7 rights groups demand transparency on U.S. support for ICC investigation in Darfur

May 1 2024 (WASHINGTON) – At least 17 human rights organizations are calling on the Unite States government to clarify its legal position on supporting the International Criminal Court’s (ICC) investigation into recent atrocities in Darfur.

In a joint statement, the groups, including Amnesty International USA and Human Rights Watch (HRW), requested the public release of any guidance issued by the Office of Legal Counsel (OLC) regarding limitations on US assistance to the ICC.

The urgency stems from the outbreak of war in Sudan in April 2023, which has resulted in crimes against humanity, war crimes, and ethnic cleansing according to the US Secretary of State. The ICC prosecutor has confirmed an investigation into these recent occurrences, building upon the existing referral from the UN Security Council in 2005 for crimes committed in Darfur since 2002.

While US officials, including the US Representative to the UN, have publicly expressed support for the ICC investigation, legal ambiguities remain regarding the extent of permissible US assistance.

The human rights groups point to a leaked 2010 OLC memorandum suggesting potential limitations on “institutional support” for the ICC, but acknowledge differing interpretations. Some argue that US assistance might be restricted until formal accusations are made against specific individuals.

This, they argued, would significantly hinder the ICC’s investigation in its early stages, when support is most crucial. They highlight past instances where the US offered assistance to the ICC’s initial Darfur investigation before any arrest warrants were issued.

The groups further emphasized the need for transparency, arguing that secrecy surrounding the OLC’s guidance hinders public understanding of the legal constraints on US support.

“If legal barriers exist to the U.S. government’s ability to meet its own call to ‘stand behind the [ICC’s] continuing investigation’ in Darfur, the public should know about them and be able to propose appropriate remedies,” concluded the statement.

The groups urged the release of relevant OLC memos or guidance to promote transparency and facilitate potential legislative solutions to address any existing legal obstacles to US support for the ICC investigation.

(ST)