ICC entitled to prosecute recent war crimes in Darfur: Prosecutor
July 13, 2023 (KHARTOUM) – The International Criminal Court (ICC) stated on Thursday that it has the authority to prosecute war crimes that have taken place in Darfur following the outbreak of armed conflict last April, according to the court’s prosecutor.
This week, the UN Human Rights office accused the Rapid Support Forces and its allied Arab militia of killing 87 Masalit people and burying their bodies in a mass grave outside the region’s capital, El-Geneina.
Karim Khan, the ICC prosecutor, informed the UN Security Council that the court is closely monitoring reports of extrajudicial killings, the burning of homes and markets, looting in West Darfur, as well as the killing and displacement of civilians in North Darfur.
Khan emphasized that the Prosecutor’s Office, in accordance with Council Resolution 1593 (2005), has an ongoing mandate to investigate alleged violations of international humanitarian law falling within the court’s jurisdiction.
He further revealed that his office is launching a public campaign to gather information about crimes allegedly committed in Darfur from 2002 to the present, including the current hostilities. He urged the international community to hold those responsible for the recent violence in Darfur accountable.
“We now are in peril of allowing history to repeat itself, yet again, before our eyes,” he said. “We are not on the precipice of a human rights catastrophe. We are in the midst of one.”
Khan’s briefing comes as the ICC is conducting its first trial related to the situation in Darfur. The trial of Ali Abd-al-Rahman, a senior Janjaweed leader, is nearing its conclusion.
Khan affirmed that the ICC is committed to ensuring that the trial reaches a just conclusion and that justice is served for the victims of the Darfur conflict.
“If we fail to deliver here, this calls into question the relevance of the Council,” he stated.
Responding to Khan, Sudan’s ambassador to the UN, Alharith Idriss, stated that his country has a legal basis for cooperating with the ICC despite Sudan not having ratified the Rome Statute. He noted that the transitional government has cooperated with the Court since the revolution and hosted a Court delegation in December 2021.
The ambassador mentioned that the signed memorandum of understanding serves as the basis for the implementation mechanism between the parties, and full cooperation requires Sudan to finalize the ratification of the Rome Statute.
Regarding the implementation of requests from the Prosecutor, the ambassador stressed the need for early notification, sufficient time, and information about the activities to be conducted in Sudan.
In response, ICC prosecutor Karim Khan stated that it is a basic principle of international law that a national authority cannot claim a domestic impediment to fulfilling an international law obligation. He emphasized that Resolution 1593 (2005) explicitly states that the Government of Sudan and all parties must fully cooperate with the Court and the Prosecutor’s Office.
Khan pointed out that Sudan has “honoured” its international obligation to cooperate with the ICC more in the breach than in the observance, citing 34 outstanding requests for assistance.
He asserted that the recent violence in Darfur cannot overshadow the non-cooperation, stating, “This is not a case that the events of the last 90 days can gloss over or muddy the waters of non-cooperation.” He called on both parties in the conflict to cooperate at this critical moment.
The exchange between the Sudanese ambassador and the ICC prosecutor highlights the ongoing tensions between the military-led government in Sudan and the Court.
Even during the civilian government led by former Prime Minister Abdallah Hamdok, who was keen to reconcile with the military component, Sudan has been reluctant to cooperate with the ICC, and the Court has criticized Sudan for not fully cooperating with the war crimes prosecutor.
(ST)