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

Sudan: ICC Prosecutor briefs UNSC on Darfur 17 Jan

HERE is a full copy of What's in Blue report dated Tue 11 Jan 2022. Note that Sudan's Prime Minister Hamdok resigned on 2 Jan. The UN Security Council will receive the semi-annual briefing of the ICC Prosecutor on Darfur on 17 Jan. The following meeting was requested by the UK, the penholder on Sudan. 

Sudan: Meeting under “Any Other Business”

Tomorrow (12 January), following the open briefing and closed consultations on Yemen, Security Council members will discuss the situation in Sudan under “any other business”. The meeting was requested by the UK (the penholder on Sudan), together with Albania, France, Ireland, Mexico, Norway, and the US. Special Representative for Sudan and head of the UN Integrated Transition Assistance Mission in Sudan (UNITAMS) Volker Perthes is expected to brief.

Perthes is expected to update members on the latest developments in the ongoing political crisis in Sudan following the military coup d’état of 25 October 2021, particularly in light of Prime Minister Abdalla Hamdok’s resignation on 2 January. Perthes last briefed the Council on 10 December 2021 (S/PV.8925) on the Secretary-General’s most recent 90-day report on UNITAMS (S/2021/1008). (For background, see our What’s in Blue story from 9 December 2021.)

Hamdok announced that he is stepping down in a televised address, during which he referred to failed mediation attempts between civilian and military leaders and said that the country is at a “dangerous turning point that threatens its whole survival”. His resignation came against the backdrop of ongoing widespread protests in the country against the 25 October 2021 coup and the subsequent power-sharing agreement between the civilian and military entities announced on 21 November 2021, which included Hamdok’s reinstatement as prime minister. Several parties have rejected the agreement, including the main opposition alliance, the Forces for Freedom and Change Coalition (FFC).

The crackdown on protestors since 25 October 2021 is another area of immediate concern for Council members. As at 9 January, according to the medical group Central Committee of Sudan Doctors, 62 people have been killed and hundreds have been injured during protests involving the excessive use of force by security forces since 25 October 2021. Some Council members may emphasise the need to conduct timely investigations into casualties during the demonstrations and the importance of accountability for this violence.

Secretary-General António Guterres took note of Hamdok’s resignation in a 3 January statement and expressed regret that “a political understanding on the way forward is not in place despite the gravity of the situation in Sudan”. He also condemned the “continued violence targeting protestors”. In a 4 January statement, the Troika on Sudan (Norway, the UK and the US) and the EU emphasised that “Sudanese stakeholders will need to work on the basis of the 2019 Constitutional Declaration on how to overcome the nation’s current political crisis, select new civilian leadership, and identify clear timelines and processes for the remaining transitional tasks – including establishing the legislative and judicial branches of government, creating accountability mechanisms, and laying the groundwork for elections”. The statement urged “stakeholders to commit to an immediate, Sudanese-led and internationally facilitated dialogue” and said that the killing and injuring of protestors “is unacceptable”, while calling for independent investigations and accountability for perpetrators. The statement was reportedly rejected by the military.

At tomorrow’s meeting, Council members will be interested in hearing more from Perthes on the role of UNITAMS, particularly regarding the “UN-facilitated intra-Sudanese political process” announced by Perthes in an 8 January statement. The political process is “aimed at supporting Sudanese stakeholders in agreeing on a way out of the current political crisis and agree[ing] on a sustainable path forward towards democracy and peace”, according to the statement. Noting that “measures taken to date have not succeeded in restoring the course of this transformation”, the statement says that “all key civilian and military stakeholders, including armed movements, political parties, civil society, women’s groups, and resistance committees will be invited to participate”.

The 8 January announcement about the UN-facilitated process followed international pressure to find a way forward in resolving the political crisis. The announcement was welcomed in a statement by the Quad on Sudan (Saudi Arabia, the United Arab Emirates, the UK and the US), which expressed “strong support for the “UN-facilitated, Sudanese-led dialogue initiative”.

