. Invites the Prosecutor to address the Council within three months of the date of adoption of this resolution and every six months thereafter on actions taken pursuant to this resolution;

9. Decides to remain seized of the matter.

_______________

Source: United Nations.org

View the original document in downloadable pdf format here:

English

https://documents-dds-ny.un.org/doc/UNDOC/GEN/N05/292/73/PDF/N0529273.pdf

Arabic

https://documents-dds-ny.un.org/doc/UNDOC/GEN/N05/292/71/PDF/N0529271.pdf


中文

https://documents-dds-ny.un.org/doc/UNDOC/GEN/N05/292/72/PDF/N0529272.pdf


Francais

https://documents-dds-ny.un.org/doc/UNDOC/GEN/N05/292/74/PDF/N0529274.pdf


Русский

https://documents-dds-ny.un.org/doc/UNDOC/GEN/N05/292/75/PDF/N0529275.pdf


Espanol

https://documents-dds-ny.un.org/doc/UNDOC/GEN/N05/292/76/PDF/N0529276.pdf

Wednesday, January 19, 2022

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

Statement : 17 January 2022

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

Thirty-Fourth report: EN | FR | Arabic


Madam President, your Excellency,
Distinguished members of the Council,

1. Firstly may I congratulate Norway for its presidency of the Council this month. It is a real honour to have the opportunity in this new year to present the 34th report of the Prosecutor of the ICC in relation to the Darfur situation in Sudan, pursuant to Resolution 1593 that the Council passed of course in 2005. Despite the strictures of COVID and the wearing of masks, it is wonderful even with these constraints to be here in person.

2. I would like to begin Madam President, if I may, by recalling what I said when I was meeting with Darfur survivors and victims, when I was in Khartoum on the 17th of August last year. I convened a meeting with Darfur civil society. Many individuals have been struggling for almost two decades for something that should be simple but seems extremely complex, namely justice, a modicum of accountability that underlines the fact that every life matters. They have struggled and they have shown perseverance, in relation to crimes that have unfortunately characterised a generation at least of men, women and children. It was that suffering that led this Council to use its Chapter VII powers in 2005 and refer the situation to the ICC. I share the frustrations, the impatience and the hopes of those survivors that that singular moment, the first referral by the Council to the ICC, will reap dividends. Expectations are not unreasonable, it is simply that there should be some justice.

3. The victims, the survivors, the people of Darfur have shown that persistence, but it is important, as I said in my interactions with Sudanese government members, that this referral cannot be a never-ending story. It cannot be. We are approaching middle age: 34 reports. We need collectively to do better – my Office of course, but also this Council – to make sure the promise and the purpose of the referral is wedded with concrete action. There is sign for hope, and there has been progress notwithstanding difficulties that remain. In July of this year, all 31 charges relating to a notorious Janjaweed leader, Ali Kushayb, were confirmed and the trial has been set down to start on the 5th of April of this year. The charges include war crimes, crimes against humanity, murder, rape, torture, attacks against the civilian population in Wadi Salih and Mukjar. That's an important moment. This year in just three months' time, the promise of the Council will start being demonstrated in action by the allegations that the Office have proffered, being placed before independent and impartial judges.

4. At the same time, outreach is important. And also I am hoping to work with the Registry of the Court to make sure there is an organised and effective outreach program so that Sudanese people in Sudan, in Darfur or outside can follow the proceedings because they have a right to know what happened, and they have a right to see the truth. But the Ali Kushayb case is one case; there are of course four warrants outstanding: The case against former President Omar al-Bashir; the case against the former Minister of Interior, Abdul Raheem Mohammad Hussein; the former Governor of South Kordofan, Ahmad Harun; and the case against the former JEM rebel Commander Abdullah Banda. In relation to Abdullah Banda, I recused myself from that case and that case is being supervised directly by the Deputy Prosecutor.

5. It is important, as I said in relation to my Libya briefing in December, that during my term I wish to prioritise cases that have been referred by the Council. And I started that in the Sudan situation by conducting a review of the evidence to look at the strength of those cases. And I also ensured additional resources are brought into that case so that we can hopefully be more effective. But the reality is this: that for a variety of reasons over the last 17 years, including the non-cooperation of the government of Sudan by the previous administrations, there were no field investigations in the country. And my predecessor hibernated for a long period this situation so that investigations did not mature. As a result, I realised that the evidence particularly against Mr al-Bashir and Mr Hussein needs strengthening. I am satisfied with the strength of the evidence regarding Ali Kushayb but in relation to those two cases I have mentioned, we need to make sure we do better. And that requires cooperation from Sudan. It requires assistance from Sudan and it also requires cooperation, collaboration from members of this Council and member states of the United Nations.

