The international community must tackle the climate of impunity that is fuelling mass violence in Sudan, the Security Council heard today as it considered the work of the International Criminal Court in investigating crimes committed in that country.
“Terror has become a common currency” in Sudan, Karim Khan, Prosecutor of that Court said, detailing the human rights abuses, including rapes and crimes against children, during his semi-annual briefing to the Council. Pointing to the provision of arms, financial support and political triangulations enabling this, he said these abuses are also fuelled by “this feeling that Darfur or Sudan is a law-free zone in which people can act with abandon”, with nothing more than “a flicker of attention from the Council” every six months.
Outlining his Office’s efforts, he noted cooperation with Sudanese authorities, collection of testimonies, extensive field deployments, engagements with civil society and the processing of digital evidence. Also pointing to his meeting with the Chair of Sudan’s Transitional Sovereign Council and efforts to engage with the leadership of the Rapid Support Forces, he said that by his next report, he expected to announce arrests warrants against those who are most responsible. He also noted that final statements are expected this year in the case of Ali Abd-Al-Rahman – an alleged senior member of the Janjaweed militia, adding: “The “ICC [the International Criminal Court] is not a talk shop.”
The Council needs to look at imaginative ways to stop the cycle of violence from persisting in Sudan, he said, adding that the Government of Sudan must expedite its cooperation with the Court. Recalling a Sudanese man who asked him why he is optimistic that the warrant will lead to accountability, he noted that so many parts of the Global South and the North are asking: “Does every human life matter equally?” Membership in the Council is an opportunity to make a huge difference in their lives, he reminded delegates.
The Council also heard from the representative of Sudan, who highlighted his Government’s political will and commitment to engage with the Court within the principle of judicial complementarity. Citing a 2021 memorandum of understanding signed between his Government and the Office of the Prosecutor, he pointed to domestic efforts to strengthen judicial capacity, including steps undertaken to join the Rome Statute. Sudan seeks further cooperation with the Court, he said, highlighting the Sovereign Transitional Council’s establishment of a committee to coordinate with the Court. Drawing attention to the increase in sexual and gender-based violence in the areas targeted by the Rapid Support Forces, he said such violence is used to destabilize safe areas. The establishment of gender units within the family protection centres has led to documenting 191 instances of sexual violence.
“Women and children,” Malta’s delegate observed, “are bearing the brunt of the conflict, particularly through the widespread perpetration of gender-based crimes”. Calling on the Prosecutor’s Office to prioritize investigations addressing crimes of sexual and gender-based violence and crimes against children, she called for a ceasefire and unimpeded access of humanitarian relief.
The representative of the Republic of Korea was among the majority of speakers who commended the rapid progress in the Court’s investigation of past and ongoing atrocities in Darfur. Welcoming the probable conclusion of the trial of Ali Abd-Al-Rahman in the first half of 2024, he said that would make it one of the most efficient trials in the Court’s history. Noting that it was the first case referred to the Court by the Council, he emphasized that its successful conclusion “will send a message to the world that the Council and the Court are ready to fight against impunity.”
Echoing that, Ecuador’s delegate said the progress in the trial against Ali Abd-Al-Rahman “will set an important precedent against impunity”. He also pointed out that the patterns of violence in Darfur are similar to those which played out more than two decades ago and involve many of the same perpetrators – the cycle of violence and impunity must end, he emphasized.
The representative of the United States, too, noted that the Council heard reports of very similar atrocities against civilians in Darfur two decades ago. “Today, some of the same actors are again victimizing vulnerable communities,” he said, adding that this was possible in part because perpetrators were never held accountable 20 years ago. He urged Sudanese authorities to enhance their cooperation with the Court, including by arresting the remaining fugitive, and stressed that external actors must cease providing support to the warring parties.
The Council, said the representative of Algeria, must “keep under scrutiny the role of external actors in fuelling the conflict”. He also stressed the need for national justice institutions to support Sudan’s ownership of the process, highlighting the Juba Peace Agreement as a useful tool. Sudanese ownership of the accountability process must come through regional and African frameworks.
Mozambique’s delegate also highlighted the Juba Peace Agreement, reminding the Council that it reaffirms the role of an independent and impartial judiciary. A political solution is necessary to address the root causes of the conflict, he said. The victims of the horrendous crimes in Sudan “are not mere statistics; they are human beings that deserve the Council’s special attention,” he added, welcoming the progress made by the Office of the Prosecutor in various lines of inquiry.