In a 10 January press briefing, Perthes announced the commencement of consultations on the way forward and provided further details, emphasising that the UN would play a facilitation role in the process, which will be Sudanese-led. Council members will likely seek further details on the next steps in this process, including an assessment of the various stakeholders’ willingness to participate. According to media reports, the Sudanese Professionals Association—an umbrella association of several trade unions—rejected participation in the initiative, while the FFC said that they would announce a position when further details are available. The military-led Transitional Sovereign Council reportedly welcomed the announcement of the UN-facilitated process, while also calling for AU involvement. (On 26 October 2021, the AU Peace and Security Council (PSC) adopted a communiqué suspending Sudan from the AU “until the effective restoration of the civilian-led Transitional Authority”. The AU PSC decided, according to a 24 November 2021 communiqué, to “promptly dispatch a mission to Sudan”, which has yet to take place.)

In addition to political developments, members may want to hear more about the situation in Darfur, including after looting and attacks against UN facilities, equipment and supplies which took place during December 2021. On 24 December 2021, there was looting and violence at the former UN/AU Hybrid Operation in Darfur (UNAMID) base in El Fasher, North Darfur, which was handed over to local Sudanese authorities three days earlier. On 28 December 2021, a World Food Programme warehouse in El Fasher was attacked by unknown armed groups. Over 1,900 metric tons of food commodities meant to feed 730,000 vulnerable people were stolen, according to the Secretary-General’s spokesperson.

Looking ahead, the Council will receive the semi-annual briefing of the ICC Prosecutor on Darfur on 17 January.

View original: https://www.securitycouncilreport.org/whatsinblue/2022/01/sudan-meeting-under-any-other-business.php

ICC Chief Prosecutor to brief UNSC on Darfur, Sudan

Photo: ICC Prosecutor Mr Karim Asad Ahmad Khan QC. Courtesy of the ICC © ICC-CPI

HERE below is a full copy of a report by What's in Blue dated 28 December 2021 confirming that next month the Chief Prosecutor of the International Criminal Court (ICC) in The Hague, Netherlands, Mr Karim Asad Ahmad Khan, will give his very first briefing to the United Nations Security Council (UNSC) on the ICC's Darfur-related activities.

Note, according to Wikipedia, 51-year-old Scottish-born Mr Karim Asad Ahmad Khan QC (pictured here taking his solemn oath as ICC Prosecutor on 16 June 2021) is a British lawyer and a specialist in international criminal law and international human rights law. 

Following his appointment by United Nations Secretary-General António Guterres, he was, until 2021, an Assistant Secretary-General of the United Nations and served as the Special Adviser and Head of the UN Investigative Team for the Promotion of Accountability for Crimes Committed by Da'esh/ISIL in Iraq, which was established pursuant to Security Council Resolution 2379 to support domestic efforts to hold ISIL accountable for acts that may amount to war crimes, genocide, and crimes against humanity in Iraq.

January 2022 Monthly Forecast

Sudan (Darfur)

Expected Council Action

In January, the Security Council is expected to receive the semi-annual briefing of the ICC Prosecutor on Darfur. Karim Asad Ahmad Khan, who began serving as ICC Prosecutor in mid-June 2021, will provide his first briefing to the Council on the ICC’s Darfur-related activities.

Key Recent Developments 

On 9 June 2021, in her final briefing to the Council as ICC prosecutor, Fatou Bensouda referred to the “constructive dialogue and a good spirit of cooperation” that her office had developed with the transitional government in Sudan. She spoke about her visit to Darfur the previous week and stated: “The clear and consistent message I received from Darfur victims in El Fasher, Nyala and Zalingei is that the four outstanding warrants must be executed and that suspects must be handed over to the ICC.” (ICC arrest warrants remain outstanding against former President Omar Hassan Ahmad Al Bashir, Ahmad Muhammad Harun, Abdel Raheem Muhammad Hussein, and Abdallah Banda Abakaer Nourain.) Bensouda had stressed this same message to government officials at all levels during her visit to the country, she said, and called for Sudan “to fully cooperate with the Office’s investigations, including by providing unhindered access to its territory and to the relevant records, information and materials, as well as the protection of witnesses”.

The ICC’s Pre-Trial Chamber II confirmed charges of war crimes and crimes against humanity against Ali Muhammad Abd-Al-Rahman (also known as Ali Kushayb) on 9 July 2021. Abd-Al-Rahman, reportedly a former Janjaweed militia leader who is alleged to have committed these crimes in Darfur in 2003 and 2004, surrendered in the Central Africa Republic in June 2020. His trial is expected to begin in April 2022.