6. In that evidential landscape I have given more resources to the team, put more investigators on the case, also people with Arabic language skills as well. And immediately in August, two months after my term commenced, I went to Sudan to speak to the government, realising the importance of cooperation. That brought tangible results, because for the first time, we concluded a memorandum of understanding, not only in relation to Ali Kushayb, but in relation to all four of the cases for whom judges of the ICC have issued warrants. I also appointed a pro bono special adviser to focus exclusively on the Darfur situation so we can move together, get cooperation to a greater extent and that is Ms Amal Clooney. And again, this is evidence of my intent not just to say I am prioritising Security Council referrals but to make sure that the resources that are needed are put into that case.

7. During my trip to Khartoum in August, we had some constructive meetings. I met with General al-Burhan of the Sovereignty Council, then Prime Minister Hamdok and Foreign Minister and Minister of Justice. We also met UNITAMS' SRFS Volker Perthes and members of the international community. And in this, I also underlined a new approach: it is not – and this is the beautiful thing about the law, there are many different solutions to one fundamental problem – it is not the location of trial or even the forum of adjudication that is critical. What is critical are independent and impartial investigations, independent and impartial adjudications, and then the rule of law that should triumph so victims can move forward, realising that everything has been done to try to ensure justice. And I emphasised to the government members that I would be willing to use the full panoply of options that are entwined in the Rome Statute to try to make sure that we can work together and forge better bonds so that this chapter could be closed. But the simple issue is this: if we don't accelerate cooperation between the government of Sudan and my Office, investigations will keep continuing.

8. If we are to carve out a road map for the completion of this situation in the way that I believe the Council wants, that the victims want, the way to do it is to accelerate, to inject more cooperation and assistance within the Office. And if that is done, I think we can move forward in an effective way.

9. On the 25th of October, of course the landscape changed and that has not been particularly helpful. In my meetings in August, not only was the Memorandum of Understanding (MoU) signed, there had been commitments by the government to sign the Rome Statute, there had been commitments to work more closely with my Office, and there had been the agreement to help ensure a permanent field presence of the Office of the Prosecutor in Khartoum. But the hiatus from the 25th of October has meant that we have lost focal points. We are trying to catch up. We had to for a couple of months – in fact, until now – we had to suspend active investigations. And so this was a very troublesome or concerning turn of events. The upside is that just before Christmas, my team went to Khartoum again. They spoke to General al-Burhan and General al-Burhan reassured members of my Office that the MoU was still valid, that he was looking at cooperating and he said, on more than one occasion to me directly and to the team in December, that it was essential to have justice for the victims in Darfur. The challenge now collectively, for all of us, is to make sure those assurances are translated into concrete tangible partnerships and accountability.

10. This is a delicate stage of course in the transition in Sudan, but I would underline again the only option for us to move forward and close this situation or find a pathway towards closure is accelerating cooperation. I mentioned this on Friday with the distinguished representative of Sudan, Ambassador Elbahi. And I also emphasised that these cases are not against Sudan. Sudan is a partner, not an adversary. They are against individuals for whom the evidence discloses their responsibility in relation to crimes within the jurisdiction of the Court. We do need safe and secure access to Sudan. We need safe and secure access to the archives. We need to be able to look at where the mass graves are and we need to be able to go to all parts of Sudan and work independently. This is required not just by the MoU that was signed in August of last year, it is not only required by Resolution 1593, it is also required by the Juba Peace Agreement. So there is this tripartite tiers of responsibilities, of commitments, that I hope very much the Sudan will honour and work with us more closely.

11. Cooperation from outside of Sudan is also critically important, and we have had fantastic support from the European Union, from African States, from other countries, including Norway, the United Kingdom, the United States of America and the People's Republic of China. Really, this is an area, if we are to close this chapter and allow Sudan to move forward, there can be no passive spectators, we have to help the Sudanese people get what they deserve, which is justice and closure. I hope to go again to Sudan in the next period, in the next few months, I hope around April time. Hopefully I have been promised that will be facilitated, including going to Darfur, speaking to some of the survivors and victims and displaced people there. I am ready to try to build an acceleration in the work across the cases that are before the Court.

12. I do want, Madam President, with your leave, to speak directly to those victims, to underline during my term that we have an unwavering commitment to ensure that the intention of this Council in the landmark decision of 2005 is honoured and respected. That we can have proper rigorous investigations to put before judges what the truth of the matter is. And in my view, and I'll be quite candid about the state of the evidence but I'll also be quite candid about one simple truth: Sudan runs the risk of always being defined by the past conduct, by the events that compelled this Security Council to act in 2005 until and unless we get justice. If we work together, if we work in partnerships, the Office of the Prosecutor, the government of Sudan, this Council, member states, we can close this chapter. And if we close that chapter, I believe unencumbered and relieved by some of the burdens of the past, by ensuring justice, Sudan will have every possibility to do something which every Council member wants, which is to write a new chapter so it can march forward to a better and more prosperous and safer future. So thank you so much for your time and this is my report.

