S/PV.9697 Security Council

I should like to take this opportunity to pay tribute, on behalf of the Council, to His Excellency Mr. Vassily Nebenzia, Permanent Representative of the Russian Federation, for his service as President of the Council for the month of July. I am sure I speak for all members of the Council in expressing deep appreciation to Ambassador Nebenzia and his team for the great diplomatic skill with which they conducted the Council’s business last month. Adoption of the agenda

In accordance with rule 37 of the Council’s provisional rules of procedure, I invite the representative of the Sudan to participate in this meeting. In accordance with rule 39 of the Council’s provisional rules of procedure, I invite Mr. Karim Khan, Prosecutor of the International Criminal Court, to participate in this meeting. The Security Council will now begin its consideration of the item on its agenda. I give the floor to Mr. Khan. Mr. Khan: First, I thank you, Mr. President, for the opportunity to brief the Security Council today. I express my sincere congratulations to you and Sierra Leone on assuming the presidency of the Council for the month of August. I would also like to thank the Permanent Representative of the Sudan for his attendance here today. Members all know that the past six months since I presented my previous report to the Council (see S/PV.9538) have been six terrible months of misery and torment for the people of Darfur. Members might recall that when I last addressed them I did so from Ndjamena, where I had heard from survivors in Farchana, which is right on the border, and in Adré, and I had an opportunity to recount some of their experiences and trauma and some of their expectations — of me, of the International Criminal Court (ICC) and of the Council. Unfortunately, in the past six months I have seen a further deterioration, including many reports of rapes, crimes against, and affecting, children and persecution on a mass scale inflicted against the most vulnerable civilians in the Sudan, and certainly on the most vulnerable people in Darfur. Terror has become a common currency. It is not felt by the people with guns and weapons, but by hungry people on the run, very often with nothing on their feet. One can simply do a Google search on their phones to gain a smattering of the types of allegations that are being received by many civil society organizations, which are available to every State Member of the United Nations and to the Council, as well as my Office. I am particularly disturbed by the harrowing accounts we are hearing of crimes against, and affecting, children — the sustained catalogue of allegations of gender crimes. I will say today what I have said previously, that is, that I am prioritizing the allegations regarding those types of crimes, those that historically, in the Sudan and the wider world, have disproportionately affected the very most vulnerable segment of our populations, the types of crimes that in many cases have not been fully addressed by international accountability efforts. Those profound human rights abuses, mass violations of personal dignity and Rome Statute crimes, which seem to be committed as we speak, are fuelled by myriad factors that are not new and existed in 2005, when the Council referred the situation in the Sudan to us: the provision of arms, financial support from various sectors and political triangulations that lead to inaction by the international community. But they are also fuelled by a sense of impunity, to which I have referred before, the feeling that the bandwidth of the Council and of States is too limited and too preoccupied with other epicentres of conflict and hot wars in other parts of the world; that we have lost sight of the plight of the people of Darfur. We have somehow forgotten of the responsibilities under that Charter of the United Nations that rest with the Council by dint of its declaration in 2005 that the situation represents a threat to international peace and security. It is a feeling that Darfur is a law-free zone in which people can act with abandon based on their worst proclivities and most base instincts, the politics of hate and power and the opportunities to profit, rather than the fundamental imperatives that we owe to one another based on our common humanity. As reflected in my report, it is a central mission of my Office to attempt to provide some protection to those vulnerable communities. Many belligerents in El Geneina, El Fasher and across the Sudan think they can get away with murder, rape and other brutal acts. And maybe every six months there will be a Security Council report, a flicker of attention on their, I am sorry to say, miserable lives — lives trying to escape into tomorrow, which is not guaranteed. We therefore need the Council’s help more than ever to make sure that the expectation of justice and that all human life matters equally is given some backing and substance. We are making some progress in a very bleak place — and I confess that it is a very bleak place in the Sudan for the people of Darfur at the moment. But to those on the ground today in Darfur  — and I am addressing both the Sudanese