ICC prosecutor to freeze new Darfur investigations
December 12, 2014 (KHARTOUM) – The prosecutor of the International Criminal Court (ICC) announced in her semi-annual briefing before the United Nations Security Council (UNSC) on Friday that she will suspend new investigations into the Darfur situation citing lack of UNSC support and stretched resources.
From the government side, the Sudanese president Omer Hassan al-Bashir, defence minister Abdel-Rahim Mohamed Hussein, former state minister for interior Ahmed Haroun and Janjaweed leader Ali Kushayb were indicted by the ICC for war crimes allegedly committed in Sudan’s western region.
According to UN estimates, at least 300,000 people have been killed since then, and another 2 million have fled their homes since the conflict erupted in 2003.
Sudan has cooperated with the court until the first arrest warrant against Kushayb and Haroun were issued in 2007.
Despite repeated non-cooperation findings referred by ICC judges to the UNSC, the council has declined to take action mainly over China’s likely move to block any resolution that would compel Sudan to cooperate.
“Given this council’s lack of foresight on what should happen in Darfur, I am left with no choice but to hibernate investigative activities in Darfur as I shift resources to other urgent cases. It should thus be clear to this Council that unless there is a change of attitude and approach to Darfur in the near future, there shall continue to be little or nothing to report to you for the foreseeable future,” the ICC prosecutor told the UNSC.
“It is becoming increasingly difficult for me to appear before you and purport to be updating you when all I am doing is repeating the same things I have said over and over again,” she added.
Bensouda stressed that a “dramatic shift” is needed in the UNSC approach to arresting Darfur suspects.
She noted that “To date, none of these individuals have been brought to justice, and some of them continue to be implicated in atrocities committed against innocent civilians”.
The ICC prosecutor underscored that the situation in Darfur continue to deteriorate with women and girls suffering the most.
“Victims of rape are asking themselves how many more women should be brutally attacked for this Council to appreciate the magnitude of their plight,” she said.
She recalled the recent allegations of rape in North Darfur village of Tabit which prompted Khartoum to block a second UNAMID investigation into the claims and asking the peacekeepers to prepare for departure.
“It is unacceptable that investigations of such sensitive and serious crimes were conducted in a situation in which perpetrators had effective control over their victims in their homes and in their villages, and where investigators can offer no protection to victims after they have left the scene of the crime,” she said.
UNSC members did not appear moved by Bensouda’s blunt statement with China saying it supports Khartoum’s efforts to promote a political solution.
Rwanda on the other hand recalled the African Union (AU) decision calling for deferral of proceedings against Sudan president in the interest of peace.
The US on the other hand emphasised that justice will not bring back lives but will serve as a foundation for healing.
Argentina called on all states to cooperate with the ICC and said that fight against impunity is not restricted to court members.
(ST)