Khan visited Sudan from 9-13 August 2021, meeting with senior members of the transitional government—including Chairperson of the Transitional Sovereign Council Lieutenant General Abdel Fattah al-Burhan, and Prime Minister Abdalla Hamdok, among others—and civil society representatives.  In a press conference in Khartoum on 12 August, he said that he had “stressed and requested that the Government of Sudan further deepen its cooperation with [his] office”. He further underscored that: “Transfer of any suspect is an important step towards achieving justice but should be preceded and accompanied by substantive and ever deepening cooperation by the Sudanese authorities”.

Also on 12 August, Sudanese Foreign Minister Mariam al-Mahdi reportedly told Sudan state media that Sudan “would hand over wanted officials to the ICC”.  At the time of writing, this had yet to occur.

On 14 December, some seven weeks after the military takeover in Sudan, an ICC delegation met in Khartoum with Malik Agar and Tahir Hajar, two former rebels who now serve on the transitional government’s Sovereign Council. Media sources indicate that the discussion focused on preparations for another visit to Sudan by Khan and the potential handover of former Sudanese officials wanted by the ICC to The Hague.

Sudan has undergone considerable political turmoil in recent months. On 25 October, the Chairperson of the Transitional Sovereign Council, Lieutenant General Abdel Fattah al-Burhan, declared a nationwide state of emergency and the suspension of key provisions of the August 2019 Constitutional Document, including the transfer of the Sovereign Council chair from the military to the civilian government, which was set to take place in November. He also announced that the military would oversee Sudan’s transition until elections, to be held in July 2023. The military detained Prime Minister Abdalla Hamdok and his wife and placed them under house arrest. Government officials, including ministers and civilian members of the Sovereign Council, were also arrested.

On 21 November, Hamdok was released from house arrest, following significant international criticism and mass demonstrations in Sudan against the military takeover, which were met with violence by security forces. Appearing together on television, he and al-Burhan announced a new 14-point power-sharing agreement, including Hamdok’s reinstatement as prime minister, and the release of all political detainees. Under the terms of the agreement, the parties decided to “[a]ccelerate the completion of all transitional governance institutions including the Transitional Legislative Council and the Constitutional Court”, to form “a civilian government of independent national experts (technocrats)”, and to investigate injuries and deaths during the protests following the 25 October military takeover.

The power-sharing agreement has faced opposition in Sudan. Several parties have rejected the agreement, including the main opposition alliance, the Forces for Freedom and Change Coalition (FFC). Large protests against the 25 October military takeover and the subsequent power-sharing agreement erupted in several cities in Sudan, including in the capital, Khartoum, at various times in December.

Key Issues and Options 

An underlying key issue for the Council is how to promote justice and accountability for past atrocities committed in Sudan.  A related issue for the Council is how to support enhanced cooperation between the ICC prosecutor and the government of Sudan.

In addition to receiving Khan’s briefing, Council members supportive of the ICC’s work could consider holding an informal meeting with the prosecutor to facilitate a dialogue on ways in which his office can strengthen its cooperation with the Sudanese government.

They could also hold a joint press stakeout encouraging improved relations between the Sudanese government and the ICC.

Council and Wider Dynamics

The Council is divided on the work of the ICC.  Albania, Brazil, France, Gabon, Ghana, Kenya, Ireland, Mexico, Norway, and the United Kingdom are states party to the Rome Statute of the ICC, while China, India, Russia, the UAE, and the US are not. These distinctions do not necessarily reflect how members view the court’s work on Sudan, however. For example, although not a party to the Rome Statute, the US has long supported the ICC’s efforts with regard to Sudan.

Among the wider membership of the UN, African countries have long expressed concern that the court focuses its work inordinately on Africa.

View original: https://www.securitycouncilreport.org/monthly-forecast/2022-01/sudan-darfur-12.php?

URGENT MESSAGE TO ICC: Sudan’s Dagalo, Burhan, Bashir must be tried for alleged war crimes - Ethiopia’s war triggers fears in Kenya, South Sudan

NOTE from Sudan Watch Editor: After 18 years of gathering news on Sudan and South Sudan for documenting at this site, the below copied report by Al Jazeera.com is, to me, the last straw. I'm shocked that on Fri, 26 Nov. 2021 Al Jazeera decided to publish the report containing its exclusive interview with Gen Dagalo aka Hemeti, deputy of military coup leader Gen Burhan.

