Sudan and South Sudan - Security Council, 9851st meeting
Security Council
Date: 27 January 2025
Language: English
Transcript: https://transcripts.un.org/en/sc/9851
Transcripts available through this tool are created by using automatic speech recognition and are not official records nor official documents of the United Nations. Official records and official documents are available on the Official Document System of the United Nations.

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Algeria · President [0:01]:

The 9851st meeting of the Security Council is called to order. The provisional agenda for this meeting is: Reports of the Secretary-General on the Sudan and South Sudan. The agenda is adopted. In accordance with rule 37 of the Council's provisional rules of procedure, I invite the representative of the Sudan to participate in this meeting. It is so decided. In accordance with rule 39 of the Council's Provisional Rules of Procedure. I invite Mr. Karim Khan, Prosecutor of the International Criminal Court, to participate in this meeting. It is so decided. The Security Council will now begin its consideration of item 2 of the agenda. I now give the floor to Prosecutor Karim Khan. You have the floor, sir.


ICC · Prosecutor [1:40]:

Mr. President, thank you so much for the opportunity to brief the Security Council once again today, and I would also wish to express my thanks to His Excellency the Permanent Representative of Sudan to the United Nations for his attendance, and I'm really pleased that after this Council session, I will be speaking further with him. Mr. President, Excellencies, you know, of course, that the last six months have reflected a further descent, indeed a tailspin, into deeper suffering, deeper misery, for the people of Darfur. Famine is present in Darfur. Conflict is increasing. Children are targeted. Girls and women are subject to rape. And the whole landscape is one of destruction and, we say, criminality. This descent is accelerating, if anything. It's accelerating as we speak. Today and yesterday in Al-Fashir, we see developments in which serious allegations emerge of more innocent civilians being targeted, vital civilian objects like hospitals being attacked, and there seems to be no respect for the Darfuri people. It's the clear view of my office, Mr. President, as reflected in the report that is before the Council, that as we speak, international crimes are undoubtedly being committed in Darfur. They're being committed as we speak, and daily, unfortunately, we see crimes being used as a weapon of war for so many that the law is meant to protect from these types of excesses. And this is not, I want to make clear, a general assessment. It's not an assessment gleaned from unverified reports. It's a hard-edged analysis that my office has reached based upon evidence and information collected and reviewed. And we are particularly concerned about the stream of allegations against for the targeting of women and girls, the allegations of gender crimes identified through our investigations. And these crimes are a priority of my office. And in the last six months, we have tried to meet the situation on the ground by improving efficiency and trying to be responsive. We've done that by being in Chad and being on the other countries bordering Sudan, where we've collected evidence from displaced communities about what they've suffered, what they've witnessed, what they've seen. We've conducted witness interviews. We've increased the scale and quantum of evidence we've collected from digital and video sources. harnessing technological tools that my office has put in place, so that we have better visibility on the linkage between alleged perpetrators, their structures and crime patterns. We have strengthened, as detailed in the report, partnerships with national authorities, sharing information with national law enforcement, so that they can also do their part and carry the burden of accountability more broadly. and that has found form in an increased number of domestic investigations by third countries. And based on that action, and as confirmed in my report, I can confirm today that my office is taking the necessary steps to put forward applications for warrants of arrest in relation to crimes we allege are being committed and have been committed in West Darfur. But I want to be very clear, my office will only move, will only submit those applications when we are satisfied following our internal processes that there is a realistic prospect of conviction. By founding applications before the judges of the ICC on strong evidence that can withstand scrutiny, we have the best chance not only that judges may grant the applications, but also that individuals that may be apprehended can be subjected to due process to vindicate the rights of survivors. And I think a simple message, Mr. President, should be understood by those on the ground in El Fasher, in Algenena, and across Darfur. Now, better late than never, for goodness sake, comply with international humanitarian law, not as a charity, not out of some political necessity, but out of the dictates of humanity and black letter law. In the suffering of women and children and men in Darfur, we hear very close echoes that gave rise to the original referral that this Council made in resolution 1593, 20 years ago. And I stated the pattern of crimes, the perpetrators, the parties, tracked very closely with the same protagonists, the same targeted groups as existed in 2003 and that led to the referral. It's the same communities, the same groups, suffering, a new generation suffering the same hell that has been endured by other generations of Darfuris. And this tragic, awful, and necessary preventable connection between the past and the present in Darfur emphasizes, as we say, the need and the value of the very significant progress we've seen in this reporting period. For in this reporting period, just last month, I had the honour of appearing with the members of the Darfur UNIFIL team, presenting closing arguments before the trial chamber of the International Criminal Court in the case of Mr. Ali Mohammed Abdulrahman, also known as Mr. Ali Kushayb. And that trial means an awful lot. That trial focused on crimes allegedly committed between August 2003 and April 2004. And fast forward, one sees similar crimes being committed now. But for Darfurees, this trial means a lot. Different communities, witnesses that have come to the Hague, communities we've met in Germany, in Adre, on the border, in Chad, on the border of Darfur, in Darfur itself, and even here in New York. we have affected communities in the public gallery. And it means a lot to them, they say, that they are not forgotten. They have not been airbrushed out of public consciousness. They are not invisible and their lives are not without value and their lives are as important to this Council and the covenant made as lives of people anywhere else. And this process victim after victim has underlined is not simply because of the historical significance of a trial, nor simply because of the importance of collective memory or truth-telling, but the fact that it gives victims hope that the promises made, however delayed, will be kept not only by my office or by the Court, but by you, by the Council and by the broader international community, to honour the lives, the dignity and the value of the people of Darfur. It is important, Mr. President, and I think that's a point also I've raised with the Darfuri community today and on other occasions, that the Abdurrahman case cannot be viewed as a final step. It's a beginning, a solid start, we say, to justice and accountability, but it needs support. It needs action, and definitely the impunity gap needs to be rendered smaller, and more support is needed. And to do that, we need your support. We need the support of this Council that made a very somber finding. under Chapter 7 of the UN Charter that the situation in Darfur represented a threat to international peace and security, and how prescient you were. We see 20 years later, in the absence of warrants issued by the judge of the ICC being executed, destabilization being risked in Darfur, more misery for the people of Darfur, but also a real risk to destabilize the area. So you are quite right, if I may say so, and with great respect, the finding that the situation in Darfur constitutes a threat to international peace and security was a very solid finding that led to the referral, but clearly it exists today. The same ingredients, the same conditions of threat to international peace and security, and the right of individuals to be seen and to have justice delivered to them is important and that also requires, Mr. President, concrete action to be taken in relation to the warrant issued by the ICC in relation to former President Omar al-Bashir, Mr. Hussein, and also Mr. Abdurrahman. And it's particularly important, and I've made this clear in my interactions with the government of Sudan, that the transfer of Mr. Harun will be especially impactful at this time, because also there's a very clear nexus with the trial just concluded of Mr. Abdurrahman Ali Kushayb. We believe we know where Ahmad Harun is. We have communicated that to Sudan, and we need now to find a way to deliver. on the terms of the Security Council resolution and meet the expectations, not of abstract legal principles, but on the victims, on the representatives of the Darfuri community here in this court and those thousands watching that are looking for promises made to be promises kept, for the law to apply equally and for their hell to stop, or at least for the temperature to be turned down to allow them to live without the burning conditions that they are currently enduring. There have, with respect, in this reporting period, been signs of cautious optimism regarding the cooperation with the Government of Sudan. In this reporting period, we've had further engagements with the Sudanese authorities, we've made some progress in the prioritization of requests for assistance. And I was pleased to meet His Excellency, the Attorney General of Sudan, just last month. He came with a delegation to the closing of the trial of Mr. Abdurrahman Ali Kushayb, and we had some constructive discussions with them and promises of more cooperation to come. And I think it's only right to recognize the efforts made not only by him, but by the focal point that was appointed by General Burhan following my meeting with General Burhan here in New York 18 months ago. That focal point has made a tangible, positive impact on collaboration with my office. But that progress must be consolidated and expanded in the next six months in line with the terms, the expectations, and the legal requirements of Security Council Resolution 1593. Mr. President, I've also made efforts in the reporting period to engage with the Rapid Support Forces in order to obtain information relevant to our investigations. Following a meeting with members of my office and representatives of the RSF last week, I do expect and hope and require swift and meaningful action and will be monitoring that, and I'll be reporting on whether or not that cooperation promised, those responses to requests for assistance are forthcoming in the next report. This report that we present, Mr. President, is the 40th. It's the 40th report on the situation in Darfur. Now, one can say it's taken too long, and I would agree. And too many lives have been lost, and that's true. But it underlines something very important, that the International Criminal Court is as strong as the support of states. It's as strong as the honor and the desire to fulfill the obligations of the UN Charter and enforce one of the most serious findings that can be made, namely a situation constitutes a Chapter VII meets the requirements of Chapter VII of the Charter. But it also takes us back, I think, to a time when this Council spoke with one voice to combat impunity and to try to respond collectively to suffering, to misery, to people that do feel in their daily lives they are too small to be seen by their own countries, never mind powerful institutions in New York like the Security Council. And when the Council took that action, it created a binding link, not only by referring it to the International Criminal Court as a judicial institution, but it provided and created and welded and forged an unbreakable link, or one hopes an unbreakable link, between this Council and the survivors and their families, that we are seeking collectively to serve, to put them first, not politics, to put them first, not division, to put them first and their rights to the equal protection of the promise of the law. Now, I recognize, of course, Mr. President, this is a different time. It's a different age. It's a different moment. But I hope it's not naive. And even if it is, it's an obligation to at least make a simple request. Let us not forget or completely abandon the sense of unity that this Council is capable of by putting people first, allowing the voice of people to be heard over the clamour of politics and division and strategic interests. The trial that concluded last month was a tangible reassurance to victims that they haven't been forgotten. And, Mr. President, that is something that they thank this Council for, for making the referral in the first place. But we also can't look away from the fact that if action is taken against the International Criminal Court, it will directly impact our ability to deliver on justice for the survivors, on the victims, on the people of Darfur that we've met. and that are in this building today. It's trite, it's obvious, and it's right. Individual prosecutors come and go. Individual judges come and go, like ships that pass in the night. But the ICC as an institution was established and has a special relationship with the United Nations, and is signed up to and supported by 125 state parties, to protect the rights of the most vulnerable globally and across situations for which we have jurisdiction. So my prayer, my hope, and my plea, Mr. President, is we resolve to work together to renew and reinforce the bond created between the Council and the ICC and the victims of Darfur and those that suffer so much today. And it's right, particularly today on Holocaust Memorial Day, When in this building, you have heard, so many of you have heard, the world has heard, the voices of witnesses to the awful pogroms, persecution of the Jewish people, and other minorities. Eight years ago, when Auschwitz was liberated and scenes of hell were recorded and presented in Nuremberg, and there was accountability, there was truth-telling, to honor those victims. of Auschwitz, to honor the victims of crimes that we have seen in the intervening decades, maybe on a different scale to the Holocaust, but a promise was made of never again. It is time to fulfill that promise of never again for the rights of all victims that have suffered so many crimes, whether it's in Sierra Leone or in Cambodia or in Rwanda or in the former Yugoslavia, in so many conflicts that we see today. If we can work in this new way, if for a moment politics and division can be silenced for a moment and we focus on people that are innocent and vulnerable, hopefully we will hear the cries of the people of Darfur to justice. They are in need. They are in danger. And you have already determined that they have a right, by dint of resolution 1593, they have a right to justice. It's time for us collectively to join hands and deliver on that promise to prevent this constant cycle of despair that generations of Darfuris have suffered. Thank you so much.