However, the representative of the Russian Federation criticized the Prosecutor’s successive reports as useless and said there is no point in continuing the “routine hearing of empty reports”. “The ICC always has to blame someone else,” she said, placing the blame instead on the Court’s procrastination. This pseudo-court, after 20 years of inaction, with a go-ahead from its Western masters, has suddenly become interested in the situation in Sudan. Urging Council members to focus on assistance to national judicial bodies, she noted that no one from the Western military or leadership was held accountable for atrocities in Afghanistan and Iraq, as well as for the military aggression against Libya.
Briefing
KARIM KHAN, Prosecutor of the International Criminal Court, stressing that it has been a dark and tragic six months for Sudan since his last briefing to the Council, noted the mass scale of crimes in that country, including rapes and crimes against children. “Terror has become a common currency,” he said, adding that these profound human rights abuses are being fuelled by the provision of arms, financial support and political triangulations. But they are also fuelled by a sense of impunity, “this feeling that Darfur or Sudan is a law-free zone in which people can act with abandon”, with nothing more than “a flicker of attention from the Council” every six months, he said. “To those on the ground in Darfur today, to the members of the Sudanese Armed Forces and the Rapid Support Forces, to those also fighting alongside them, to those who give orders, to those who feel there are no limits to what they can do, I wish to send a clear message: my Office is moving with urgency and focus to ensure that you will be held to account for your crimes,” he pledged.
Highlighting the many tangible steps his Office has taken, he noted cooperation with Sudanese authorities in addressing several longstanding requests. Through the collection of testimonies via extensive field deployments to Chad as well as engagements with Sudanese civil society, the Office has been able to piece together “who is responsible for unleashing this hell on earth”, he said. The Office has also expanded its ability to process audio, video and other forms of digital evidence, he said, adding that by his next report, he expected to announce arrest warrants against those who are most responsible. “The “ICC [the International Criminal Court] is not a talk shop,” he stressed. The Council needs to look at imaginative ways to stop this cycle of violence from persisting. Turning to the case of Ali Abd-Al-Rahman – an alleged senior member of the Janjaweed militia charged with 31 counts of war crimes and crimes against humanity – he said one more defence witness will testify in September and final statements are expected before the end of the year. The Court has now heard from more than 100 witnesses, with his Office submitting over 1,500 items of evidence in support of its case, he noted.
Recalling a Sudanese man who asked him why he is optimistic that warrants will lead to accountability, he urged States to support the Office’s work more decisively. Sudan’s Government must expedite its cooperation with the Court, he said, pointing to the outstanding arrest warrant for Ahmed Harun. During his meeting with the Chair of Sudan’s Transitional Sovereign Council, Abdel Fattah Al-Burhan, last year, he received a number of commitments, he said, also thanking the new focal point for cooperation appointed following this meeting. He also noted his efforts to engage with the leadership of the Rapid Support Forces. Given the absence of cooperation from them, he said, his Office has also been engaging with the Arab communities in Darfur, despite some initial hesitations from that community. This is a defining moment in history, he said, noting the increasing concentration of suffering around the world. Increasingly, the cry raised from so many parts of the Global South and the North is “does every human life matter equally?” No representative will be here [in the Council] forever, but being here is an opportunity to make a huge difference in the lives of so many people around the world, he reminded delegates.
Statements
The representative of Japan highlighted the International Criminal Court’s critical role in ending impunity by recalling the words of Court President Tomoko Akane during her recent visit to New York: the Court would “work to bring justice to victims of atrocities by carrying out fair and impartial proceedings against individuals who have committed crimes” and “the ICC’s proceedings will serve as a message that atrocities must not be repeated”. He welcomed the positive steps taken by the Sudanese authorities, including addressing requests for assistance by the Office of the Prosecutor and the issuance of visas, expressing hope that the Court will reach judgment for the trial of Mr. Abd-Al-Rahman in 2025. “The atrocities in Darfur in the past and the ongoing violence in Sudan should never be dismissed,” he said, stressing that “accountability for past crimes is central to preventing future atrocities”. Tokyo is committed to preserving the ICC’s integrity, he said, rejecting any threats to or measures against the Court, its officials and those cooperating with it.
The representative of Switzerland said atrocities and hostilities in Sudan continue unabated, with independent reports estimating that 2.5 million people will die from famine caused by the current conflict by the end of September, with Darfur being the hardest-hit region. Underlining the importance of accountability for the crimes committed since 2002, he said that the Court aims to restore hope to victims and put an end to the cycle of violence. Accordingly, he noted the significant progress made over the past eight months and welcomed the Prosecutor’s decision to investigate incidents arising from the current hostilities, including allegations of crimes of sexual and gender-based violence and crimes against children. Also, cooperation is essential to enable the Court to fulfil its mandate, he pointed out, commending the support received from the Sudanese authorities. “The full support of the entire international community is required – without further delay – to ensure that justice is done for all the victims of this conflict and that accountability is ensured throughout the entire territory of Sudan,” he stated.