Something seems to have changed at Al Jazeera. A recent news report at its website showed a video of a man talking (probably Sudanese Prime Minister Hamdok, I can't recall). The video's audio consisted of a male narrator seemingly providing, in English, an interpretation of what was being said by the man on film. There were no subtitles showing what the man on film was saying. Also, in that report (or another video report on Sudan) Al Jazeera used sinister, anxiety provoking music in the background, like the beating of an electronic war drum. To my ears the music and beat sounded Arabic.

My point is, after 18 years - and after seeing Aljazeera's interview with Hemeti (see link below) and noting its date - I believe the time has now come for Messrs Dagalo, Burhan and Bashir to be put on trial by the International Criminal Court (ICC) as soon as humanly possible. There is no time to waste.

In the interview, Hemeti shows his true colours for all to see by wearing civilian clothing: a dark navy blue suit and tie, white shirt, black footwear, a small enamel Sudanese flag on his lapel in an effort to appear worldly and presidential. Surely, the interview is evidence of Hemeti's intention to preside over Sudan even if it's not what the people want or in the best interest of the country. The people of Sudan want civilian, not military rule. If memory serves, former Sudanese President Bashir fondly nicknamed Dagalo "Hemeti" his little boy, the son he never had. Hemeti is Bashir's heir. 

Reportedly, an editor at Al Jazeera was recently arrested by the junta and released soon after. Who knows whether Al Jazeera was forced into doing the interview to include in a news report at its website as a condition of the editors’s safety and release. I wonder how the interview came about and when and where it took place. I have not seen much publicity about the film.

I have no doubt that Al Jazeera accurately quoted Hemeti in its report and that the timing of its publication and interview is an attempt by Hemeti to reduce the power, support and popularity of PM Hamdok in order to justify the coup and frame Hamdok as a complicit participant in it for personal gain.

Here at Sudan Watch there is a copy of a recent news report by AP featuring one of PM Hamdok's former colleagues recently released from detention who said they felt a coup could happen but didn't know when. 

This is the exact quote: "Faisal Saleh, an advisor to Prime Minister Abdallah Hamdok, told The Associated Press that security forces took him blindfolded from his home in the early hours of Oct. 25. “We were expecting that there was a military coup coming," said Saleh, who also served as minister of information from 2019 until earlier this year. ”We just didn't know how or when it would take place." 

Aljazeera's interview with Hemeti catches him red handed on film working against Sudan blatantly risking its destabilisation and causing suffering to its people again. He's poorly educated, dim witted and doesn't understand English. He's so ruthless and cruel he could be a psychopath. For him to be in charge of Sudan would be a disaster. It'd plunge the country back into the dark ages upending millions of Sudanese lives.

Nowadays, wars like the current one between the US and China need not be conducted in the old ways of the past. They can be a war of words and cyber attacks. The pen is mightier than the sword. Note the tags at the end of this post and the one labelled '51 names for ICC’. 

Right now, the world is in a precarious state. Russia is agitating to undermine the west. Ethiopia is suffering war (see maps below). France and others and the UN have advised their people in Ethiopia to leave. 

I've waited 18 years for the time to be right for Messrs Bashir, Burhan, Dagalo to be tried by the ICC. The people of Sudan deserve to see justice served and to know that anyone suspected of a crime can be apprehended and tried fairly in a court and treated as innocent until proven guilty.

If a suspected criminal is innocent, they’d have nothing to fear. They'd be fairly treated and released if found innocent. The people of Sudan need to know that criminals and war criminals cannot walk freely with impunity. 

Only by holding Messrs Dagalo, Burhan, Bashir to account will young Sudanese people understand that what is happening now, and why, is the culmination of a 30+ year story filled with death, destruction and unspeakable horrors inflicted on millions of Sudanese civilians, forcing survivors to flee for their lives with just the clothes they were wearing.

I'm writing this in haste. Time is of the essence. If there are any errors in this urgent open message to the ICC, it doesn't matter. What matters is that Dagalo, Burhan and Bashir are questioned under oath, asap.

I’ll leave this note with a link to Aljazeera's report and its must-see video interview at the top of this page before I go on strike in protest of the wicked claims made by Hemeti in his power-grab for the presidency.

