Report of the prosecutor of the International Criminal Court on Sudan

MR SOLOMON KORBIEH

Solomon Korbieh
Minister
Security Council Chamber
United Nations HQ, New York
July 13, 2023

 

 

REPORT OF THE PROSECUTOR OF THE INTERNATIONAL CRIMINAL COURT ON SUDAN

 

I would like to thank Mr. Karim Khan, Prosecutor of the International Criminal Court (ICC) for presenting his 37th Report to the Council on the activities of the Office of the Prosecutor (OTP) on the Sudan. I also wish to welcome the representative of the Sudan, Ambassador Al-Harith Idriss al-Harith Mohamed to this meeting.

The current report demonstrates, once again, the Office’s seriousness in dealing with impunity in Sudan, especially, based on the continuous progress that has been made regarding the trial proceedings in the case of Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) which is the first trial at the Court based on a referral from this Council. This progress would not have been achieved without the support of witnesses. On that score, Ghana applauds the courage of victims and witnesses who have braved all risks to provide their testimonies. This further affirms that victims of atrocity crimes, no matter how long it takes, will always strive for justice.

 

With reference to the current situation in Darfur, we strongly support the Prosecutor’s decisions to initiate investigations into acts of alleged war crimes and crimes against humanity due to the current hostilities in Sudan and more particularly, in Darfur. Ghana expresses grave concern about the loss of lives and displacements of thousands of people. Ghana reiterates its call on the parties to the conflict to respect their obligations under international humanitarian law as well as the international rules of engagement governing conflicts. We particularly condemn the ethnic dimension of the conflict where black Sudanese populations are deliberately being targeted.

 

Madam President,
The current conflict in Sudan will have an impact on the roadmap of the Office in relation to its case on Darfur. Despite these challenges, Ghana urges the Office not to relent on its continuous efforts to empower victims, witnesses, and affected communities by bringing its work closer to the affected communities through sustained missions to Darfur as well as the enhancement of the Office’s permanent field presence as soon as the situation is ripe for such engagements.

Ghana maintains its call for the full cooperation of the competent Sudanese authorities, especially on the Al Bashir case where documentary evidence is very much needed. We emphasize that this remains central to accelerating the investigative work of the Office and fulfilling the legitimate expectations of survivors. Ghana recalls that in the 35th report, the Prosecutor detailed some areas that are key to the work of the Office. Regrettably, as the report indicates, these commitments have still not been kept, particularly, the whereabouts of indictees such as Al Bashir whose present whereabouts are unknown in the wake of the current conflict in Sudan.

 

We note, with appreciation, that during the period under review, the Office has continued to broaden and deepen its engagement with third States and Civil Society Organizations 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 support the effective and efficient discharge of its mandate, pursuant to resolution 1593 (2005).

We, once again, 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.

 

Madam 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 call on the Council to support the work of the Office and send a strong and unified message to perpetrators of atrocity crimes that no matter where they hide, in due time the arms of justice would seize them and deliver accountability for their victims who should no longer be powerless. Ghana will join the media stakeout that will take place right after this meeting.

 

I thank you.