Algeria · President [21:58]:

I thank Prosecutor Khan for his sober briefing. I now give the floor to those members of the Council who wish to make statements. And I give the floor to the representative of Denmark.


Denmark [22:19]:

Thank you, Mr. President. Prosecutor Khan, thank you for your report, your sober briefing, and for your tireless efforts in pursuit of justice and accountability. I also welcome the presence of the representative of Sudan. Colleagues, 20 years ago, the international community took a momentous step. The Security Council referred the situation in Darfur to the International Criminal Court. Denmark, who was also at the Security Council at the time, voted in favor of that resolution. We did so as a tangible expression of our support for justice and accountability. We did so in the hope that this measure would bring an end to impunity in Darfur. It is therefore deeply distressing that 20 years later, the worst of history seems to be repeating itself, as we just heard from the prosecutor. Mr. President, allow me to focus on four key areas. First, Denmark is gravely concerned by the alarming number of reported serious violations of international law committed by all parties to the conflict in Sudan. This includes indiscriminate targeting of civilians, horrific sexual and gender-based violence, and widespread crimes against children. Such crimes are utterly unconscionable. Mr. President, my second point. Denmark welcomes the recent conclusion of the first trial at the ICC concerning the violence in Darfur. This is a major milestone. Without the referral by the Council, this trial would not have taken place. The victims and survivors would not have seen justice. We also welcome the Prosecutor's announcement of imminent new applications for arrest warrants concerning the ongoing violence that started almost two years ago. Real progress on accountability cases is important to end impunity and deter new atrocities and a precondition for a lasting peace. Third, Mr. President, collaboration is essential to securing justice and ending the cycle of impunity in Sudan. We are encouraged by the Sudanese authorities' cooperation with the Court. This is a key step towards accountability. We call on the Sudanese authorities to further strengthen its cooperation with the Court. This is particularly vital with respect to the whereabouts of Mr. al-Bashir, Mr. Hussein and Mr. Harun, following the Government's obligations under Resolution 1593. In this context, we recall that the Council also urged all other States to cooperate with the ICC on its work regarding Darfur. We also greatly appreciate the continued and indispensable support offered by civil society and affected communities to the Court. We commend the Court's initiatives to deepen this engagement. Fourth and finally, Mr. President, Denmark welcomes the important work of the Office of the Prosecutor, including outreach to victims and survivors and affected communities. We also look forward to hearing about the upcoming cooperation with the Fact-Finding Mission for Sudan, which was established by the Human Rights Council. And based on the significant field deployment of the ICC, We look forward to the swift issuance of further application for arrest warrants on the situation in Darfur. Colleagues, we must not relent in our pursuit of accountability. When it prevails, it sends a powerful message that impunity has no place in our world. It represents the bridge between the pain of the past and the hope of the future. Denmark reaffirms our unwavering support for the International Criminal Court as an independent and impartial judicial institution and fully support the Court in carrying out its mandate of ensuring justice for all the victims of the most serious crimes on international law. Denmark is committed to working for the future of the people of Sudan. You can count on our support. Thank you.


Algeria · President [26:05]:

I thank the representative of Denmark for the statement. I now give the floor to the representative of Sierra Leone.


Sierra Leone [26:16]:

Thank you, Mr. President. I thank the Prosecutor of the International Criminal Court, Mr. Karim Khan, for his comprehensive, sobering, and compelling briefing to the Council today. We extend our appreciation to him and his team for their 40th report to the Council submitted in accordance with resolution 1593. I welcome the participation of the representative of Sudan to today's meeting. This alone commends the Prosecutor and his team for their tireless efforts in advancing accountability for the most serious crimes committed in Darfur, despite increasing complex and growing challenges. We reiterate our full support for the Court's mandate and emphasize the importance of impartial, independent and timely investigations and judicial processes, particularly for crimes that shock the conscience of humanity. As we stated six months ago in our intervention in this Council, the Court is an essential pillar of the international justice system, working in close collaboration with this Council to uphold accountability and the rule of law. Today, we reaffirm our unwavering commitment to these principles and stress that justice for the victims of atrocity crimes, wherever they occur, must remain a priority for the international justice system. As a State Party to the Rome Statute, Seychelles takes this opportunity to reiterate a statement by the Bureau of the ICC Assembly of State Parties expressing deep concern over sanctions or threats of sanctions to be imposed on the Court and its personnel as well as on individuals and entities assisting the Court in investigating, arresting, detaining, or prosecuting certain individuals. The Bureau of the ICC ASP has highlighted that sanctions can significantly hinder ongoing investigations and other activities of the Court, while also jeopardizing the safety of victims, witnesses, and sanctioned individuals. The Rome Statute rightly embodies an international commitment to end impunity for the most serious crimes of concern to the global community. Protecting the integrity of the Court, including its judicial and prosecutorial independence, is essential for the Court to effectively fulfill its mandate of ensuring accountability for these crimes and delivering justice to victims in an equal manner. Mr. President, turning to the report of the Prosecutor, CLU is deeply alarmed by the deteriorating situation in Darfur, which Prosecutor Khan has described as a reproduction of the very crimes that led to the referral of the Darfur situation to the Court nearly 20 years ago. The crimes reported, including killings, pillaging, gender-based violence, attacks on internally displaced persons camps, and the targeting of civilian populations, constitute grave violations of international law and the Rome Statute. We acknowledge the significant progress in the Court's investigation into crimes committed in West Darfur since April 2023. Through field deployments to Chad and other countries, witness interviews, and extensive evidence analysis, the Prosecutor's Office reports of gathering critical evidence establishing reasonable grounds to believe that a wide range of Rome Statute crimes have been committed. We commend these efforts. including the issuance of one arrest warrant, with others expected soon. We also recognize the prioritization of crimes against women and children in this investigation, given their particularly egregious and devastating nature. We welcome the continued progress in the landmark trial of Mr. Ali Mohamed Ali Abd al-Rahman, the first trial stemming from a Security Council referral. This historical trial addresses 21 counts of war crimes and crimes against humanity, including gender-based violence and crimes against children, committed during the conflict in several West Darfur towns and surrounding areas. During the reporting period, closing arguments were completed, and the courageous witnesses shared their accounts. For the victims of ongoing crimes in Darfur, this trial symbolizes hope and is a crucial step in the pursuit of justice and accountability. We, however, remain gravely concerned by the continued impunity of key suspects. As the prosecutor highlights in his report, the ongoing violence in Darfur is directly linked to the failure to hold accountable those responsible for the crimes committed during the early years of the conflict. Addressing these past crimes is critical to breaking the cycle of impunity and preventing future atrocities in Darfur and surrounding areas. Moreover, we are deeply conscious of the dire humanitarian situation in Darfur and the surrounding regions. This immense suffering serves as a stark reminder of the human cost of failing to address the root causes of conflict. Sweden stresses that accountability and sustainable peace must go hand in hand, as only through this we can address the situation and pave the way for a lasting political resolution. We also acknowledge and welcome the cooperation extended by the Sudanese authorities and third States during the reporting period, particularly in supporting the Court's investigations and responding to requests for assistance. This cooperation, however, must extend to the arrest and surrender of suspects believed to be within Sudan, as well as taking action to ensure accountability under the complementarity principle. Fulfilling these obligations is vital to breaking the cycle of impunity and achieving sustainable peace in Sudan. We commend civil society organizations and grassroots actors for their invaluable role in preserving evidence and supporting the court's work. These partnerships are essential for ensuring that the voices of victims are heard and that justice is delivered. Similarly, We welcome the Court's continued engagement with affected communities, particularly through outreach efforts in refugee camps in Chad and other locations. These engagements are crucial for restoring trust in the international justice system and reaffirming the Court's commitment to victims' aspirations for accountability. We do encourage the Office of the Prosecutor to deepen these efforts as they are vital to ensuring the legitimacy and the effectiveness of the justice process. Mr. President, Sierra Leone underscores the inextricable link between justice and peace. As highlighted in the Prosecutor's report, accountability is not only a moral imperative, but also a prerequisite for sustainable peace in Darfur and Sudan as a whole. Efforts to address the root causes of conflict, including systemic impunity, must be central to achieving a lasting political solution. In conclusion, Seychelles underscores that attempts to threaten or undermine the work of the ICC, including through coercive measures, not only weakens international justice action, but particularly also to those related to the court's investigation in Darfur. Threatened sanctions are unacceptable, as they undermine the court's independence and impartiality, and their negative impact extends to all situations before the court. Seychelles reaffirms its strong support for the ICC and its mandate to deliver justice for the people of Darfur. We urge all Council members to fulfill their obligations under Security Council Resolution 1593 and to fully cooperate with the Court in ensuring accountability for atrocity crimes. Together, let us work to protect the most vulnerable and uphold the principles of justice and human dignity. I thank you.


