Sierra Leone Statement at the UN Security Council Briefing On The Reports Of The Secretary-General On The Sudan And South Sudan – The Darfur Situation (International Criminal Court-ICC-Sudan)

Sierra Leone Statement At The United Nations Security Council Briefing On The Reports Of The Secretary-General On The Sudan And South Sudan – The Darfur Situation (International Criminal Court-ICC-Sudan)

BY  
H.E. DR. MICHAEL IMRAN KANU 
AMBASSADOR & PERMANENT REPRESENTATIVE

I thank the Prosecutor of the International Criminal Court (“ICC” or “the Court”), Mr. Karim Khan, for his valuable and sobering briefing. I also thank the Prosecutor and his team for the 39th report of his Office to the Security Council. 

Sierra Leone commends the Prosecutor’s work and assures him and his team of our full support. We emphasize the importance of independent, impartial, and swift investigations in all cases and situations for which the ICC has jurisdiction, particularly those related to today’s briefing. 

In our maiden statement on this agenda item six months ago, we highlighted the ICC’s role, alongside the Security Council, in ensuring accountability for atrocity crimes and promoting peace. Today, we reiterate our commitment to these principles, emphasizing and prioritizing accountability during our Security Council tenure. In the face of threats and attacks, Sierra Leone reaffirms its unwavering commitment and support for an independent, impartial, and effective ICC.  

Colleagues,  In turning to the 39th report of the ICC Prosecutor, Sierra Leone is deeply concerned about the worsening situation in Darfur and Sudan generally. The situation in Darfur is described by the Prosecutor’s report as “a profound human tragedy. It [represents…] an unprecedented humanitarian crisis marked by allegations of crimes falling under the jurisdiction of the …Court committed on a massive scale”.  

The report informs of the Office of the Prosecutor’s (“OTP”) increased “collection of information and evidence concerning inter alia, gender-based crimes, crimes against children, indiscriminate targeting of civilian populations, attacks against internally displaced persons camps, killing, pillaging and shelling of or targeting of civilian objects”.  

We welcome the Prosecutor’s Office significant progress in investigating of alleged crimes (including gender-based crimes and crimes against children) committed in Al Geneina and its surrounding areas in West Darfur; the monitoring and preservation of evidence relating to crimes in El Fasher.  

We recognise the serious extent of the ongoing alleged crimes in Darfur. Given these concerns, we urge the parties to cease hostilities and uphold their obligations under international law, including international humanitarian law, and human rights law.  

Cessation of hostilities is even more pressing, as the humanitarian situation is reported to have reached a catastrophic level. A staggering ten million people are displaced, including two million who have fled the country. This massive displacement has left over half of the population (25 million people) in need of humanitarian aid. The increasing nature of the need for humanitarian aid and the unabating trend of the conflict underscores the urgent need for justice and accountability for the people of Darfur.  

Incredibly, the ongoing situation in Darfur since the outbreak of hostilities in Khartoum on 15 April 2023 between the Sudanese Armed Forces (“SAF”), and Rapid Support Forces (“RSF”) and affiliated armed groups mirrors the findings of the International Commission of Inquiry on Darfur established almost 20 years ago (Pursuant to Security Council resolution 1564 (2004) of 18 September 2004), and for which United Nations Security Council (“UNSC”) resolution 

1593(2005) was adopted.  

Although we take note of the progress reported particularly in the trial of Ali Muhammad Ali Abd-AlRahman, the first stemming from the UN Security Council referral, we are of the firm view that, accountability for past crimes is crucial to addressing recent and ongoing violations. Therefore, we underscore the crucial need to ensure that the pursuit of justice and accountability is accompanied by efforts to address the underlying factors contributing to conflict and human rights violations. By tackling these root causes, we can prevent future atrocities and build sustainable peace in the region. 

We commend the Prosecutor’s engagement with all parties and the cooperation from Sudanese authorities. We also take note of the important cooperation of victims and survivors, as well as States and non-State actors, in particular civil society organizations. All actors should preserve evidence amidst the ongoing conflict, as this is crucial for a comprehensive peace framework based on justice for victims. 

Similarly, the ICC’s support for third states’ investigations into crimes committed in Darfur highlights the importance of international cooperation and the principle of complementarity in addressing global challenges and promoting the rule of law. 

Colleagues,  Sierra Leone recognizes the nexus between peace and justice. The two are mutually reinforcing and not exclusive. Ensuring accountability for crimes in Darfur must go hand-in-hand with efforts to reach a comprehensive political resolution.  

In closing, therefore, Sierra Leone calls for a ceasefire in Sudan to pave the way for peace, stability, and democratic order. We reaffirm our unwavering support for the activities of the ICC and the Office of the Prosecutor in fulfilling their mandate in Darfur. The independence of the Office must be protected, and cooperation from all partners ensured. 

We call upon all member States and relevant actors to fully cooperate with the ICC and prioritize the protection of the most vulnerable in Darfur in order to achieve accountability and peace in Sudan.

We look forward to the next report noting that the Prosecutor’s Office will be taking targeted steps to fill evidentiary gaps with a view to presenting, in due course, applications for warrants of arrest to the Pre-Trial Chamber of the Court. 

I thank you. 

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