TEXT- France draft resolution on Sudan to the UN Security Council

United Nations

– S/2005/199
– (United Nations-new-york-2005-03-23)

The Security Council,

Taking note of the report of the International Commission of Inquiry on violations of international humanitarian law and human rights law in Darfur (S/2005/60),

Recalling article 16 of the Rome Statute under which no investigation or prosecution may be commenced or proceeded with by the International Criminal Court for a period of 12 months after a Security Council request to that effect,

Also recalling articles 75 and 79 of the Rome Statute and encouraging States to contribute to the ICC Trust Fund for Victims,

Determining that the situation in Sudan continues to constitute a threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations,

Decides to refer the situation in Darfur since 1 July 2002 to the Prosecutor of the International Criminal Court;

Decides that the Government of Sudan, all other parties to the conflict in Darfur, and all other States and concerned regional and other international organisations shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to this resolution;

Invites the Court and the African Union to discuss practical arrangements that will facilitate the work of the Prosecutor and of the Court, including the possibility of conducting proceedings in the region, which would contribute to regional efforts in the fight against impunity;

Also encourages the Court, as appropriate and in accordance with the Rome Statute, to support international cooperation with domestic efforts to promote the rule of law, protect human rights and combat impunity in Darfur;

Also emphasises the need to promote healing and reconciliation and encourages in this respect the creation of institutions, involving all sectors of Sudanese society, such as truth and/or reconciliation commissions, in order to complement judicial processes and thereby reinforce the efforts to restore long-lasting peace, with African Union and international support as necessary;

Decides that nationals of any State not party to the Rome Statute sent by that State from outside Sudan to participate in or assist the operations established or authorised by the Council in Sudan shall not be subject to investigation or prosecution by the Court for crimes in relation to that participation or assistance if that State has so notified the Secretary-General within 30 days of the adoption of this resolution;

Recognises that the cost of this referral will not be met from UN assessed contributions;

Invites the Prosecutor to address the Council within three months of the date of adoption of this resolution and every six months thereafter on actions taken pursuant to this resolution;

Decides to remain seized of the matter.