Algeria · President [34:37]:

I thank the representative of Sierra Leone for the statement. I now give the floor to the representative of France.


France [34:47]:

Mr. President, first of all, I wish to thank Prosecutor Karim Khan for the briefing on his 40th report in accordance with resolution 1593 of the Security Council. France remains concerned by continued clashes in Sudan. We condemn the human rights violations and the violations of international humanitarian law perpetrated since April 15, 23. An immediate ceasefire is vital to put an end to the suffering of people. In view of the myriad allegations of crimes perpetrated in Darfur and in the rest of the country, it's vital that parties uphold commitments made in the Jeddah Declaration by taking tangible measures to strengthen the protection of civilians. Events in Sudan have very concerning ramifications for the conduct of the Court's investigations. We call upon Sudanese authorities to step up their cooperation with the Office of the Prosecutor and to honour their commitments pursuant to Resolution 1593, well as those entered into pursuant to the Juba Peace Accords and memoranda entered into with the Office of the Prosecutor. We commend the extensive deployments of the Office of the Prosecutor in the field in Chad, and namely in Adre, in order to collect testimony and material evidence. Mr. President, the fight against impunity is part of building peace in Sudan. France welcomes sustained progress made in the Abdel Rahman case. He's also known as Ali Kushayb. We welcome progress there. The decision, expected this year, will stand as a crucial turning point for the survivors and families of the victims. The conclusion of this first trial, conducted following a Security Council referral, will mark a key milestone in the fight against impunity. around crimes committed in Darfur 20 years ago. We also commend progress made in supplementary investigations into suspects for whom arrest warrants have already been issued, namely Omar al-Bashir, Abdel Rahim Hussein and Ahmed Harun. We finally welcome increased cooperation between the Office of the Prosecutor, third states and international organizations. That cooperation has facilitated progress in the Court's investigations and allowed new evidence to be gathered. Mr. President, the Court is the only International Criminal Court, with a universal vocation and permanent in nature, it must be able to work impartially and independently, without external interference. We condemn any and all attempts to intimidate the Office of the Prosecutor, including through the use of sanctions. Sanctions against court officials would have an impact on all situations, including on efforts made by the Office to investigate crimes underway in Darfur. I thank you.


Algeria · President [37:40]:

I thank the representative of France for the statement. I now give the floor to the representative of Panama.


Panama [37:49]:

Thank you, Mr. President, distinguished members of the Council. I wish to thank the Prosecutor of the International Criminal Court, Karim Khan, for his briefing on the situation in Sudan. I wish to begin by expressing the fact that Panama regrets and condemns the recent attacks which occurred this Saturday against a hospital to the north of Darfur. At least 70 patients and their loved ones were killed. We express our deepest condolences to those affected and we urge all to enforce international humanitarian law. Panama, as a signatory to the Rome Statute, recognizes and supports the work of the ICC in the quest for justice for the victims of the grave crimes committed in Darfur. The 40th report of the Prosecutor of the ICC to the Security Council, issued in accordance with Resolution 1593, indicates that the situation in Darfur remains extremely grave. The people of Darfur continue to suffer widespread violence. A growing number of attacks are being perpetrated, which themselves constitute clear violations of international law. The recent escalation in hostilities has further worsened suffering. Information received makes it clear that crimes continue to be committed at a large scale, particularly in the context of recent clashes in western Darfur. There, it has been confirmed that killings have been carried out, that attacks have been waged against IDP camps, it's been confirmed that gender-based violence has occurred, alongside crimes affecting gravely the civilian population. In the midst of this suffering on the ground, we must recognize the progress made by the ICC, and we hail progress made to hold aggressors accountable for their actions. The Court's resolve to investigate criminal responsibility surrounding these crimes is not only a necessary response in the face of the atrocious nature of the crimes, it is also key, decisive indeed, in guaranteeing long-term peace and stability in the region. Panama is committed to the principles of criminal responsibility. We support the sustained efforts of the Court to ensure that those most greatly responsible for the crimes in Darfur are brought to justice. trial of Ali Kushayb is a historic moment for the Court and for the victims in Darfur, and is a milestone indeed for the Security Council, Mr. President, Panama, as a nation. which complies strictly with the principles of international justice and criminal responsibility, believes that justice in Darfur is not only vital for victims and survivors. We also believe it is vital in order to guarantee lasting peace in the Sahel region. We stand in solidarity with the people of Darfur, who have suffered these atrocities first-hand. And we are standing in solidarity with those indirectly affected and those that continue to work for a fairer and more promising future for Sudan. I thank you.


Algeria · President [41:05]:

I thank the representative of Panama for that statement.

The floor to the representative of Pakistan.


Pakistan [41:16]:

Thank you, Mr. President. Mr. President, Pakistan welcomes the participation of the Permanent Representative of Sudan in this meeting. We would also like to thank the ICC Prosecutor, Mr. Karim Khan, for his briefing. Mr. President, taking advantage of the presence of the Prosecutor, I would like to just depart from the agenda item to make a couple of personal remarks. Pakistan is not a party to the Rome Treaty establishing the ICC. We are, of course, committed to the objective of accountability for international crimes, whether these were committed in the Holocaust whether they are committed in Darfur or whether they are committed in Gaza or Afghanistan or elsewhere. The ICC can gain global credibility if it displays inclusivity, objectivity, and impartiality. in the cases and persons it decides to investigate and prosecute. Some jurisdictions have so far been immune from prosecution for widely reported crimes, including those committed in situations of prolonged foreign occupation and intervention. This is a conversation I hope I could extend with the Prosecutor at a later date. Mr. President, we have reviewed the 40th report of the Prosecutor of the ICC to the United Nations Security Council pursuant to Resolution 1593. This is a 20-year-old mandate. We have noted the appreciation expressed by the report on the positive engagement of the Government of Sudan during the reporting period. We have also noted the progress made in the case of trial of Mr. Abdel Rahman Ali Kushayb, who voluntarily surrendered to the ICC in 2020. The work of the ICC in relation to Darfur should continue to be guided by the mandate of the Council, strictly abide by the principle of complementarity, exercise its powers independently, objectively, impartially, and in accordance with the law, and fully respect the judicial sovereignty and legitimate concerns of the Sudanese authorities. Mr. President, the conflict in Sudan has caused immense human suffering. close to a quarter of Sudan's population, at least 11 million people, have been displaced. Three million have sought refuge in fragile neighboring states. Another 25 million Sudanese face acute hunger. Countless innocent lives have been lost. The Sudanese people have seen unimaginable atrocities during the nearly two years of the recent conflict. Two days ago, more than 70 innocent lives were lost in Rapid Support Forces attack on a Saudi hospital in Al-Fasher. We extend our deepest sympathies to the victims and their families. The RSF has consistently displayed utter disregard for international humanitarian law. Similar atrocities have been committed in Al-Jenina, Al-Jazirah, Al-Fashir, Khartoum, and other places. Pakistan firmly upholds the unity, sovereignty, and territorial integrity of Sudan. We call for an immediate and unconditional ceasefire. The parties need to find a sustainable political resolution through peaceful means. The humanitarian crisis in the country needs to be comprehensively addressed. We call on the Sudanese Armed Forces and the Rapid Support Forces to engage in dialogue and diplomacy. We call on both sides to implement the commitments made under the Jeddah Declaration on protection of civilians and the facilitation of humanitarian action to meet the emergency needs of the Sudanese people. The blatant violations of international humanitarian law with impunity must stop, and the suffering of the Sudanese people brought to an end. I thank you, Mr. President.


