ICC critical of security council’s “inaction” on Darfur

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June 5, 2013 (KHARTOUM) - The International Criminal Court (ICC) has
criticised the United Nations Security Council (UNSC) over its
“inaction and paralysis” in response to the deteriorating situation in
Sudan’s war-torn western Darfur region.

JPEG - 42.4 kb
The ICC was critical of the role of the UN Security Council in its
latest briefing, saying it is not doing enough to resolve the Darfur
conflict (Photo: Albert Gonzalez Farran/UNAMID)

The comments were made in the latest briefing by the ICC’s office of
the prosecutor (OTP), which was released in New York on Wednesday.

ICC prosecutor Fatou Bensouda said it was the 17th such briefing
issued by her office since the 15-member UNSC referred the situation
in Darfur to her office in 2005.

LACK OF CONVICTION

Bensouda singled out the lack of decisive action by the UNSC to bring
to justice those allegedly responsible for the most grave human rights
violations in the region as a particular point of frustration and
despair.

“Regrettably, each briefing has been followed by inaction and
paralysis within the council while the plight of victims of crimes
committed in Darfur has gone from bad to worse”, Bensouda said.

“The deep sense of my office’s disappointment should come as no
surprise to this council, given the serious concerns shared within the
United Nations about the situation in Darfur”, she added.

The briefing comes following comments made by the head of UN Office
for the Coordination of Humanitarian Affairs (OCHA), Valerie Amos,
while on an official visit to Sudan, urging the international
community not to let Darfur slip off the radar.

A recent escalation of violence in the troubled region has seen some
300,000 people displaced in the first five months of 2013 alone, more
than the total number of displaced in the last two years.

The briefing notes that ongoing aerial bombardments in Darfur by the
Sudanese military; the use of sexual violence as a weapon of war;
government restrictions on the delivery of humanitarian aid and
impunity for actors in the conflict accused of war crimes persists.

CALLS TO END IMPUNITY

Sudanese president Omer Hassan al-Bashir, defence minister Abdel
Raheem Hussein and former head of the notorious “Darfur Security Desk”
Ahmad Haroun have all been indicted by the ICC for war crimes and
crimes against humanity allegedly committed at the height of the
Darfur conflict in 2003-2004.

“We have done our part and it is up to this council to live up to the
legitimate expectations of Darfur’s victims”, Bensouda said in the
briefing.

“We stand ready to continue doing our part, but time is long past due
for this council to act with courage and conviction by adopting
appropriate measures within its mandate to ensure that Sudan fugitives
are brought to justice sooner rather than later”, she added.

Bensouda also criticised the UNSC for failing to intervene after
neighbouring countries, most notably Chad, refused to arrest Bashir
despite him taking several trips inside their borders.

“It is a matter of great concern that this council has failed to act
on any of the seven formal communications from the judges of the ICC
regarding these matters”, she added.

CAUSE FOR CONCERN

Referencing a meeting that took place last month between Amos, Bashir,
Hussein and Haroun, Bensouda called on the UNSC to reassess its
dealings with the trio of wanted war criminal, questioning whether
such contact was in the best interests of serving justice.

“I strongly encourage the UN to conduct an ongoing critical analysis
of such contacts ... We must ask ourselves whether the gain to the UN
is worth the costs of such contact, “she said.

Bensouda noted with concern the ongoing involvement of Haroun and
Hussein in alleged crimes elsewhere in Sudan.

She also pointed to reports of the ongoing involvement of ICC indictee
Ali Muhammad Ali Abd-Al-Rahman, also known as Ali Kushayb, in clashes
in Central Darfur in April.
Witnesses have reportedly placed Kushayb at the centre of an attack on
the town of Abu Jeradil, 30kms south of Um Dukhun, on 8 April, riding
in a government vehicle, together with units from the Central Reserve
Police, the Border Intelligence, and other government-affiliated
militia.

According to the ICC briefing, the government-aligned forces shot
indiscriminately, burned homes and shops, stole livestock, and looted
goods. More than 100 civilians were killed, while some 30,000
displaced people, mostly women and children, fleeing to Chad.

Bensouda urged the UNSC to engage with all relevant organisations
addressing the Darfur situation, including the ICC, to assess progress
in shared goals and work towards finding a comprehensive solution to
the 10-year conflict.

THREAT TO SECURITY

She further warned that as long as those responsible for alleged
violations in Darfur were granted impunity, they would continue to
represent a threat to international peace and security.

Representatives from Luxembourg, United States, Guatemala, France,
Azerbaijan, Russia, Argentina, Republic of Korea, China and Australia
also spoke following the briefing.

They decried the continued violence in Darfur, and in particular, the
recent assassination of Justice and Equality Movement (JEM) leaders
who, in April, had signed a peace agreement with Sudan. Many delegates
called for the implementation of the Doha Document for Peace in
Darfur, which was described by some as the one viable avenue for
establishing peace in Darfur.

Speakers also pressed Sudan to respect the ICC’s outstanding arrest
warrants and called on all states to end impunity.

The representative of the United Kingdom, which holds the council’s
presidency for June, said the decision of some states not to act on
the warrants despite being signatories of the Rome statute was
regrettable, stressing that the council should urgently consider its
options for achieving peace in Darfur.

(ST)

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