The representative of Guyana expressed grave concern about the continued massive scale of crimes committed in Darfur, particularly gender-based crimes, crimes against children and indiscriminate targeting of civilian populations and objects. She welcomed the Prosecutor’s Office progress in investigating these and the increased collection of information and evidence, including through field deployments in Chad, Port Sudan, and other locations. Also welcoming the intensified engagement with civil society organizations and affected communities, she said continued cooperation between the Sudanese authorities and the Prosecutor’s Office is critical. Noting the execution of outstanding requests for assistance and the provision of visas for staff members of the Office, she urged the Sudanese authorities to take all necessary steps to secure the arrest and surrender of all fugitives. “Ensuring accountability for atrocities is crucial in preventing future crimes and building a foundation for lasting peace, and all efforts must be made to this end,” she stressed. All parties must stop further violations and ensure civilians and civilian objects are protected, she said, and the international community must scale up humanitarian aid for Sudan.
The representative of China said that the Court should continue to be guided by the Rome Statute and its mandate given by the Council. It must exercise its powers independently, objectively and impartially and abide by the principle of complementarity, and fully respect the judicial sovereignty and legitimate concerns of Sudan, where the conflict has been going on for 16 months. When dealing with the Darfur issue, the Court should consider the complexity and sensitivity of the realities in Sudan and the region and refrain from unwarranted intervention. Beijing supports Sudan’s effort to improve its administration of justice and develop national capacity to combat impunity. The international community should help the country revitalize its transitional justice institutions. When handling cases involving international and regional hotspot issues, “the Court should refrain from politicization and double standards and apply international law equitably,” he emphasized.
The representative of Slovenia said that “what we are witnessing in Sudan is a human and humanitarian catastrophe”, noting the unprecedented scale of suffering, mass atrocities and displacement, starvation, indiscriminate targeting of civilians, attacks on internally displaced persons camps, sexual and gender-based violence and crimes against children. “It is unimaginable and unforgivable what the people of Darfur have been subject to in the last two decades,” he stated. In Darfur, victims face atrocities from perpetrators, many of whom have never been held accountable for the crimes they committed 20 years ago. Spotlighting the Court’s efforts in achieving justice, he commended the Prosecutor’s efforts to engage with the civil society. “The victims and survivors must have the opportunity to speak and give evidence,” he stressed, adding that the same applies to the witnesses. In this regard, the progress made in Ali Kushayb’s trial is pivotal. He also expressed hope that effective investigations, victim protection and bringing perpetrators to trial will also encourage the silent survivors to come forward – especially victims of conflict-related sexual violence.
The representative of Algeria said the path to transitional justice and accountability cannot be separated from the task of stabilizing Sudan. Stressing the need for national justice institutions to support Sudan’s ownership of the process, he said it is vital to strengthen existing legal frameworks to identify inclusive paths to accountability. The Juba Peace Agreement represents a useful tool, he said, adding that Sudanese ownership of such a process must come through regional and African frameworks. Further, the Council must “keep under scrutiny the role of external actors in fuelling the conflict”, he said, adding that this is vital to identify responsibility and formulate the right responses. Council resolution 2736 (2024) remains important in this regard, he said, noting that the clashes between the warring parties have resulted in the deterioration of the humanitarian situation as well as food insecurity. Expressing concern about the siege imposed by the Rapid Support Forces in El Fasher, he called for more support for all diplomatic efforts being deployed by the African Union, the United Nations and other parties.
The representative of the Republic of Korea noted the rapid progress of the Court’s investigation of past and ongoing atrocities in Darfur, including the deployment by the Office of multiple investigative and outreach teams to the field. With the availability of new evidence and avenues for further cooperation from States and individuals, the Office anticipates tangible progress in the next reporting period. The trial of Ali Abd-Al-Rahman is likely to conclude in the first half of 2024, marking one of the most efficient trials in the Court’s history. This progress is significant as it was the first case referred to the Court by this Council, he said, adding: “The successful conclusion of this case will send a message to the world that the Council and the Court are ready to fight against impunity for crimes that could impair international peace and security.”