Algeria · President [46:59]:

I thank the representative of Pakistan for his statement. And now I give the floor to the representative of the United States.


United States of America [47:07]:

Thank you, Mr. President. The United States acknowledges the efforts involved to arrange this report and briefing. The backdrop to this discussion is an ongoing siege by the Rapid Support Forces on El Fasher and the suffering of civilians trapped by armed groups. At the outset, the United States condemns the recent attacks targeting the Saudi Teaching Maternal Hospital in Al-Fasher, Sudan, that reportedly killed 70 Sudanese civilians and injured dozens more. There has been terrible suffering inflicted upon innocent civilians in Sudan in this conflict. Since the renewed outbreak of hostilities in April 2023, combatants have directed shocking cruelty and violence toward defenseless Sudanese. The brutal conflict has resulted in the world's largest humanitarian catastrophe, leaving 638,000 Sudanese experiencing the worst famine in Sudan's recent history. over 30 million people in need of humanitarian assistance, and tens of thousands dead. The Rapid Support Forces and allied militias have systematically murdered men and boys, even infants, on an ethnic basis, and deliberately targeted women and girls from certain ethnic groups for rape and other forms of brutal sexual violence. Those same militias have targeted fleeing civilians, murdering innocent people escaping conflict, and prevented remaining civilians from accessing lifesaving supplies. The other belligerent, the Sudanese Armed Forces, or SAF, has also committed war crimes in Sudan. The SAF has committed lethal attacks on civilians, including widespread bombing of civilian infrastructure, including schools, markets, hospitals, and they've committed torture and extrajudicial executions. The SAF is also responsible for the routine denial of humanitarian access. Its repeated targeting of civilian infrastructure and attacks on civilians have brought unimaginable suffering to vulnerable communities and underscores that the SAF is not a credible representative of the Republic of Sudan. The United States does not support either side in this war. Both belligerents bear responsibility for the violence and suffering in Sudan. The egregious actions of both the RSF and the SAF demonstrate the importance of a swift and durable negotiated end to the conflict. Those responsible for these terrible crimes must be held accountable. Many responsible for atrocities over 20 years ago in Sudan remain at large. We urge the international community to work to bring those individuals to trial so they can be publicly held to account for their alleged crimes. The failure to achieve accountability decades ago is one reason conflict continues to burn. Several of the current conflict's leading actors and their affiliated groups were also directly engaged in criminality in Darfur in 2003 and 2004. The very same victims, especially non-Arab groups, are again being victimized. Those responsible for alleged international crimes have used this ongoing volatile environment to shield themselves from accountability. We too have seen reports of ethnic and sex-based violence as described in the report presented today. It is important that states support evidence collection and analysis efforts. The United States will continue to lead efforts to bring this conflict to an end. The horrific acts of violence committed by the SAF and the RSF must end. The warring parties must allow humanitarian access to flow to Sudan's civilian population. It is long past time to halt the killing and to empower the Sudanese people in their pursuit of a peaceful and prosperous future. Thank you, Mr. President.


Algeria · President [51:39]:

I thank the representative of the United States for her statement. And now I give the floor to the representative of the United Kingdom.


United Kingdom of Great Britain and Northern Ireland [51:49]:

Thank you, President. Let me begin by thanking Prosecutor Khan for his 40th report on the situation in Darfur and for his briefing to the Council today. I also welcome the participation of the representative of Sudan to our meeting. I will make three points. First, the Prosecutor was clear that the conflict in Sudan has gone on for far too long. My Foreign Secretary saw the scale of the suffering for himself when he visited the Adre Crossing on the Chad-Sudan border on Saturday. As the Foreign Secretary said, this is the biggest humanitarian crisis in the world. For this reason, the UK has announced a further 20 million pounds to assist with increased food production and life-saving sexual reproductive health services for refugees fleeing Sudan. This builds on our announcement in November of the doubling of our aid to over 226 million pounds. These funds are delivering emergency food assistance to almost 800,000 displaced people. They are providing improved access to shelter, drinking water, emergency healthcare, and education. Further efforts to galvanize international support are also required. This is why my Foreign Secretary announced his intention to convene a meeting of foreign ministers to ensure aid gets to where it is needed most and to re-energise efforts to end this conflict. Second, the International Criminal Court has a key role to play in ensuring perpetrators are held accountable for crimes committed in Darfur. In that context, the UK welcomes the creation of a structured dialogue between the Office of the Prosecutor and civil society organizations. This can help ensure the voices of victims are heard. We further welcome the conclusion of the Ali Kushayb trial in December 2024. As the first trial to be concluded in a situation referred to the Court by the UN Security Council, this represents a historic milestone. We look forward to hearing updates on any further applications for arrest warrants. Third, the UK reiterates our call for full cooperation with the Court. We welcome the constructive engagement by the Sudanese authorities with the ICC during this reporting period. We further urge them to cooperate with the ICC to ensure the arrest and surrender of those subject to outstanding arrest warrants. Omar al-Bashir, Abdul Rahim Mohamed Hussein, and Ahmed Harun. Mr. President, let me conclude by reiterating the UK's continued support for the Court and our respect for its independence. It must be able to carry out its work without interference. Sanctioning the ICC in response to one of its decisions would impede its ability to carry out this important work. in Darfur, Venezuela, Ukraine, and in all situations where the Court is active. I thank you.


Algeria · President [55:20]:

I thank the representative of the United Kingdom for the statement. And now I give the floor to the representative of the Republic of Korea.


Republic of Korea [55:30]:

Thank you, Mr. President. I thank Prosecutor Karim Khan of the International Criminal Court for his comprehensive sobering report and briefing on the situation in Darfur. also welcome the representative of Sudan to this meeting. This year marks 20 years since the Security Council referred the Darfur situation to the ICC, yet violence and instability persist. We are gravely concerned that ongoing conflict since 2023 has plunged Sudan into one of the world's largest humanitarian crises. Tragically, widespread human rights violations and Rome Statute crimes, including killings and pillaging against IDP camps and sexual and gender-based violence, continue to be committed by the same actors involved in the atrocities of the early 2000s. This recurring violence serves as a stark reminder of the devastating consequences of impunity in Darfur. underscores the urgent need to uphold justice and accountability. In this vein, we support OTP's significant efforts to investigate the crimes committed during the ongoing hostilities in Sudan. We particularly note OTP's efforts in bringing applications for arrest warrants against those responsible for crimes in West Darfur. I'd like to highlight three points. First, we welcome the conclusion of the Ali Abdirahman trial, which is the first trial resulting from a Security Council referral. We look forward to judgment being delivered within this year. Although this marks just one case and its judgment has not been as timely as we had hoped, The proceedings send a powerful message that cases referred by the Security Council to the ICC will eventually lead to accountability. We also believe that this could provide some hope to civilians suffering from the ongoing violence and serve as a clear warning to perpetrators who remain beyond the reach of justice. Second, while we welcome the ongoing cooperative steps taken by the Sudanese authorities, we emphasize the need for this cooperation to address the remaining unresolved cases. The resolution of the remaining cases, including those involving high-level accused who remain at large, is key to securing accountability and breaking the cycle of violence and impunity. In this regard, we encourage the Sudanese authorities to continue their efforts to ensure prompt execution of pending arrest warrants and facilitate access for the gathering of additional evidence through constructive dialogue with the ICC. Third, we commend the Prosecutor's initiatives aimed at strengthening engagement with the civil society and affected communities to collect further testimonies and evidence. In that sense, we also welcome our gratitude to the Chadian authorities for allowing access to refugee camps within their territory. We believe that expanding such a partnership with the civil society, national institutions, and other stakeholders will significantly contribute collecting reliable evidence and ensuring accountability. Additionally, we hope to see strengthened collaboration with other mechanisms, like the Sudan International Independent Fact-Finding Mission and the Panel of Experts on the 1591 Sanctions Committee. We believe that collective efforts within the mandates of these mechanisms, such as joint investigation and data sharing, will help identify comprehensive solutions. Mr. President, We extend our deep gratitude to the ICC for its unwavering commitment to ensuring accountability through their sustained and continued efforts, even amid restricted access due to the prevailing security situation in Sudan. As a firm supporter of the ICC and the chair of the 1591 Sanctions Committee, Republic Korea remains committed to ensuring accountability delivering justice, and fostering lasting peace in Sudan. I thank you.


