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Statement on the situation in Darfur, Sudan (the ICC Prosecutor)

Statement by Representative of Slovenia to the UN Security Council Ambassador Samuel Žbogar at the briefing on the Reports of the Secretary-General on the Sudan and South Sudan

Thank you very much, Mr. President.

I also want to congratulate you and Sierra Leone for assuming the Presidency of the Council in August. We wish you all the success in guiding us through the challenges and roadblocks in August. You have all our support.

I also want to thank Mr. Khan for his report and also for his very sincere briefing today.

Mr. President,

Unfortunately, we have heard it many times in this chamber already – what we are witnessing in Sudan is a human and humanitarian catastrophe. The scale of suffering, mass atrocities, mass displacement, deadliest level of starvation, famine, violations of international humanitarian law and human rights law, indiscriminate targeting of civilians, attacks on IDP camps, sexual and gender-based violence and crimes against children, climate of impunity in Darfur and also in wider Sudan is unprecedented. It is unimaginable and unforgivable what the people of Darfur have been subject to in the last two decades. In Darfur, victims face atrocities from perpetrators, many of whom have never been held accountable for the crimes they committed already 20 years ago.

I want to make three points:

First, peace is the priority. We renew our call to RSF, SAF and their allied militias to immediately cease all hostilities. For peace to be lasting and sustainable, we need justice. Achieving justice requires continued involvement of the ICC. Almost 20 years ago, this Security Council recognized that.

Today, in the face of the allegations of crimes being committed on a massive scale, we must reaffirm it by ensuring that ICC is able to carry out its mandate independently and impartially and without outside pressure. In addition, we need to ensure that the ICC has enough resources, even under these difficult circumstances.

We commend the progress made by the Prosecutor and his continued prioritization of the investigation into the current situation, particularly in West Darfur and its surrounding areas. We also welcome more recent efforts to monitor the situation in El Fasher.

We welcome the efforts of the Prosecutor to provide support to national authorities of third States, seeking to conduct investigations. We especially commend the continued efforts of the Prosecutor to engage with the civil society, including the Sudanese civil society. The victims and survivors must have the opportunity to speak and give evidence. Same for the witnesses. In this regard the progress in the trial of Ali Kushayb is of particular importance. We hope that effective investigations, victim protection and bringing perpetrators to trial will also encourage the silent survivors to come forward – especially women, girls and other victims of conflict-related sexual violence who deserve justice.

Second, and we cannot emphasize this enough – we must stop the erosion of respect for international humanitarian law. It must be respected by all parties to the conflict, at all times in all circumstances and in all conflicts. We also call on all parties to cooperate with the ICC and to ensure that the Prosecutor is able to carry out his mandate. We note the positive steps made by the Sudanese authorities with outstanding requests for assistance and we encourage them to ensure continued and further improved cooperation with the Prosecutor, in line with the Resolution 1593.

Third, Darfur situation is a demonstration of what happens, if justice is not served. Civilian population, especially women and children are bearing the brunt of such impunity. The ongoing crimes are perpetuated also by those emboldened by a perceived lack of accountability. First arrest warrants issued more than 10, 15 years remain unimplemented and this urgently needs to change. The perpetrators must know that they can never escape the hand of justice; the arrest warrants must be implemented and the accused brought to trial as soon as possible.

Mr. President,

The situation in Darfur is not isolated from the broader context of Sudan, or from the broader regional context. To end the cycle of violence and impunity, accountability is essential.

Therefore I will finish with emphasizing the importance of the work of the ICC and its Prosecutor. Accountability of perpetrators is a prerequisite for peace and security. The ICC and Prosecutor also give hope to the victims and survivors that their voices will be heard and justice will be done. They can count on our continued support and cooperation and we urge all actors and states to do the same.

Thank you.

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