Statement by the Permanent Representative of Brazil to the United Nations, Ambassador Sérgio França Danese, at the International Criminal Court Prosecutor’s briefing to the Security Council on the situation in Darfur - July 13th, 2023
Mister President,
I thank the Presidency of the United Kingdom, and Japan and Switzerland as co-focal points, for facilitating this periodic briefing. It 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 perpetrated in Darfur. I acknowledge also the presence of the Representatives of Sudan in this Council.
I also thank Prosecutor Karim Khan for the 37th report to the Security Council pursuant to resolution 1593 (2005). This resolution is an important instrument in the history of international criminal justice. It was the first time the Security Council availed itself of its power to refer a situation to the Court, even though the resolution allowed for discriminatory exercise of the ICC jurisdiction.
Mister President,
The 37th report brings a grimmer picture of the prospects for the investigation and prosecution of the crimes committed in Darfur. Progress seems to have stalled in important aspects of the roadmap proposed by the prosecutor for the follow-up of the referral.
The conflict in Sudan has affected the ability of the Office of the Prosecutor to conduct investigations and outreach activities in Darfur. It has also affected the Sudanese authorities’ capacity to comply with assistance requests.
In order for the Office of the Prosecutor to be able to carry on with its work, the necessary security conditions must be established. Thus, we call again for the immediate cessation of the current hostilities.
To counteract those setbacks, a few steps should be taken when the situation allows.
First, cooperation between the Office of the Prosecutor and national authorities is key.
Despite the current crisis that limit their ability to respond to ICC, it is crucial for the Sudanese authorities to improve their cooperation with the Office of the Prosecutor.
Second, complementarity is a fundamental principle of the Rome Statute and the basis for an effective international justice in the long term. Without strong national institutions able to deliver justice to local populations and to protect them from further harm, there will always be a higher risk of relapse in instability, conflict and the 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 the states are unable or unwilling to do so. In this sense, the international community must stand ready to support Sudan to enhance its national institutions’ ability to investigate and punish perpetrators of serious crimes under international law.
Third, the Office of the Prosecutor needs help to overcome the challenges that limited internal resources needed for his work. 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.
Mister President,
We were glad to hear that, in the first trial following Resolution 1593, the Prosecution could present its case against Mr. Abd-Al-Rahman. The hearings before the Court brought to the fore the suffering of people who lost their families.
Brazil welcomes the continued engagement of the Office of the Prosecutor with third States and regional organizations to support its investigative and prosecutorial activities. We also commend the measures taken by the Office of the Prosecutor to keep its dialogue with civil society and representatives of affected communities from the Darfur Region, despite obstacles to reach out to them directly in their territory.
Mister President,
Sudan has faced severe economic hardship in recent months. The fighting that broke out in April aggravated an already dire situation. Half of its population is in need of urgent humanitarian assistance. Many fled their homes and sought refuge in neighboring countries. We urge all stakeholders to abide by their obligations under international humanitarian and human rights law to protect civilians and to enable humanitarian action.
We commend all the mediation efforts taken by international organizations and other partners aiming at ending the current crisis.
We also recall that the Juba Peace Agreement of 2020 remains binding on all its signatories. Respecting its terms is crucial to bring durable peace to the Sudanese People.
Mister 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. It is important for the Court to pursue all its investigations with equal zeal and support from the international community.
Thank you.