Algeria · President [1:00:15]:

I thank the representative of the Republic of Korea for the statement. And now I give the floor to the representative of Somalia.


Somalia [1:00:24]:

Thank you, Mr. President. I also want to thank the Prosecutor of the International Criminal Court, Mr. Karim Khan, for his briefings. Let me also extend my welcome to the Permanent Representative of Sudan. Mr. President, the report before us comes at a critical time. The devastating conflict in Sudan continues to claim numerous lives, creating an increasingly dire humanitarian crisis that demands our collective attention and action. Justice and accountability are paramount in any comprehensive approach to resolving the conflict in Sudan. The pursuit of the transitional justice cannot be separated from the process of stabilizing the country. Mr. President, I wish to emphasize the following points. First, we must explore all avenues for revitalizing the national justice institutions to support Sudan's ownership of this critical process. It's imperative that we create an environment that strengthens Sudan's capacity to administer justice, paving the way for the stability and lasting peace. Second, we must strengthen and explore existing legal frameworks, utilizing the Juba Peace Agreement despite its challenges. We must work within the framework and remain flexible in the face of the new developments. supporting the mechanism that upholds the rule of law and justice. Third, we emphasize Sudanese ownership of the justice process through regional and African framework. We must scrutinize the role of external actors in fueling the conflict and monitor those destructive roles with transparency. We recognize the significance of the cooperation between the Government of Sudan and the ICC, including the Memorandum of Understanding signed in August of 2021, and steps to incorporate ICC crimes into the national laws. We note the establishment of the National Coordination Committee headed by the Supreme Court judge and the Government's effort to investigate human rights violations. We call for continued and enhanced collaboration between ICC and the Sudanese authorities, ensuring a comprehensive approach to the accountability that respects complementarity and national sovereignty. The protection of civilians must remain our highest priority. We urge all parties to facilitate humanitarian access and support diplomatic efforts by the African Union the United Nations, and other mediators to bring the Sudanese parties to the negotiation table. The cycle of violence can only be broken through dialogue, accountability, and a genuine commitment to protecting the rights and the dignity of all Sudanese people. In conclusion, Mr. President, Somalia stands firmly with the people of Sudan and the victims of these atrocities. The situation in Sudan requires our unwavering attention and commitment to pursuing justice and lasting peace. We call for a comprehensive approach that combines judicial accountability, humanitarian support, and diplomatic efforts to bring lasting peace to Sudan. The international community must remain committed to supporting the Sudanese people in their pursuit of justice, stability, and reconciliation. I thank you.


Algeria · President [1:04:20]:

I thank the representative of Somalia for the statement. And now I give the floor to the representative of Greece.


Greece [1:04:27]:

Thank you, Mr. President. I would like to thank the prosecutor of the International Criminal Court, Mr. Karim Khan, for his very comprehensive presentation. And I welcome also the presence of the ambassador of Sudan to our meeting. Mr. President, the humanitarian consequences of the situation in Sudan, notably in Darfur, are dire. The conflict, the intense warfare between warring parties, and the escalation of hostilities further aggravate the human suffering of the Sudanese people. The United Nations Human Rights Council Fact-Finding Mission for Sudan reports thousands of killings, injuries, extensive displacements, and destruction of residential homes, hospitals, schools, and other critical infrastructure. Furthermore, we remain extremely concerned of widespread atrocities and reports of Rome Statute crimes being committed. While Greece supports all efforts aimed at dialogue and mediation, it firmly believes that there is no room for impunity. The current report of the Prosecutor is rightly pointing out that these atrocities are the result of continued impunity for crimes that commenced two decades ago and feature many of the same protagonists. Lack of accountability has fuelled and continues to fuel the perpetration of ongoing and past crimes. Mr. President, Greece has always maintained the international community should prioritize the safety of civilians. The referral of the situation in Darfur to the ICC nearly 20 years ago pursuant to Security Council Resolution 1593 of 2005, also supported by Greece during its previous tenure in the Security Council, allowed the ICC to exercise jurisdiction over crimes committed in Darfur since July 2002, although Sudan is not a state party to the Rome Statute. In view of the above, Greece, a staunch supporter of international justice and the rule of law, underscore the importance of the investigation of the Prosecutor regarding crimes committed in the course of the ongoing conflict that commenced in April 2023 between warring parties and their affiliated groups in Darfur. Mr. President, we equally wish to welcome the progress in the Abd al-Rahman case. This is a case of unique significance since it is the first related to the referral of the situation in Darfur to the ICC by the Security Council. We welcome the conclusion to a large part of the first of the four components of this Darfur referral. Mr. President, let me stress that we welcome the steps already taken from the competent Sudanese authorities regarding cooperation with the Office of the Prosecutor. Equally, we underline the importance of strengthening such cooperation regarding the request for assistance concerning ongoing inquiries. And more importantly, we stress the need to execute the arrest warrants against the fugitive in line with and pursuant to obligations stemming from Security Council Resolution 1593. We wish also to underline that unilateral measures against the International Criminal Court will impact negatively on its work regarding the situation in Darfur. Mr. President, Greece wishes to underscore the importance of the Office of the Prosecutor, prospective cooperation with the United Nations Human Rights Council Fact-Finding Mission for Sudan, to support the lines of inquiry regarding crimes in Darfur since April 2023. We also welcome the developing cooperation between the Prosecutor, the victims and civil society organizations regarding the provision of information on the atrocities committed in the context of the current hostilities. Mr. President, to conclude, Greece supports all efforts aimed at dialogue and mediation that are inclusive and reaffirms its commitments to the unity and sovereignty of Sudan, convinced that achieving a lasting peace goes hand in hand with justice. I thank you.


Algeria · President [1:07:58]:

I thank the representative of Greece for the statement. And now I give the floor to the representative of Slovenia.


Slovenia [1:08:06]:

Thank you, President. Prosecutor Khan, thank you very much for your report, and thank you for reminding us once again why justice matters. I welcome the representative of Sudan to the meeting. Mr. President, I will start by reiterating Slovenia's strong and unwavering support for the International Criminal Court. The Court and its officials must be able to continue their work independently and impartially, without threats or sanctions. International law, justice, and peace depend on it. It is crucial that this message is also sent by the members of this Council. Mr. President, regarding the situation in Darfur, allow me to make the following points. The scale of violence, mass displacement, famine, indiscriminate targeting of civilians, brutal attacks on IDP camps, sexual and gender-based crimes, and crimes against children, both in Darfur and across Sudan, has reached unprecedented levels of horror. The appalling attack on the Saudi Teaching Maternal Hospital in Al-Fasher, which reportedly claimed the lives of at least 70 people, is a grave violation of international humanitarian law and may amount to a war crime, undermining the fundamental principles that protect civilians and uphold human dignity in times of conflict. And I repeat, 70 people in maternal hospital. How could this ever be justified? As the prosecutor has noted, a wide range of crimes under the Rome Statute have been and continue to be committed against the people in Darfur. We reiterate our urgent calls for all parties to immediately and unconditionally cease the hostilities. We remind all parties of their obligation to respect international humanitarian law in all circumstances and at all times. And those responsible for its violations must be held accountable. In this regard, we recognize the progress made by the Prosecutor in his investigation in West Darfur and efforts to collect and preserve evidence of alleged crimes in North Darfur. We commend and encourage continued focus be given to crimes against children and to sexual and gender-based crimes. We note the intention of the Prosecutor to apply for additional arrest warrants, and we call on all States to ensure immediate execution of all arrest warrants, in line with Resolution 1593. It is high time for steps to be taken that can be felt by those on the ground and to stop delaying justice. We commend the continued efforts of the Prosecutor to deepen engagement with the civil society and welcome new initiatives in this regard. We call for further support, including financial, for the civil society organizations seeking to engage with the Court. Victim-centered approach. while ensuring protection and support, empowers survivors, and is extremely important for the people in Darfur. Mr. President, we are particularly struck by the observation in the Prosecutor's report that the crimes ongoing in Darfur are a reproduction in the types of criminal conduct, the affected communities, and the alleged perpetrators of the atrocity that this Council referred to the ICC over two decades ago. Do we need more evidence that without justice, we cannot achieve lasting peace? The force shows that impunity only breeds further atrocities, and the repetition is a grim reminder of the costs of inaction. Two decades ago, the Council showed its resolve and acted. And despite differing views on accountability mechanisms, surely we can agree that atrocities must stop. We acknowledge the reported improved cooperation of the Government of Sudan with the Office of the Prosecutor and strongly urge Sudanese authorities to promptly implement all outstanding arrest warrants. Mr. President, without the Security Council referral and without the State's cooperation, the Ali Kushayb trial would not have happened. Its conclusion will mark an important milestone in the cooperation between the Council and the ICC, which further proves that for peace we need justice. It is a strong message to victims, to survivors, and to perpetrators that impunity would not be tolerated. I thank you.


Algeria · President [1:12:43]:

I thank the representative of Slovenia for the statement. And now I give the floor to the representative of the Russian Federation.