I shan't return until the ICC issues a statement explaining its findings and intentions regarding Messrs Bashir, Burhan, Dagalo. Sad to say, Darfur is under attack again. God help the Sudanese people. Peace and love, Ingrid x

Here is a copy of an exclusive report at Al Jazeera.com

Written by Al Jazeera.com English - reprinted online by MSN.com

Published at Al Jazeera.com dated Friday 26 November 2021 c.11am GMT

Title: Sudan’s PM Hamdok backed military takeover, says general

Deputy head of Sudan’s sovereign council, General Dagalo, tells Al Jazeera that reinstated Prime Minister Abdalla Hamdok was part of discussions leading to the military takeover in October.

Sudanese Prime Minister Abdalla Hamdok was deposed by the military on October 25 but reinstated as interim premier November 21 [File: Ashraf Shazly/AFP]

The deputy head of Sudan’s governing sovereign council, General Mohamed Hamdan Dagalo, has said that Prime Minister Abdalla Hamdok was aware of last month’s military takeover before it happened and was “completely agreeable” to it.

Hamdok was deposed by the military on October 25 but reinstated as interim premier after signing a deal on Sunday with Sudan’s top general to restore the transition to civilian rule.

“What happened on October 25 was the ultimate outcome of a long process. Many discussions were made, and many initiatives proposed,” Dagalo, also known as Hemeti, told Al Jazeera in an exclusive interview released on Friday.

“The prime minister himself proposed two initiatives during the meetings. We were left with three options, the best of which was the move we took, and it was completely agreeable to the prime minister himself,” said Dagalo. “We did not make such a move on our own.”

Reporting from Khartoum, Al Jazeera’s Resul Serdar said that the claims were a “bold allegation” since many Sudanese people have been asking whether Hamdok was part of the military takeover or had been aware it would happen.

“When I asked him, he said he didn’t know that the military coup was coming,” said Atas, referring to a recent interview with the prime minister after he was reinstated this week.

“Now the deputy chairman says they had actually discussed it with Hamdok and he knew of the military takeover before it took place,” said Atas.

“People were already questioning his independence. After this allegation, people will question his legitimacy even more,” he added.

On October 25, top General Abdel Fattah al-Burhan dissolved the government, arrested the civilian leadership, and declared a state of emergency – drawing widespread international condemnation and triggering widespread anti-coup protests.

Hamdok was placed under house arrest after the military seized power.

On November 11, al-Burhan issued a decree creating a new 14-member ruling sovereign council, with himself at the head.

The coup, more than two years after a popular uprising forced the removal of longtime strongman Omar al-Bashir, derailed a transition towards democratic elections and drew international criticism.

The 14-point deal between Hamdok and the military, signed in the presidential palace in Khartoum on Sunday, provided for the release of all political prisoners detained during the coup and stipulated that a 2019 constitutional declaration be the basis for a political transition, according to details read out on state television.

Following the deal, the reinstated premier told Al Jazeera that he would form a “technocratic government” made up of qualified professionals to lead the country to elections by June 2023.

The deal was largely welcomed by the international community, but Sudanese pro-democracy activists have rejected it as an “attempt to legitimise the coup”.

They demand that the military should not be part of any future Sudanese government and Sudanese people have continued to protest against the military’s involvement in politics since the agreement was signed.

“Tens of thousands of people have been back to the streets, insisting on their demands,” said Serdar, who added that the formation of a new cabinet and the release of political prisoners are the two main issues yet to be resolved.

Twelve cabinet ministers also submitted their resignation to Hamdok in protest against the deal between the prime minister and the military.

At least 41 people have been killed during confrontations with security forces since the coup, as security forces have at times used live rounds to disperse anti-coup demonstrators.

View reprint at MSN: https://www.msn.com/en-us/news/world/sudan-e2-80-99s-pm-hamdok-backed-military-takeover-says-general/ar-AAR9JCg

View original report and Aljazeera's 26-minute video interview with Hemeti entitled Sudan's General Dagalo: Military takeover was the 'best option': https://www.aljazeera.com/news/2021/11/26/sudan-pm-hamdok-backed-military-takeover-general-dagalo

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Ethiopia’s war triggers fears in Kenya, South Sudan

NOTE from Sudan Watch Editor: Here are two maps showing Ethiopia's proximity to Sudan, South Sudan, Kenya, Eritrea, Somalia.

