Discurso do Representante Permanente Alterno, Embaixador João Genésio de Almeida Filho, em "briefing" do Procurador do Tribunal Penal Internacional sobre a Situação em Darfur - 25 de janeiro de 2023 (texto em inglês)
Statement by the Deputy Permanent Representative Ambassador João Genésio de Almeida Filho during the Internacional Criminal Court Prosecutor’s briefing to the Security Council on the situation in Darfur
January 25th, 2023
Mr. President,
I would like to thank Prosecutor Karim Khan for the 36th report to the Security Council pursuant to Resolution 1593 (2005). This resolution is certainly a landmark 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 it allowed for selective immunities. These briefings are welcome opportunities for the Council to discuss the implementation of resolution 1593 and to express the Council's support to the work of the International Criminal Court.
There is no sustainable peace without justice. I reiterate Brazil's unwavering support to the ICC, as a fundamental tool for providing accountability for the most serious crimes under international law. Brazil welcomes the prioritization of Security Council referrals by the Prosecutor, including with the allocation of additional resources, as outlined in his report. In this regard, while reaffirming its commitment to the universalization of the Court`s jurisdiction, Brazil reiterates the need for expenses incurred 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. Khan,
Let me congratulate your team for the progress made in the Abd-Al-Rahman Case. This landmark trial is not only the first related to the situation in Darfur, but it is also the very first before the Court stemming from a referral from the Security Council. More than two decades later, justice is finally being delivered.
The hearings before the Court brought to the fore the human suffering of people who lost their families and that could not even pay tribute to their beloved ones in proper funeral services. As the first permanent impartial international criminal court, the ICC should not be an instrument of political pressure on developing countries, but a means to the realization of justice, in the benefit of victims. Brazil reaffirms their right to reparation, including collective reparation.
Mr. President,
Justice delayed is justice denied. We recognize the primary role of the Sudanese authorities to effectively investigate the terrible crimes committed against the Darfurian population and bring their perpetrators to justice. In the absence of such proceedings, it is even more important to support the ICC in its efforts to fulfill its institutional role, as mandated by the Rome Statute.
In this context, Brazil commends the efforts made by the Office of the Prosecutor towards the establishment of a field office in Khartoum. It will bring the Court closer to the victims and witnesses and will reinforce its ability to collect evidence. Brazil urges the Sudanese authorities to fully cooperate with the ICC n order to provide unimpeded access to documentation relevant to investigations and to enhance the field presence of the OTP in Kartum, in accordance with its obligations derived from Security Council Resolution 1593.
Brazil has deep appreciation for Mr. Khan`s visits to Darfur and his meetings with internally displaced persons. We welcome the first thematic roundtable with civil society, dedicated to crimes against children, and express our support to the OTP`s initiatives to empowering victims, witnesses and affected communities.
Mr. President,
I would also like to reiterate our support for the 5 December framework agreement, its ongoing phase of political talks and the restoration of a civilian-led transition to democracy in Sudan. We fully endorse the vital facilitation work done by the Trilateral Mechanism composed of representatives from the African Union, the Intergovernmental Authority on Development and the United Nations.
Brazil trusts that the signatories will agree on achievable, realistic and, above all, inclusive roadmaps sooner rather than later. We are confident that the signatories will keep engaging in inclusive workshops to address complex yet critical challenges, such as accountability and transitional justice.
We converge with the Special Representative of the Secretary-General for Sudan regarding the hopes of a fair political solution to the long-standing crisis in Khartoum. As Special Representative Perthes pointed out recently, this resolution would mean that the Sudanese people would soon form a civilian-led government.
We hope such a milestone will enable Sudan, its leaders and the Sudanese people to work together further, relish the legitimacy of the institutions they are building and address the remaining challenges in Darfur.
Mr. President,
Brazil is a proud founding member of the ICC and has an absolute 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. The international community must offer its support and cooperation for it to be able to fulfil its crucial responsibilities.
Thank you.