Russian Federation [1:12:52]:

President, To begin, we'd like to say that the Russian Federation would like to dissociate itself from the invitation of the so-called prosecutor of the so-called International Criminal Court, the ICC, a British national, Mr. Hahn, to participate in today's meeting. We do not recognize this body, which makes a serious contribution to discrediting the very notion of international justice. have serious questions regarding the head of this pseudo-body, including ethical questions. Already in November, we drew everyone's attention to allegations of sexual harassment made against this official by a young female colleague. Back then, on the pseudo-court's website, there was even information published about an investigation being launched into these allegations. Yet there are no news about the outcome. Our organization has a zero-tolerance policy vis-a-vis sexual harassment. Why is Mr. Han speaking before the council today, then, in our view, he should have taken a break for the investigation to be conducted, yet it wouldn't come as a surprise if this case as well. brushed under the carpet. The ICC does not deem it necessary to fight against the impunity of its own officials. We all remember how an internal investigation conducted by this body into the fakes in the Gaddafi case turned out to be a farce. There was neither a report nor any conclusions drawn. And by the way, we're interested in finding out where the reports that came out of that internal investigation are. No one was held to account. And yet, these allegations, which were new to be known to be false, were used by NATO countries to justify their military aggression against Libya. We stand convinced that justice will prevail and that ICC officials who are complicit in the destruction of this Arab country, Libya, just like the pseudo-legal body itself, will be held to account eventually. We propose that anyone who has information about this to come forward and to make that information public. On the whole, we see no use coming out of the ritual listening to the empty reports of the ICC. This body in Libya, in Darfur, has for many years been imitating a flurry of activity. It's using the Council to raise its own profile. Meanwhile, we Council members twice a year have to lose time, time we could have spent on addressing numerous, truly important issues in our agenda. We back the endeavour of combating impunity, and yet the ICC and its activities lost any link to the work of meeting out justice long ago. Without fail, it's a political that's being commissioned and is being performed. The IC's backers have an on/off button, it would seem, and they use it deftly. Thus, no later than in November 2024, the US representative speaking at the Security Council during our consideration of Mr. Hahn's report about the situation in Libya made complimentary remarks about the ICC and promised to support the court as much as possible. Such assurances were made against the backdrop of the US law, the American Servicepersons Protection Act, which international lawyers call the Hague Invasion Act. This document allows for the use of any means, including the use of military force, to free US citizens and the citizens of allied countries apprehended on ICC arrest warrants. No more than two months passed. since the U.S. representative spoke in support of the ICC when the Congress's House of Representatives passed a bipartisan bill about sanctions against ICC officials linked to the issuance of arrest warrants against the Israeli leadership. A new law, this new law allows for sanctions against officials involved in investigations of crimes committed by U.S. nationals or their allies and those providing direct or indirect support to the ICC. This is particularly interesting because this pseudo court enjoys the support of the The US, which together with its allies is bankrolling investigations in Ukraine. To do this, they even amended their own legislation, used to prohibit any cooperation with the ICC, given it was examining the issue of crimes committed by US servicemen in Afghanistan. So what do they do now? Should they sanction themselves? A similar law, by the way, was adopted by the Brits. whose special forces in Afghanistan stood out owing to their blood-curdling atrocities, the atrocities they committed, including extrajudicial executions against civilians, including children. On the 8th of January, the New York Times published an extensive article about this. It's noteworthy that over 10 years have elapsed since the events, yet not a single British military serviceman, not to mention any commanders or political leaders, have been held to account for their atrocities. Instead of executing them, the British leadership is advising everyone not to spread rumors. Surprisingly, this is doing nothing to prevent the UK from referring to the principle of complementarity and proclaiming that it's supposedly capable of investigating these crimes itself. What's truly important is for the ICC, is that the ICC, as soon as Washington and London call it out, hastily and immediately wrapped up the preliminary examination of war crimes committed by NATO in Afghanistan and Iraq. No one was held to account for the deaths of hundreds of thousands of civilians. For this reason, we harbor no illusions about whether this politicized, corrupt, and deceitful structure can achieve justice for Gazans. Western countries turned the ICC into a mechanism for pursuing their own political interests and neocolonial paradigms long ago. Selective justice has become the new norm for them. In some instances, they're unanimous on the basis of bloc discipline. In other instances, when it comes to prosecuting their own nationals or their allies, they begin talk of the need to respect immunities of high-ranking state officials, of states which are not parties to the Rome Statute. Statements made by European leaders in reference to ICC arrest warrants against the Israeli leadership are particularly telling. They show that they divide everyone into us and them. For the prior Legal immunities are recognized and respected. For the latter, they are denied. International law doesn't work that way. This situation proves what we said earlier. The collective West, on trumped-up grounds, is supposedly fighting impunity, but attacking not just immunities, but what they're supposed to guarantee, the principle of sovereign equality and the political independence of states. So these are the very foundations the UN was founded on. President, turning to Darfur, the ICC's activities, an imitation of an investigation. is an excellent example of its catastrophic ineffectiveness and uselessness, the uselessness of this pseudo-Themis. What all of these fighters against impunity, so-called, managed to achieve since the Darfur cases were referred to the ICC in 2005 was one trial with just one accused individual. We see no grounds for anyone continuing to praise this so-called achievement. The politicized activities of the ICC did nothing to foster a peaceful settlement in Darfur. On the contrary, Issuing the by issuing an arrest warrant against a sitting head of state in violation of generally recognized norms about the immunities of top officials, this pseudo-court made a political compromise more difficult and provoked tensions on the African continent. The deterioration of the situation is an excellent demonstration of how divorced from reality this idea is, the idea that ICC justice is supposedly important for sustainable peace. This body, for 20 years, has been thwarting the Security Council's referral for an investigation into the events in Darfur. Today, all of a sudden, it's interested in this situation, which no one actually referred to. Clearly, the ICC is unabashedly straying beyond the confines of the mandate in violation of Security Council Resolution 1593. We'd, therefore, like to once again call for all responsible states to withdraw the Darfur file from the ICC before its politicized independent action results in catastrophic consequences. All that this pseudo-court is capable of is serving as a neocolonial instrument, furthering the interests of wealthy Western countries. It comes as no surprise that the ICC has unswervingly turned a blind eye to the crimes committed by its patrons. We are convinced that the only way to achieve a sustainable and peaceful settlement in Darfur is inclusive intra-Sudanese dialogue. It is only through an open discussion on an equal footing, taking into account the interests of all parties to the conflict, that we can create the conditions for a genuine national reconciliation process. The politicized activities of the ICC only preclude this. If there's anyone who can manage to mete out justice, it's the Sudanese themselves. Our job is to provide them with support, fully-fledged support and assistance. I thank you.


Algeria · President [1:22:13]:

I thank the representative of the Russian Federation for the statement. And now I give the floor to the representative of Guyana.


Guyana [1:22:21]:

Thank you, Mr. President. And I thank you, Prosecutor Karim Khan. for your presentation of the 40th report pursuant to Security Council Resolution 1593, and indeed for your sobering briefing. I also welcome the participation of the Permanent Representative of Sudan in today's meeting. Guyana welcomes the report on the implementation of the mandate in Resolution 1593. We note in particular that the trial of Abd al-Rahman is the first trial to be completed based on a referral by the Security Council for crimes committed in Darfur over 20 years ago. We commend the Office of the Prosecutor for the efforts in bringing the trial to conclusion and look forward to the delivery of the decision this year. Mr. President, it is recognized that the advancement we are seeing in addressing crimes committed two decades ago, comes at a time when the people of Darfur are enduring another wave of immense suffering. We are deeply concerned that since commencement of armed hostilities in April 2023, the situation in Darfur has continuously deteriorated, with allegations of numerous crimes, including killings, pillaging, attacks against internally displaced persons camps, indiscriminate targeting of civilian populations, gender-based crimes, and crimes against and affecting children. We note the Prosecutor's report of ongoing investigations and that sufficient evidence has been collected to confirm that there are reasonable grounds to believe that a wide range of crimes under the Rome Statute has been committed and continue to be committed in Darfur. and that final steps are being taken to present applications for arrest warrants with respect to those responsible. Guyana underscores that accountability is necessary for delivering justice for victims, holding perpetrators to account, and preventing future atrocities. The swift investigation and prosecution of crimes can help to stem the current wave of terror in Sudan. We agree with the report's statement that, and I quote, "Lack of accountability for past crimes emboldens the perpetrators of today," end of quote, and that the just concluded trial of Abdel Rahman is not only of value in relation to past crimes, but can also impact the current situation. We are encouraged by the report of cooperation between the government of Sudan and the Office of the Prosecutor. particularly the efforts of the government to respond to requests for assistance from the ICC, both in the context of investigations into ongoing crimes and the old cases. However, we emphasize that cooperation must also extend to the arrest and surrender of the outstanding suspects. We also urge the national authorities of third states to provide the necessary cooperation and assistance to the Office of the Prosecutor, and note in this regard the facilitation provided by the Chadian authorities. We commend the Office of the Prosecutor for the continued engagement with civil society organizations, affected communities and victims, recognizing their crucial contributions to the investigations. Mr. President, as efforts continue to seek justice for the people of Sudan, Guyana reiterates its call for an immediate ceasefire and the resumption of the process towards reaching a lasting and inclusive political solution in Sudan. We further reiterate that the parties to the conflict must respect international law, including international humanitarian law and human rights law. Mr. President, Guyana underscores the critical role of the International Criminal Court as an independent and impartial judicial institution. The ICC represents the commitment of the international community to never allow heinous crimes, such as those committed during World War II, to go unpunished. We are deeply concerned about the recent sanctions imposed against the officials of the Court and emphasize that these measures are likely to obstruct its ongoing investigations into crimes, potentially delaying or denying victims across the world the justice they are anxiously awaiting. We are also concerned of the impacts of such measures on our overall efforts to end impunity. We reiterate that the officials of the Court, its personnel, and those cooperating with it must remain free from sanctions, threats, and intimidation. I also take this opportunity to emphasize the role of the Security Council in promoting justice for victims and accountability for grave crimes as necessary measures to address threats to international peace and security. In closing, Mr. President, Guyana reaffirms its unwavering support to the International Criminal Court and the Office of the Prosecutor. I thank you.


