Report of the Prosecutor of the International Criminal Court on Sudan
Mr. President,
I would like to thank Mr. Karim Khan, Prosecutor of the International Criminal Court (ICC) for his 36th briefing to the Council on the activities of the Office of the Prosecutor (OTP) on the Sudan file. I also wish to welcome Ambassador Al-Harith Idriss al-Harith Mohamed of Sudan to this meeting.
Mr. President,
The report demonstrates the Office’s seriousness in dealing with impunity in Sudan based on the swift progress made with regard to the trial proceedings in the case of Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”). As would be recalled this is the first trial at the Court based on a referral from this Council. Ghana is, therefore, particularly, encouraged by the courage of victims and witnesses who have braved all risks by coming forward to provide their testimonies. The courage shown demonstrates that victims of atrocity crimes, no matter how long it takes, will always strive for justice as amply captured in paragraphs 15, 16 and 17 of the report which bears witnesses’ testimonies. We applaud the efforts of the Office for increasing avenues through which it engages with witnesses and for launching a public appeal for information in relation to the situation in Darfur. As rightly stated in the report, the appeal will allow individuals to contact the Office and provide information about what they know or witnessed in relation to which the Office is seeking further information.
Ghana believes the visit of the Prosecutor to Sudan in August 2022, and in particular, his visit to Darfur and camps for internally displaced persons, provided an important platform for dialogue and the strengthening of collaboration with local communities as well as public relations efforts. With regards to the cases of Wadi Salih and Mukjar who are charged with crimes within the localities of West Darfur, including acts of murder, rape, destruction of property, and pillaging, it is gratifying to note that the Office is working with the benchmark submitted to this Council during the 35th briefing to conclude its case in February 2023.
Mr. President,
On cooperation between the Office and the Sudanese authorities, Ghana wishes to take this opportunity to encourage the full cooperation of the competent Sudanese authorities, especially on the Al Bashir case where documentary evidence is very much needed. This remains central to accelerating the investigative work of the Office and making sure the legitimate expectations of survivors are addressed. Ghana recalls that in the 35th report, the Prosecutor detailed some areas that are key to the work of the Office. Unfortunately, the report indicates that these commitments have not been kept and only little real progress has been made across the priority areas outlined by the Prosecutor in the last report to the Council. We note the continuing concern with the issuance of visas, which seems to have taken a downturn as applicants are now required to submit their curriculum vitae as part of the application process for the issuance of only single-entry visas. In that regard, we urge the relevant Sudanese authorities to urgently consider the following highlighted requests in the report:
(i) provide unimpeded access to documentation and witnesses in Sudan.
(ii) support the establishment of a field presence in Sudan; and
(iii) ensure prompt responses to requests for assistance submitted by the Office to the Sudanese authorities.
Mr. President,
In calling for the full cooperation of the competent Sudanese authorities, I wish to reiterate Ghana’s position that such cooperation should not be overtaken by the principle of complementarity, which is a core principle of the Rome Statute. In that regard, we encourage the Office to continue to work with the Sudanese judicial system and provide the needed technical and capacity-building support. Ghana commends the continuous efforts of the Office with the measures being put in place by the Office to empower victims, witnesses, and affected communities by bringing its work closer to the affected communities through the proposed increase in the frequency of missions to Darfur as well as the enhancement of the Office’s permanent field presence for which Ghana called for the cooperation of the Sudanese authorities.
We further note, with appreciation, that during the period under review, the Office broadened and deepened its engagement with third States and entities in support of its investigative and prosecutorial activities. It is gratifying to note that the significant cooperation and assistance received from a number of these States has helped with the progress made in the trial of Mr. Abd-Al Rahman. We call on States and non-States Parties to the ICC to continue to cooperate with the Office by giving timely responses to requests from the OTP to enable the latter effectively and efficiently discharge its mandate pursuant to resolution 1593 (2005). We urge the Office to continue with its efforts to increase cooperation and dialogue with African States as well as the African Union. As we have always emphasized, this approach could help address not only the lack of cooperation between the Court and the Sudanese authorities but could also garner the broadest support to address issues of accountability in other cases that the Court is investigating.
Mr. President,
I wish to conclude by once again thanking Mr. Khan for his leadership of the Office and commending States and non-State Parties that are cooperating and assisting the Office in carrying out its mandate pursuant to resolution 1593 (2005), being the first referral from this Council to the ICC. We hope the Council can be unified in its support for the work of the Office as a strong message to would-be perpetrators of atrocity crimes that the international community abhors such crimes and that perpetrators would not enjoy impunity.
I thank you