The representative of Ecuador underlined that the continuation of the armed conflict in Sudan has caused an unprecedented humanitarian crisis, marked by reports of widespread attacks against the civilian population, including gender crimes and crimes against children. “The patterns of violence being witnessed in Darfur are similar to those which played out more than two decades ago,” he said, adding that they involve many of the perpetrators of the atrocities committed at that time. The cycle of violence and impunity must end, he asserted, commending the progress made by the Office of the Prosecutor and encouraging its team to continue collecting evidence on the crimes that were allegedly committed in El Geneina and El Fasher. Regarding the lines of investigation into crimes committed since 2003, he highlighted the progress in the trial against Ali Abd-Al-Rahman, noting that it “will set an important precedent against impunity”.
The representative of Mozambique said the victims of the horrendous crimes in Sudan “are not mere statistics; they are human beings that deserve the Council’s special attention.” Welcoming the progress made by the Office of the Prosecutor in various lines of inquiry, he said an independent and impartial judiciary, as reaffirmed in the Juba Peace Agreement, is essential. “While justice is crucial, we recognize that a political solution is necessary to address the root causes of the conflict,” he said, calling on all parties to seek a negotiated settlement. Welcoming the cooperation between the Office of the Prosecutor and the Sudanese authorities, as well as cooperation with third States, international and regional organizations and civil society organizations, he said, effective cooperation, while respecting the sovereignty of Sudan, is critical. Strengthening the rule of law, supporting peace processes and ensuring stability are vital steps toward the Sudan’s long-term prosperity, he added.
The representative of the United States said that the Council heard reports of very similar atrocities against civilians in Darfur two decades ago when innocent populations bore the brunt of a campaign of collective punishment. “Today, some of the same actors are again victimizing vulnerable communities – a circumstance possible in part because perpetrators were never held accountable for committing atrocities 20 years ago,” he said. His country has long supported accountability in the existing cases before the court, including the ongoing trial of Ali Abd-Al-Rahman. While Washington, D.C., is encouraged by reports that the Sudanese authorities are beginning to cooperate with the Court, they must do more, including arresting the remaining fugitive and permitting Court teams access and protection to conduct investigative activities within the country. “The human catastrophe in Sudan demands decisive action by the entire international community,” he said, adding that external actors must cease providing support to the warring parties and instead turn their attention to peace talks.
The representative of France expressed concern over the continuation of clashes in the town of El Fasher in North Darfur and by their extension into Sennar State. Faced with the scale of the allegations of crimes committed in Darfur and the rest of the country, the parties must make all efforts to protect the civilian population, she asserted. Recalling that the parties took part in recent negotiations on humanitarian issues – conducted under the aegis of the Secretary-General’s Personal Envoy, Ramtane Lamamra – she stressed that these efforts must continue to achieve a peaceful settlement of the conflict. Also, all foreign actors must refrain from fuelling the conflict by arming, financing or logistically supporting the parties. “The fight against impunity contributes to restoring peace to Sudan,” she observed, commending the increased attention to crimes committed against children and sexual crimes. She also welcomed the significant progress made by the Office of the Prosecutor in its investigations into widespread allegations of ongoing international crimes in Darfur through extensive field deployments in Chad and Port Sudan to collect testimonies and evidence.
The representative of Malta, condemning all violations of international humanitarian, and international human rights law in Darfur, called for a ceasefire and the full, rapid, and unimpeded access of humanitarian relief. Welcoming the continued progress in the Al-Rahman case, as well as the continued investigations in the Al Bashir, Hussein, and Harun cases, she commended the steps taken by the Sudanese authorities, including the issuance of visas and the engagement on the pending requests for assistance. Welcoming the Prosecutor’s Office’s engagement with local civil society organizations who are gathering evidence and documenting crimes, she also welcomed efforts to engage with refugees in Chad. “Women and children are bearing the brunt of the conflict, particularly through the widespread perpetration of gender-based crimes,” she noted, adding that the Office must prioritize investigations addressing crimes of sexual and gender-based violence and crimes against children. This, alongside a transition to democratic rule, is indispensable for a durable peace in Sudan, she emphasized.
The representative of the Russian Federation criticized the Prosecutor’s successive reports as “useless”, expressing outrage that since 2005 the Council has had to spend scarce time and resources every six months to consider them. Mr. Khan again justifies the ineffectiveness of his body by citing difficult situations and a lack of resources and cooperation. “The ICC always has to blame someone else,” she said, adding that for Mr. Khan, this is a well-worn tactic. She rejected double standards and hypocrisy, citing a large amount of proof of crimes committed by North Atlantic Treaty Organization (NATO) countries, which however were “deliberately swept under the carpet by the pseudo court and its puppet prosecutors”. No one from the Western military, let alone their leaders, was held accountable for atrocities in Afghanistan and Iraq, as well as for the military aggression against Libya. The 20 years of the Court’s procrastination on Darfur and its complicity in the destruction of Libyan statehood means that concrete conclusions must be made. The Council should never again refer new situations to this pseudo court and must withdraw the Darfur and Libya cases from the Court. “We don’t see any point in continuing the routine hearing of empty reports”, she said. Now this pseudo-court, after 20 years of inaction, with a go-ahead from its Western masters, has suddenly become interested in the situation in Sudan. “The Court’s generally dubious track record speaks volumes that justice, fairness and concern for victims is simply empty rhetoric for this court,” she said, urging Council members to “stop spending time on useless presentations of the prosecutors and focus on assistance to national judicial bodies”.