Algeria · President [1:27:45]:

I thank the representative of Guyana for the statement. And now I give the floor to the representative of China.


China [1:27:54]:

President, I've listened carefully to the briefing by Prosecutor Karim Khan. I welcome the Permanent Representative of the Sudan to today's meeting. China has taken note of the Prosecutor's 40th report on Darfur. In line with the content of the report and the current situation in the country, I wish to make the following three points. First, China's position on ICC remains unchanged. Currently, the handling of some of the cases referred to the court by the Council is entering a critical stage. We hope that in the next phase of its work, the court will continue strictly abide by the principles of complementarity under the Rome Statute, maintain its independence, objectivity, and impartiality, genuinely respect Sudan's national judicial sovereignty, and fully consider the reasonable views of the Sudanese government. When dealing with international and regional hotspot issues, it's important that ICC apply international law on an equal footing and avoid politicization and double standards. Second, ICC should strengthen its cooperation with Sudan. We welcome the cooperation between the Sudanese Government and the Prosecutor's Office on the Darfur dossier, as mentioned in the Prosecutor's report, including a visit to ICC by a delegation headed by its attorney general and responses provided to multiple requests for assistance in investigation. In the course of the investigation and the judicial proceedings, the Court should strictly follow the mandate of the Council, fully consider the complexity and the sensitivity of the current situation in the country, and ensure that any actions taken are fully communicated and coordinated with the Sudanese government. These actions should contribute to the ultimate resolution of the Sudan issue and should stay clear of inappropriate involvement that might exacerbate the current tensions. Third, the international community should make greater efforts to de-escalate the situation in Sudan. The current conflict has persisted for almost 22 months, resulting in an ever-dire humanitarian situation. China calls on all parties to the conflict to implement relevant Council resolutions, achieve cessation of hostilities as soon as possible, and resolve their differences through dialogue to avoid an even greater humanitarian crisis. The international community should intensify its mediation efforts and adopt innovative approaches to help Sudan restore peace and stability at an early date, hence jointly safeguarding the sovereignty, independence, and the territorial integrity of the country. Thank you, President.


Algeria [1:30:28]:

I thank the representative of China for the statement. I shall now make statement in my capacity as the representative of Algeria. I.

Thank you, Prosecutor of the International Criminal Court, for your briefing. I thank you, Mr. President. I also wish to welcome the Permanent Representative of Sudan to this meeting. Twenty years ago, the Security Council decided to refer the situation in Darfur to the International Criminal Court, and today We are considering the 40th report of the ICC in accordance with resolution 1593. Bringing about justice and criminal responsibility remains essential in establishing a holistic approach which will make it possible to resolve the conflict in Sudan. In this connection, I want to make the following points: 1. We must guarantee that there is complementarity between transitional justice, accountability and peace-building efforts in Sudan, and namely in Darfur. We must do everything we can to lend new momentum to and strengthen judicial structures, with a view to supporting national ownership of this process. In this regard, we commend the adoption by the Government of Sudan of a national plan for the protection of civilians in Sudan. This plan is, inter alia, based on the principle of the rule of law and human rights. It is appropriate to examine all available frameworks and take them into consideration in terms of establishing which are the appropriate means with which to administer transitional justice in a holistic fashion and with the Sudanese leadership in charge. In this context, the African Union, through its bodies and its structure, is an important framework. That framework will make it possible to create appropriate mechanisms with which we can pursue our goals. Three, it would also be appropriate to take account of recent developments in Darfur as well as specific dynamics at play in Sudan because failing the RSF's failure to comply with resolution 2736 of the Security Council by retaining a blockade over Al-Fashir and they're showing blatant disregard for our Council's resolutions. All of this is a source of grave concern for us. Clashes continue in Al-Fashir, which is home to hundreds of thousands of residents. and that is leading to unsustainable ramifications for both civilians and their infrastructure. In this connection, the last functioning hospital in El-Fasher city was the target of drone attacks last Friday. Those attacks claimed more than 70 civilian lives. Moreover, Finding a lasting solution to the conflict will not be within the reach of the international community if we don't put an end to foreign intervention in Sudan. For that reason, we once again appeal to condemn these interventions explicitly and in unequivocal terms. Ladies and gentlemen, dear colleagues, Darfur and Sudan, more broadly speaking, witnessing unprecedented escalation in several regions with an increased risk of the conflict spilling over into neighboring countries. For that reason, we reiterate our appeal for an immediate unconditional ceasefire, which will make it possible to pave the way for a Sudanese political process, a process which will be genuine and targeted. We commend the measures recently taken by the government of Sudan, and we urge parties concerned to continue to facilitate the delivery of humanitarian aid and to ensure that that can continue over time. To conclude, we reiterate the need to protect innocent civilians in Sudan and to promote dialogue. Thank you.


Algeria · President [1:35:08]:

I now give the floor to the representative of the Sudan.


Sudan · Permanent Representative [1:35:17]:

