Declaração do Representante Permanente Alterno, Embaixador João Genésio de Almeida Filho, durante o briefing do Procurador do Tribunal Penal Internacional ao Conselho de Segurança sobre a situação em Darfur - 23 de agosto de 2022 (texto em inglês)

Statement by the Deputy Permanent Representative Ambassador João Genésio de Almeida Filho during the International Criminal Court Prosecutor’s briefing to the Security Council on the situation in Darfur  

August 23rd, 2022

(check against delivery)

Mr. President,

I would like to thank China for facilitating this periodic briefing, which is an important tool for the international community to keep track of the follow-up to its referral to the International Criminal Court of the serious violations allegedly perpetrated in Darfur. It was the first time the Security Council availed itself of this power bestowed on it by the Rome Statute. For this referral, Resolution 1593 (2005) is certainly a landmark in the history of international criminal justice, even though it allowed for selective immunities which regrettably weakens the ICC’s ability to fully discharge its duties.

I would also like to thank Prosecutor Karim Khan not only for the information he provided today but also for his last report. I especially welcome his simple, clear-cut updated roadmap for accountability. It sets tangible goals, deadlines and actions for the upcoming months and, thus, it will enable the Security Council to gauge in objective terms the progress achieved in its implementation. I am pleased as well to see here the Permanent Representative of Sudan, whose presence in this room is a positive sign of engagement with the cause of justice.       

Mr. President,

The 35th report portrays the challenges the Office of the Prosecutor currently faces for the investigation and prosecution of the alleged crimes committed in Darfur. Among them, cooperation with national authorities is key. Complementarity is a fundamental principle of the Rome Statute and the basis for an effective and, if I may put it that way, sustainable international justice.

Without strong national institutions, able to deliver justice to local populations and protecting them from further harm, there will always be a higher risk of relapse in instability, conflict and, therefore, perpetration of serious crimes. That is why the primary responsibility to provide justice belongs and must remain with national states, without prejudice to the complementary role the ICC must play when they are unable or unwilling to do so.   

In this context, Brazil commends the efforts made by the Office of the Prosecutor and the Registry towards the establishment of a field office in Khartoum. It will bring the ICC closer to the victims and witnesses. It will reinforce its ability to collect evidence. It will also provide the court with the opportunity of closer cooperation with the Government of Sudan. Furthermore, Brazil has deep appreciation for Mr. Khan’s initiative to promote the first visit of an ICC Prosecutor to Darfur and for the importance he attaches to reaching out to affected communities.   

The report also refers to the challenge represented by limited internal resources. In this respect, I reiterate Brazil’s stance on the need for expenses incurred by the Court due to referrals from the Security Council to be borne not solely by States Parties to the Rome Statute, but also by the United Nations.

Mr. President

I take the liberty of also mentioning our concern for the current political, economic, and social situation in Sudan. Almost 12 million people in the country may face acute food insecurity from June to September.

The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) issued a thorough Emergency Response Preparedness Plan. The international community must redouble efforts to address aggravated food insecurity and malnutrition in Sudan.

Brazil also underlines its support for the United Nations Transition Assistance Mission in Sudan (UNITAMS). Dialogue and cooperation among all Sudanese stakeholders are needed to secure the peaceful, inclusive transition to democracy agreed in the Draft Constitutional Declaration.

Mr. President,

Brazil is a founding member of the ICC and has a deep-rooted commitment to international law and international justice. Being a permanent, treaty-based tribunal, the ICC represented a breakthrough for ensuring accountability for the most serious crimes under international law. Our support and cooperation are essential for it to fulfil its crucial responsibilities.

Thank you.