Discurso do Representante Permanente do Brasil junto às Nações Unidas, Embaixador Ronaldo Costa Filho, em reunião do Conselho de Segurança sobre a situação em Darfur - 17 de janeiro de 2022 (texto em inglês)
Statement by the Permanent Representative Ambassador Ronaldo Costa Filho in the Security Council Meeting on the situation in Darfur (ICC referral pursuant to resolution 1593)
17 January 2022
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Madam President,
I thank the Prosecutor of the International Criminal Court (ICC), Mr. Karim Khan, for his valuable briefing on the 34th report on the situation of Darfur. I also welcome the representative of Sudan to today’s meeting.
At the outset, allow me to reiterate Brazil’s support to the International Criminal Court. As one of its founders, Brazil recognizes the value that a permanent, treaty-based tribunal has in fighting impunity and bringing justice to victims.
Brazil was presiding this Council when Resolution 1593 was adopted. We have favored the referral of the situation in Darfur to the ICC, while cautioning that referrals should not be approved at any cost. Resolutions referring situations to the Court must strengthen the integrity of the Rome Statute and promote international criminal justice in a non-selective manner.
In his first briefing to the Council as ICC Prosecutor, Mr. Khan recalled that the UN can provide funds to the Court in relation to situations referred by the Security Council. I commend Mr. Khan for raising this issue and express Brazil’s full support to this proposal. The current situation, where only states parties cover the cost of Security Council referrals, is neither fair nor sustainable.
Madam President,
I will focus Brazil’s comments on three issues: complementarity, cooperation and completion.
Complementarity is one of the cornerstones of the Rome Statute system. Brazil welcomes the Prosecutor’s willingness to explore options to expedite accountability for the crimes committed in Darfur. We welcome attempts to bring procedures not only closer to the victims, but also where the evidence is located. Complementarity efforts should provide an opportunity to strengthen local institutions so that states can fulfill their primary responsibility to investigate and prosecute crimes committed in their territories. We take this opportunity to encourage Sudan to ratify the Rome Statute.
Second, cooperation is among the main tools to ensure successful outcomes by the ICC. Brazil welcomes the Prosecutor’s visit to Sudan last August, including the signing of a Memorandum of Understanding, which is an important step to strengthen cooperation. Another positive initiative is the proposal to deploy an investigation team to be based full-time in Sudan. When conditions on the ground allow it, a field presence of the ICC, with the consent of the host state, can facilitate investigations and contribute to the development of a fruitful relationship between the OTP and Sudanese authorities. Brazil underscores the importance of ensuring that the Court have access to documents and other evidence in Sudan, and that witnesses receive adequate protection.
Third, completion strategies should be an integral part of the Rome Statute system. We welcome the confirmation of charges in the Kushayb case and stress the importance of delivering justice to victims before completion of the situation. Brazil appreciates the Prosecutor’s intention to provide a roadmap for completion of Security Council referrals, including in Darfur. International criminal justice is a temporary solution when states with jurisdiction are unwilling or unable to investigate and prosecute the most serious crimes. In the long run, it is imperative to build a culture of accountability at the national level, with strong institutions that are able to fight impunity.
Madam President,
In conclusion, Brazil reiterates its support to the resumption of the transitional process in Sudan and to the UN-facilitated intra-Sudanese political dialogue announced recently by Special Representative Volker Perthes. This UNITAMS-led process should not only address paralysis and polarization in Khartoum, which have provoked violent protests and popular frustration, but also stimulate the Sudanese people to seize further ownership of its own democratic institutions.
Thank you.