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

View original: https://www.icc-cpi.int/Pages/item.aspx?name=220117-otp-statement-unsc-darfur

View video: https://media.un.org/en/asset/k1j/k1jms0qgvt

ICC Prosecutor briefs UNSC on Darfur, Sudan

NOTE from Sudan Watch editor: I have typed this near verbatim transcript of a briefing on Darfur given by ICC Prosecutor Khan at a meeting of the UN Security Council held in New York 17 Jan 2022. The meeting was live streamed by UN Web TV. The briefing can be viewed via a link at the end of this post. 


Photo: ICC Prosecutor Karim Asad Ahmad Khan QC briefing UNSC 17 Jan 2022 (Photo credit: UN)


17 January 2022


Madam President,


Firstly may I congratulate Norway for its presidency of the Council this month. It is a real honour to have the opportunity in this new year to present the 34th report of the Prosecutor of the ICC in relation to the Darfur Situation in Sudan pursuant to Resolution 1593 that the Council passed of course in 2005.


Despite the strictures of Covid and the wearing of masks, it is wonderful even with these constraints, to be here in person. 


I would like to begin Madam President if I may by recalling what I said when I was meeting with Darfur survivors and victims when I was in Khartoum on the 17th of August last year. 


I convened a meeting with Darfur civil society. Many individuals have been struggling for almost two decades for something that should be simple but seems extremely complex, namely justice, a modicum of accountability that underlines the fact that every life matters. 


They have struggled and they have shown perseverance in relation to crimes that have unfortunately characterised a generation, at least of men, women and children. It was that suffering that led this council to use its Chapter 7 powers in 2005 and refer the Situation to the ICC. 


I share the frustrations, the impatience and the hopes of those survivors but that singular moment the first referred by the Council to the International Criminal Court would reap dividends. Expectations are not unreasonable, it is simply that there should be some justice.


The victims, the survivors, the people of Darfur, have shown that persistence but it is important as I said in my interactions with Sudanese government members that this referral cannot be a never-ending story. It can’t be, we are approaching middle age, 34 reports. We need collectively to do better, my Office of course but also this Council to make sure the promise and the purpose of the referral is wedded with concrete action. There is signs for hope and there has been progress notwithstanding difficulties that remain. 


In July of this year all 31 charges relating to a notorious Janjaweed leader Ali Kushayb were confirmed and a trial has been set down to start on the 5th of April of this year. The charges include war crimes, crimes against humanity, murder, rape, torture, attacks against the civilian population in Wadi Salih and Mukjar. That’s an important moment. 


This year, in just three months time, the promise of the Council will start being demonstrated in action by the allegations of the Office of the preferred being placed before independent and impartial judges. 


At the same time outreach is important and also I am hoping to work with the Registry of the Court to make sure there is an organised and effective outreach programme so that Sudanese people in Sudan, in Darfur, outside, can follow the proceedings because they have a right to know what happened and they have a right to see the truth.


But Ali Kushayb case is one case. There are of course four warrants outstanding: the case against former president Omar Al Bashir, the case against the former Minister of Interior Abdel Raheem Muhammad Hussein, the former Governor of South Kordofan Ahmad Harun and the case against the former jan..rebel commander Abdallah Banda. In relation to Abdallah Banda I recuse myself from that case and that case is being supervised directly by the Deputy Prosecutor.


It’s important as I said in relation to my Libya briefing in December that during my term I wish to prioritise cases that have been referred by the Council and I started that in the Sudan Situation by conducting a review of the evidence to look at the strength of those cases and I also ensured additional resources are brought into that case so that we can hopefully be more effective.


But the reality of this is, that for a variety of reasons over the last seventeen years, including the non cooperation of the Government of Sudan by the previous administrations, there were not field investigations in the country and my predecessor hibernated for a long period this Situation so that investigations did not mature. As a result I realise that the evidence particularly against Omar al-Bashir and Mr Hussein need strengthening. 


I am satisfied with the strength of the evidence regarding Ali Kushayb but in relation to two cases I’ve mentioned we need to make sure we do better and that requires cooperation from Sudan. It requires Assistance from Sudan and it also requires cooperation, collaboration from members of this Council and member States of the United Nations.


I have realising the evidential landscape, I have given more resources to the team, put more investigators on the case, also people with Arabic language skills as well, and immediately in August, two months after my term commenced, I went to Sudan to speak to the Government realising the importance of cooperation. That brought tangible results because for the first time we concluded a Memorandum of Understanding not only in relation to Ali Kushayb but in relation to all four of the cases for whom Judges of the ICC have issued have Warrants.


