Credit: UN Photo/Eskinder Debebe /  International Criminal Court Chief Prosecutor Fatou Bensouda briefs the  United Nations Security Council on the Sudan and South Sudan at UN  world headquarters in New York Dec. 18, 2019.

By Gary Raynaldo       DIPLOMATIC TIMES

UNITED NATIONS  – NEW YORK  –  International Criminal Court Chief Prosecutor Fatou Bensouda told the UN Security Council Wednesday that  “concrete steps” must be taken towards ending impunity for atrocity crimes in Darfur,  Sudan.   Bensouda briefed the Security Council on the situation in Sudan and South Sudan.  Emboldened by positive political changes over the last six months, since the overthrow of former dictator Omar Al Bashir, that include a  Constitutional Declaration, and a new Sovereign Council and Cabinet,  Bensouda expressed her hope that “Sudan will honour its commitments to deliver justice” for the victims of civil conflict in the restive Darfur region, stretching back decades.   During the Darfur conflict between the Government, their militiamen allies and rebel groups, which began in 2003, the UN estimated that around 300,000 were killed, and around 2.7 million forced from their homes. Former president al-Bashir was indicted for war crimes including genocide, nine years ago. Bensouda stated that despite positive developments in Sudan, including in relation to the peace process, crimes in Darfur, regrettably continue, and must stop. The ICC prosecutor said Darfur situation remains a priority for The Hague, Netherlands-based war tribunal.  Bensouda vowed the  ICC will investigate and where appropriate, prosecute those most responsible for crimes in Darfur that fall under the Court’s jurisdiction.

ICC Arrest Warrant Remains In Force For Former Sudan Dictator Al Bashir

Former Sudan dictator  Omar Al Bashir 

Bensouda recalled that ICC arrest warrants remained in force for five alleged subjects, explaining that Abdel Raheem Hussein and Ahmad Harun are believed to be in detention in Khartoum while the whereabouts of Ali Kushayb and Abdallah Banda are unknown.   The fifth outstanding warrant is for Al Bashir, who was tried and sentenced in Sudan for financial crimes earlier this week and awaits trial on other cases, including in relation to the 1989 coup that brought him to power and crimes against humanity, said Bensouda.

Bensouda reminded ambassadors that under international law, Sudan was bound by the Council’s decision “to refer the Darfur situation to the ICC” and maintained that unless and until Sudan investigates and prosecutes the suspects, “these cases will remain admissible before the ICC”. 

Bensouda added:    “A respect for international human rights and the basic rights of Sudan’s citizens must include a willingness to ensure accountability for the gross human rights violations against Darfuri Sudanese citizens”.

Regarding the KHARTOUM government,  Bensouda repeated her deep concern  regarding the alleged 

attacks by government forces on peaceful protesters in Khartoum on June 3. Bensouda said these government forces allegedly comprised the Rapid Support Forces (RSF), whose members include former Janjaweed militias linked to systematic human rights abuses in the Darfur region during the 2003 – 2008 civil war including killing and raping civilians, and burning down homes. Bensousda noted that the new Khartoum administration as created a commission of inquiry to investigate human rights violations that occurred in the course of these attacks.

“I express my sincere hope that this investigation is conducted in an independent, impartial, and fair manner by the competent domestic authorities,”  Bensouda stated.

The ICC prosecutor concluded with the request for “reinvigorated support and engagement of Sudan and this Council in the Darfur situation” and offered the support of her Office to ensure that justice “is finally served for the victims of atrocity crimes in Darfur – either in a Sudanese court, or before the ICC”.