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From the website of The International Criminal Court (ICC) 

Trying individuals for genocide, war crimes, crimes against humanity, and aggression

The Court is participating in a global fight to end impunity, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again. 

​​The Court cannot reach these goals alone. As a court of last resort, it seeks to complement, not replace, national Courts. Governed by an international treaty called the Rome Statute, the ICC is the world’s first permanent international criminal court. 

Towards stability and lastin​g peace

Justice is a key prerequisite for lasting peace. International justice can contribute to long‐term peace, stability and equitable development in post‐conflict societies. These elements are foundational for building a future free ​of violence. ​​

Read more: https://www.icc-cpi.int/about

Omar Hassan Ahmad Al Bashir

President of the Republic of Sudan since 16 October 1993 at time of warrants. Arrest warrants: 4 March 2009 and 12 July 2010

Charges: five counts of crimes against humanity: murder, extermination, forcible transfer, torture, and rape; two counts of war crimes: intentionally directing attacks against a civilian population as such or against individual civilians not taking part in hostilities, and pillaging; three counts of genocide: by killing, by causing serious bodily or mental harm, and by deliberately inflicting on each target group conditions of life calculated to bring about the group's physical destruction, allegedly committed at least between 2003 and 2008 in Darfur, Sudan

Read more: https://www.icc-cpi.int/darfur/albashir

See the other defendants at large including Abdel Raheem Muhammad Hussein, Ahmad Muhammad Harun ("Ahmad Harun"), Abdallah Banda Abakaer Nourain here: 

https://www.icc-cpi.int/defendants?k=At%20large

RSF's Hemeti Dagalo is blackmailing the international community into recognising his control of Sudan

The man who did so much to contribute to the flight of more than 350,000 Darfuri refugees to Chad is now attempting to blackmail the international community into recognizing his illegitimate, coup-born military control of Sudan. He cares nothing for the people he threatens to use pic.twitter.com/G3xhOFDhJp

— Eric Reeves (@sudanreeves) December 1, 2021

Sudan: Chairman Burhan commends Dagalo's efforts in political agreement and praises efforts of the Sufis

Here is a full copy of a news report at Sudan News Agency (SUNA)

Dated Sunday 21 November 2021

Al-Burhan commends Abdel Rahim Dagalo's efforts in political agreement

© Provided by Sudan News Agency (SUNA)

Khartoum, Nov. 21 (SUNA) - The Chairman of the Transitional Sovereignty Council, Lieutenant-General Abdel Fattah Al-Burhan, has commended the efforts and stances of the second commander of the Rapid Support Forces Lieutenant-General Abdel Rahim Daglao.

During his address to the signing ceremony of the political agreement with Prime Minister Abdullah Hamdouk, Al- Burhan noted that Abdul Rahim Dagalo has been playing a pivotal national role in the past period and exerted great efforts in maintaining security and stability, extending thanks all the national efforts that played roles in making the situations calm.

He also praised the efforts of the Sufis to bring the ranks and unity of the word to preserve stability. (ta)

View original: https://www.msn.com/en-xl/africa/other/al-burhan-commends-abdel-rahim-dagalos-efforts-in-political-agreement/ar-AAQZGEr

Sudan protest march Nov 30: New police violence

Here is a copy of a report at and by Radio Dabanga.org

Dated Tuesday, 30 November 2021 

Sudan Marches of the Millions: New police violence today

Tens of thousands of people took to the streets in Khartoum, as well as other cities across Sudan today, in the November 30 Marches of the Millions, called by the resistance committees, to express their rejection of the military coup d’état of October 25, and the subsequent political agreement, signed by coup leader Gen Abdelfattah El Burhan and Sudan’s Prime Minister Abdullah Hamdok.

In Khartoum, several demonstrators were injured as the marches turned into hit-and-run operations with police when the demonstrators closed a number of main roads using barricades.

Meme promoting the Marches of the Millions across Sudan today (RD)

A demonstrator carries tyres for barricades (RD)

Read more: https://www.dabangasudan.org/en/all-news/article/sudan-marches-of-the-millions-new-police-violence-today

Report 26 Nov 2021: Resistance Committee members beaten and humiliated as detentions continue