I also appointed a pro bono Special Adviser to focus exclusively on the Darfur Situation so we can move together, get cooperation to a greater extent and that is Ms Amal Clooney. And again this is evidence of my intent not just to [...?] prioritising Security Council referrals but to make sure the resources that are needed are put into that case.


In my trip to Khartoum we had some, in August, we had some constructive meetings. I met with General al-Burhan of the Sovereignty Council and Prime Minister Hamdok and Foreign Minister and Minister of Justice. We also met UNITAMS [...?] Volker Perthes and members of the international community. 


And in this I also underlined a new approach, it’s not, and this is the beautiful thing about the law, there is many different solutions to one fundamental problem. It’s not the location of trial or even the forum of adjudication that is critical, what is critical are independent and impartial investigations, independent and impartial adjudications, and then the rule of law that should triumph so victims can move forward realising that everything has been done to try to ensure justice.


And I emphasised to the Government members that I would be willing to use the full panoply of options that are enshrined in the Rome Statute to ensure that we can work together and forge better bonds so this chapter could be closed.


The simple issue is this. If we don’t accelerate cooperation between the Government of Sudan and my Office, investigations will keep continuing.


If we are to carve out a Road Map for the completion of this Situation in the way that I believe the Council wants, that the victims want, the way to do it is to accelerate to inject more cooperation and Assistance within the Office and if that is done I think we can move forward in an effective way.


On the 25th of October of course the landscape changed and that has not been particularly helpful. In my meetings in August not only was the MoU signed, there had been commitments by the Government to sign the Rome Statute, there had been commitments to work more closely with my Office and there had been the agreement to help ensure a permanent field presence of the Office of the Prosecutor in Khartoum.


But the hiatus from 25th October has meant we have lost focal points, we’re trying to catch up. We had to for a couple of months, in fact until now, we had to suspend active investigations and so this was a very troublesome, concerning turn of events.


The upside is that just before Christmas my team went to Khartoum again, they spoke to General Burhan, and General Burhan reassured members of my Office that the MoU was still valid, that he was looking at cooperating and he said on more than one occasion to me directly and to the team in December that it was essential to have justice for the victims in Darfur. 


The challenge now collectively for all of us is to make sure those assurances are translated into concrete tangible partnerships and accountabilities. This is a delicate stage of course in the transition in Sudan but I would underline again the only option for us to move forward and close this Situation or find a pathway towards closure is accelerating cooperation.


I mentioned this on Friday with the distinguished Representative of Sudan, Ambassador Al-Bahi [Ed: fact-check name/spelling] and I also emphasised that these cases are not against Sudan, Sudan is a partner not an adversary, they are against individuals for whom the evidence discloses their responsibility in relation to crimes within the jurisdiction of the Court. 


We do need safe and secure access to Sudan, we need safe and secure access to the archives, we need to be able to look at where the mass graves are, and we need to be able to go to all parts of Sudan and work independently. This is required not just by the Memorandum of Understanding that was signed in August of last year, it is not only required by Resolution 1593, it is also required by the Juba Peace Agreement. So there is this tripartite tiers of responsibilities of commitments that I hope very much Sudan will honour and work with us more closely.


Cooperation from outside of Sudan is also critically important and we’ve had fantastic support from the European Union, from countries, the African States, from Norway, the United Kingdom, the United States of America, and the People’s Republic of China.


Really, this is an area to close this chapter and allow Sudan to move forward there can be no passive spectators, we have to help the Sudanese people get what they deserve which is justice and closure.


I hope to go again to Sudan in the next period, in the next few months, I hope around April time, hopefully, I have been promised that will be facilitated including going to Darfur, speaking to some of the survivors and victims and displaced people there and really try to build an acceleration in the work across the cases that are before the Court.


I do want, Madam President with your leave, to speak directly to those victims to underline during my term that we have an unwavering commitment to ensure that the intention of this Council and the landmark decision of 2005 is honoured and respected and so that we can have proper rigorous investigations so we are able to put before Judges what the truth of the matter is.


And in my view, I’ll be quite candid about the state of evidence, I’ll also be quite candid about one simple truth: Sudan runs the risk of always being defined by the past conduct by the events that compelled this Security Council to act in 2005 until and unless we get justice.


If we work together, if we work in partnerships, the Office of the Prosecutor, the Government of Sudan, this Council’s member States, we can close this chapter. And if we close that chapter I believe, unencumbered and relieved by some of the burdens of the past by ensuring justice, Sudan will have every possibility to do something which every Council member wants which is to write a new chapter so it can march forward to a better and more prosperous and safer future.


Thank you so much for your time, and this is my report.


View original video at the website of the United Nations Web TV here: https://media.un.org/en/asset/k1j/k1jms0qgvt