In the name of God, the Merciful, the Compassionate. Thank you, Mr. President. I would like to thank the Prosecutor for his comprehensive briefing and for the 40th report, which recognizes the progress in cooperation and positive engagement with the Government of Sudan through the assistance requests to investigate the old and recent crimes in Darfur. We, uh, also recognized that he mentioned the meeting with the, uh, Sudanese team and the positive efforts of the contact point, which played an important role. to reinforce legal complementarity and cooperation. Mr. President, the situation in Darfur was referred by the Security Council to the ICC pursuant to Resolution 1593 of 2005, based on the Council's mandate under Article 13 of the Rome Statute. And I would like to mention that we have lost many years since the referral decision in 2004 and until May 2021, because there was no cooperation with the court back then. And we started engaging through the signature of an MOU between the government of Sudan and the office of the prosecutor in August 2021. Furthermore, we decided to adhere to the Rome Statute creating the ICC. However, Sudan hasn't ratified yet the Rome Statute of 2002. We have also introduced legal amendments to introduce the four crimes which fall under the criminal jurisdiction of the ICC, to introduce them to the national laws, including the Penal Code of 1991, the Law of the Armed Forces of 2007, and the Criminal Procedures Code of 1992. As part of this cooperation, the Office of the Prosecutor visited Sudan several times. They met high-level officials. They also visited refugee camps in the states of Darfur. In August 2022, the public prosecutor presented his briefing to the Security Council from the capital, Khartoum. And this was a precedent in the history of the court, and it reflected the political will to engage with the ICC as part of the principle of legal complementarity, which grants the Sudanese jurisdiction primacy over the ICC, which should be a last resort. Um, as part of our attempts to regulate cooperation, the President of the Transitional, um, Sovereignty Council issued, uh, decision number 191 to establish a committee that coordinates the, the relationships between Sudan and the Office of the Prosecutor. We have also facilitated the entry visas to the prosecutor's team, and the foreign minister instructed our embassy in The Hague to grant them visas whenever they ask for. Thanks to the ongoing communication between the committee and the office of the prosecutor, the committee prepared replies to the outstanding requests since 2020. The Office of the Prosecutor recognized in written that cooperation and included it in the 39th report as well as in the executive summary of the current report. Mr. President, to fight impunity, which was mentioned by several delegations today and regarding the horrors and grave violations of human rights and international humanitarian law and the war crimes, the government established national legal mechanisms as follows: an investigation committee to investigate the violations of the Rapid Support Forces, chaired by the public prosecutor; a committee to monitor the violations affiliated to the National Commission for Human Rights, and we have also developed applications for notifications of the armed forces of, uh, and the police, which includes various aspects of the documented violations, such as the occupation of houses and indiscriminate checkpoints. Sexual violence is a war crime and we should hold their perpetrators accountable, 95% of these crimes were perpetrated by the rapid support forces. The number of children affected by these violations, including the killed, injured, forcibly displaced, the missing, and the forcibly recruited, is around 26,470. The number of citizens who were forcibly displaced owing to the actions and violations of the militia is around 14,197,735 civilians. The number of women and girls affected by these horrors and violations amounts to 216,000. The number of civilians killed in the context of crimes of genocide and war crimes in El Genena, west of Darfur, perpetrated by the Rapid Support Forces, exceeded 5,000. The number of civilian injured in El Genina exceeded 8,000. The number of the forcibly kidnapped by the militias exceeded 5,000, in addition to those detained in special detention sites. Some of them were released in the past two days when the armed forces were able to free the headquarters of the general commandment. The number of stolen cars in the Interpol stolen vehicle database amounts to 27,378. The number of inmates who fled prisons amounts to 19,790. The number of central prisons is 31. The number of banks that were looted is still being calculated, but initial statistics refer to more than 26 banks. The number of countries that have participated through mercenaries and migrants in these crimes are 13 states. The number of lawsuits that have been filed against the commanders and members of the rebel militia is 38,427. The total number of the suspects that were arrested have reached 1,329 suspects, 1,218 cases or criminal proceedings were referred to ordinary courts, and the total number of hearing sessions in the various states have reached 2,598. More than 423 criminal proceedings have been adjudicated, while 795 are still pending before the courts. 375 search warrants have been issued. some of whom have allegedly committed or incited to commit crimes. We have addressed the Secretariat of Interpol and the Data Management Division and Criminal Pursuits to issue red notices and arrest warrants against 16 fugitives to prosecute them internationally before prosecuting them before national courts. There are many women and children among the detainees. There are many missing women, and we now have more than 500 missing women. As for the legal nature of cooperation, we have signed an MOU between the government of Sudan and the Office of the Prosecutor, taking into account Article 86A of the Rome Statutes pertaining to non-state parties, in order to provide the assistance provided for by Chapter VII pertaining to cooperation with the ICC and the prosecutor, and to provide assistance in the investigation done by the court inside Sudan, and also to surrender and transfer the suspects against whom arrest warrants have been issued. And it is worth noting that one of those is being tried currently in The Hague. The MOU paves the way for mechanisms of cooperation between the two parties. However, this requires specific provisions in the national legislations, and it also requires a legal reform which hasn't been completed yet in the context of the current transitional justice. And I would like to mention that the extradition should take place in a permanent legal context and not a provisional context, as is the case currently, considering the political transition and its challenges. Therefore, the Prosecutor can discuss with the central authorities in Khartoum this issue when he visits Sudan next month. As for the legal basis of cooperation, a full and comprehensive cooperation requires the ratification of the Rome Statute based on the Sudanese law. The cooperation request must mention the legal grounds as well as details of the facts and the whereabouts and identities of individuals. The government of Sudan deals with the ICC as it deals with any intergovernmental organization or diplomatic missions, and there are no restrictions imposed on the communication of movements or activities of the Court. Executing the cooperation requests based on Article 99A of the Statute take place in a timely manner as per our national legislation. And it is worth noting that Article 93 of the Statute, Rome Statute, allows the government of Sudan to reject cooperation requests in full or partially if the request has to do with submitting documents or revealing evidence that affect our national security, and the government of Sudan can lift this confidentiality requirement when needed. The Sudanese judiciary will play a role in the hybrid investigation that will take place in cooperation with the ICC based on the principle of legal complementarity. There are also procedures pertaining to consensus, amends, and medical and psychological care. Criminal investigation is complex. It requires an integrated legal and judicial framework to confirm the facts, to disclose them, and to preserve the rights of the accused. This requires a stable legal system that is not available now owing to the current war. The legal reform has started in the Sudan, but hasn't been completed yet. Mr. President. Fair judicial treatment requires a judicial policy, and it requires an integrated criminal justice system that does where there is no contradiction between the law and the commitments of Sudan on the international level. This in turn requires inclusivity and a need to take into account the cultural diversity in Sudan, hence the need to guarantee the participation of grassroots and stakeholders, including women and children. Criminal justice should not be partial, and our long-term objective is to end impunity. This agenda coincides with our vision of national security, which should aim at being inclusive, and this cannot be ideally achieved during the war. The constitution stipulates in Paragraph five, the need to reform the state institutions and to hold accountable the perpetrators of the various crime from the officials of the previous regime. This requires an organizational structure and also requires the exchange of legal expertise to guarantee the alignment with the internationally recognized investigation methods. We had started doing that, but we stopped because of the current war. We also amended the criminal procedure code and the penal code to add war crimes, crimes against humanity, and genocide.

A high-level delegation consisting of the Attorney General of Sudan, who is the chair of the National Committee to Investigate Crimes and Violations of International and Domestic Law, as well as the chair of the Coordination Committee, visited the ICC upon the invitation of the Office of the Prosecutor from 9 to 13 December 2024. We discussed the efforts and the collaboration between the two sides and reiterating the need for and the existence of political will to collaborate with the prosecutor regarding the ongoing investigations carried out by the National Committee to investigate international and domestic law violations and crimes since the start of the aggression in Sudan in April 2023. The Coordination Committee continues to coordinate with the Office of the Prosecutor and also made all the necessary arrangements and measures to receive the delegations from the Office of the Prosecutor, facilitating their meetings with senior officials in the state. We also responded to the requests regarding the April 2023 atrocities and crimes in Darfur, as well as the logistical support for the defense witness in the case of Ali Khushayb in Sudan. The delegation attended the closing statements in the aforementioned case. The Committee is conducting a high-level visit to the states of River Nile, Kasla, Gadarif, and Shimali, as well as visiting some countries to interrogate some of the witnesses in the framework of implementing requests submitted by the Office of the Prosecutor. We also extended an official invitation to the Office of the Prosecutor to visit Sudan. Despite the fact that the core team visited the borders in Chad, the National Committee was not allowed to do that by the Chad authorities. We have agreed with the Office of the Prosecutor to have a positive and constructive approach in terms of shouldering joint responsibility in achieving justice for victims and to investigate the situation in Darfur through also African and national mechanisms, or through a last resort, through the ICC. President Abdel Fattah al-Burhan reiterated his openness and his readiness to reach an agreement regarding joint judicial action and achieving progress in that action. The Sudanese authorities facilitated access of the prosecutor to witnesses, and we reiterated the need to discuss the ideal judicial model regarding these cases. We also reiterated that the public prosecution is independent from the executive authority. We also presented the crime of aggression against Sudan through the conspiracy of some countries in the region and the use of mercenaries from Latin America. Sudan looks forward for the court to start investigation in the Darfur atrocities that continue to be under the judicial jurisdiction of the ICC. Sudan responded to 48 requests and questions submitted by the Office of the Prosecutor as much as possible during the war of aggression, despite the limitations on movement, as well as the targeting of civilian facilities, the infrastructure, government institution, the burning of files, and the scarcity of financial resources. We also discussed the need to invoke the competence of the ICC regarding the crime of aggression against Sudan, supported regionally by some of the countries. who contributed through criminal partnership or criminal conspiracy in the war crimes, crimes against humanity, ethnic cleansing, and genocide in Darfur, targeting specific ethnicities in order to eliminate them, motivated by, among others, ethno-supremacy. The jurisdiction of the ICC is much wider than that of the domestic jurisdiction, and therefore Sudan asked for the starting of investigation in the ongoing crime of aggression internally and externally. Sudan has enhanced the cooperation with the ICC in the framework of legal and judicial complementarity while respecting the sovereignty of Sudan and respecting the justice system in Sudan in order to prevent impunity and also to achieve justice for the victims. The National Committee is investigating in crimes and violations of domestic and international humanitarian law through the Interpol, there are atrocities and violations by the Rapid Support Militias who are documenting these atrocities by themselves, including 966 cases of rape against the Masalit. Their leader addressed this Council in this regard about these atrocities. In terms of the comments from the Coordination Committee regarding the report, the Coordination Committee said the following: The Prosecutor of the ICC commended the cooperation with the Committee in his 39th report, but the report did not address the effective collaboration with the Office of the Prosecutor regarding the defense witness in the case of Ali Kushayb. There was also overlooking of the fact that there was collaboration regarding a suspect in Central Africa, but the committee has made a lot of efforts to reach to that suspect, but were unable to do that. The report pointed out the Sudanese government had responded partially to eight requests, and in this regard, we need to say the following: the request regarding the ownership and the information on the ownership of planes that landed in Al-Fasher airport in 2003. By going back to the competent authorities that these records and documents were destroyed completely as a result of the war. And we have responded to the Office of the Prosecutor regarding that because this request cannot be responded to as a result of a force majeure. Another point was the information regarding the contacts and the telephone calls between the leaders and others since the start of the war on the 15th of April 2023. But the communication tower was destroyed, and therefore it was impossible to respond to the request of the ICC. There was also a request regarding the minutes of the meetings of the Security Committee in Al-Fasher for the period 2003 and 2005. However, these documents are non-existent anymore, and therefore it is impossible to respond to this request. We have overcome all the difficulties and we have cooperated with the Office of the Prosecutor, despite all the difficulties of the situation since the 15th of April 2023. There is a need to cooperate with the ICC in general, and we will continue to do that. And thank you for your attention.


Algeria · President [1:55:58]:

Of Sudan for the statement. There are no more names inscribed in the list of speakers. This meeting is adjourned.