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The Darfur Consortium An African and International |
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Statement on the Presentation of Evidence by the Office of the Prosecutor to the International Criminal Court (February 28, 2023) We, the undersigned international, African, and Sudanese NGOs, journalists, and lawyers, welcome yesterday’s presentation of evidence by the International Criminal Court’s Prosecutor to the Court’s judges as an important step forward in combating impunity and building the rule of law in Sudan. The International Criminal Court (ICC) is the first and only permanent and independent international institution with jurisdiction over the most serious international crimes: crimes against humanity, war crimes, and genocide. The Court will, however, only become involved where national jurisdictions are unwilling or unable to effectively prosecute perpetrators of these grave crimes. Encouraging the strengthening of national systems through the operation the Court has been a fundamental goal of the Court from its inception. To date the Sudanese government has failed to stop the commission of severe violations of international human rights and humanitarian law in Darfur and has not effectively prosecuted those responsible. We therefore welcome the efforts of the international community to promote the vital process of accountability in Sudan through support for the ICC. We also call on the people and the government of Sudan to ensure that the Sudanese judiciary and Sudanese criminal justice system fulfill their primary responsibility to pursue accountability for international crimes committed within Sudan’s territory. We urge the Sudanese authorities to see cooperation with the Court as part of this responsibility—as well as its obligations under international law. Sudan is a signatory to the Rome Statute establishing the ICC and is therefore bound to refrain from actions which undermine the object and purpose of the treaty—which includes any effort to undermine the Court’s ongoing activities. As the first steps in the first prosecutions in the ICC Darfur referral get underway, we call upon the international community to take commensurate responsibility for the protection of victims and witnesses who will contribute to the trial process. Although the primary responsibility for the protection of civilians in its territory rests with Sudan, the announcement of charges against particular individuals may create unique threats. The international community should stand ready to provide all necessary assistance to those persons who require international protection. Although the evidence presented today relate to events which unfolded in Kodoom, Bindisi, Mukjar, and Arawala, we remind the Court, the Government of Sudan and the international community that crimes which come under the jurisdiction of the ICC continue to be committed daily in Darfur. The violence and the violations have now spread to Chad and the Central African Republic (CAR)—both State parties to the Court’s Statute. We urge the Court to continue to monitor the situation in Darfur, related violence in Chad and CAR and conduct additional investigations and bring appropriate cases before its judges as appropriate. Today’s announcement is a watershed moment for justice in Darfur, and Sudan as a whole. It is also the beginning of a long process of building accountability, security, and ultimately, reconciliation, for the people of Sudan, a task which will require the support of many actors. We call on the Government of Sudan and other governments in a position to assist to fully cooperate with the Court. We call on civil society inside and outside Sudan to support the process of justice both through the Court and more broadly throughout Sudan. And finally we call on the Court itself to ensure that its proceedings are fair and impartial and bring to justice those most responsible for international crimes in Darfur. Achieng Akena, Lawyer, Kenya/Uganda ** |
Member Organizations: Action Professionals Association for the People Aegis Trust Rwanda African Centre for Democracy and Human Rights Studies African Center for Development African Society of International and Comparative Law African Women's Development and Communications Network (FEMNET) The Ahueni Foundation Alliances for Africa Amman Centre for Human Rights Studies Andalus Institute for Tolerance Anti-Slavery International Arab Program for Human Rights Activists Cairo Institute for Human Rights Studies Centre for Minority Rights Development (CEMIRIDE) Centre for Research Education and Development of Freedom of Expression and Associated Rights (CREDO) Citizens for Global Solutions Conseil national pour les libertés en Tunisie Darfur Alert Coalition Darfur Centre for Human Rights and Development Darfur Relief and Documentation Centre Egyptian Organization for Human Rights La Fédération Internationale des Droits de l'Homme Femmes Africa Solidarité Human Rights Centre, University of Pretoria Human Rights First Human Rights Institute of South Africa (HURISA) Institute for Human Rights and Development in Africa Inter-African Union for Human Rights (UIDH) Interights International Commission of Jurists International Federation for Human Rights (FIDH) International Refugee Rights Initiative Justice Africa Justice and Peace Commission Lawyers for Human Rights Lebanese Association for Democratic Elections Legal Resources Consortium-Nigeria Ligue Tunisienne des Droits de l'Homme Makumira University College, Tumaini University Minority Rights Group National Association of Seadogs Open Society Justice Initiative Pan-African Movement People Against Injustice (PAIN) Rencontre Africaine Pour la Defense des Droits de l'Homme Sudan Organization Against Torture Socio-Economic Rights and Accountability Project (SERAP) Sudanese Refugee Association in South Africa Syrian Organization for Human Rights Universal Human Rights Network WARIPNET World Organization Against Torture
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