The representative of the United Kingdom sounded the alarm over the escalating violence across Sudan, particularly in Darfur, stressing that the ongoing fighting in El Fasher has caused significant civilian loss of life and has forced thousands to flee their homes. There are credible reports of atrocities taking place in Darfur and elsewhere in Sudan, including the recruitment of child soldiers, conflict-related sexual violence, indiscriminate use of explosive weapons in civilian areas and violence targeted at specific ethnic groups. Against this backdrop, he welcomed the progress that the Office is making to advance accountability through continued engagement with Sudanese civil society organizations and the extensive deployment of investigators to Chad to collect further testimonial evidence. He also spotlighted some signs of improved cooperation from those in power in Sudan through the provision of visas and the facilitation of a field visit to Port Sudan, and the progress in the trial of the former Janjaweed commander, Ali Abd-Al-Rahman, also known as Ali Kushayb.
The representative of Sierra Leone, Council President for August, speaking in his national capacity, commended the Prosecutor’s work and reaffirmed commitment for an independent and effective International Criminal Court. Expressing concern about the profound human tragedy in Sudan, he welcomed the significant progress in investigating alleged crimes committed in Al Geneina and its surrounding areas in West Darfur as well as the monitoring and preservation of evidence relating to crimes in El Fasher. A staggering 10 million people are displaced, including 2 million who have fled the country. This massive displacement has left over half of the population in need of humanitarian aid. “Incredibly, the ongoing situation in Darfur since the outbreak of hostilities in Khartoum on 15 April 2023 between the Sudanese Armed Forces and Rapid Support Forces and affiliated armed groups mirrors the findings of the International Commission of Inquiry on Darfur established almost 20 years ago,” he said. Accountability for past crimes is crucial to addressing recent and ongoing violations, he said, adding that it is crucial to address the underlying factors. Highlighting the nexus between peace and justice, he called for a ceasefire in Sudan.
The representative of Sudan underscored cooperation between his country and the Court, citing a memorandum of understanding signed between the current Government of Sudan and the Office of the Prosecutor in August 2021. He also highlighted some domestic efforts to strengthen its judicial capacity, including steps undertaken to join the Rome Statute and some legislative amendments, by which the four crimes under the Court’s jurisdiction have been domesticated in national laws. The Prosecutor visited Sudan a few times and met with Sudan’s top officials. The Prosecutor met with refugees in the Darfur states and made his briefing from Sudan – a first in the Court’s history. “This represents the political will of the Government to deal with the ICC within the principle of judicial complementarity,” he said, pledging that Sudan seeks further cooperation with the Court.
He said that the sovereign Transitional Council established a committee to coordinate with the Court. The committee has prepared responses to 38 pending requests. Turning to an increase in sexual and gender-based violence in the areas targeted by the Rapid Support Forces, he said such violence is used to destabilize safe areas and force civilians to vacate their homes. An agreement was reached between the ministers of social development and the interior to establish gender units within the family protection centers. This led to documenting 191 instances of sexual violence. He said that the number of criminal claims on the human rights violations reached 12,470, and 246 arrest orders have been issued for the leaders and members of the Rapid Support Forces militia, with 50 of those claims referred to the national judiciary, and 23 cases already adjudicated. These statistics would help the Prosecutor in his investigations.
Mr. KHAN, responding to questions and comments, emphasized that both the Rapid Support Forces and the Sudanese Armed Forces have clear and independent obligations to respect international humanitarian law. “Too many innocent Darfuris, too many innocent Sudanese are suffering beyond bearing,” he said, adding that the UN Charter must be placed above national interests. “We must view [the people of Sudan] as if they are our children, brothers, sisters, parents, family,” he stated, stressing that if there is a ceasefire, the potential of the Rome Statute can come into play. However, he said, until that time, “we must do what we are doing – applying the law to the facts that we are seeing”. And, unfortunately, that is telling a tale of misery. Noting that this case tests the Court’s and the Council’s fundamental principles of humanity that were crystallized in the UN Charter, he declared: “History is watching us all.”