Armed Forces and the Rapid Support Forces who are aiding, abetting, encouraging, supplying funding and weapons and giving orders and gaining certain advantages — I want to be crystal clear that we are investigating and using our resources as effectively as we can to make sure that the events, including since April 2023, are subjected to the principle of international humanitarian law and the imperative that every human life must be seen to have equal value. During this reporting period, one sees the misery I mentioned, the agony and unnecessary loss of innocent life, that is taking place every moment. One is somewhat embarrassed to then say, but what are the positives? But that is the world in which we operate, the terrain that the ICC has to traverse. There have bene positives. In this reporting period, after a great deal of difficulty, finally we had cooperation from the Sudan, and the team could enter Port Sudan. We have managed to collect evidence. The engagements with General Al-Burhan and his authorities have also allowed for a number of long-standing requests to be effected. We carried out many long-term and significant missions to Chad. And we are collecting very valuable testimonial evidence from people displaced from their homes who fled for their lives and managed to get out and tell their stories. We have been engaging in myriad ways with Sudanese civil society, whether in Europe, Africa, Chad, the Central African Republic or South Sudan. We are trying new ways to engage and get, preserve and analyse their accounts and stories and piece them together to see what crimes, if any, they show and who is responsible for the hell on Earth that is being unleashed so stubbornly and persistently against the people of Darfur. We have also deployed technological tools so that we can piece together the different types of evidence sets that are now available from phones and video and audio recordings, which are also proving to be extremely critical to pierce the veil of impunity. Collectively, investigators, analysts and lawyers, the men and women of our Office, working with civil society and everybody who is willing to join hands, have made some significant progress. I believe I will be in a position — I hope by my next report — to announce applications for warrants of arrest regarding some of those individuals who are the most responsible for what we are seeing at the moment. This should be heard clearly: the ICC is not a talk shop. My Office is not looking and marking on the calendar the two privileged opportunities we have to brief the Council, or to cover a naked truth — that people’s lives are being lost who should never suffer; people are scarred, or are buried, or are desperate for the international community to hear their cries, see their blood and see and feel their agony and come up with solutions, not polemics. In order for any actor to mitigate the potential impact of any action that my Office, or any action that the judges of the ICC may feel it appropriate to effect, the only advice I have is that compliance with the law is the best response. Cooperation with my Office is the best response and defence: for any individual to say they are not part of this drive of cruelty, that are against impunity and are not simply pointing fingers at the other side but trying to make sure that the people under their command have the most vulnerable in existence upper-most in their minds in relation to every decision that is being taken. We can recall the heartbreak of the past, which goes back to 2002 and 2003 and has been a constant theme of the 39 reports we have presented to the Council but, in my respectful view, it should be etched on our hearts that those are not just echoes of the past; this is a nightmare that people are enduring today. And all of us must look at ourselves in the mirror and say, have we collectively done everything we can? The ICC is not, and never has been, a silver bullet to solve the different crises of the world; it requires the support of States. It requires, and it deserves, in my respectful view, effective support from the Council. And the Council, perhaps if I may be so bold, needs to look at imaginative and creative ways to stop this cycle of violence from persisting. Is everything being done that can be done to enforce peace and to give a ceasefire a chance to allow people to talk and walk away from the killing fields that are developing throughout Darfur? As we are looking at the events since April, we have not forgotten the reason that the Council referred this situation to us. The case of Ali Kushayb — also known as Abd-Al-Rahman  — is proceeding well. Of course, matters were somewhat delayed because of the insecurity in Darfur, and the judges had to make various amendments to the regional timetable. But it still stands to be one of the most effective trials in the ICC’s history. The anticipation is that one more witness for the defence will testify in September, and then closing briefs will be presented by all parties and by the legal representative of the victims. It is anticipated that the trial will conclude, inshallah, this year. This is a trial in which more than 100 witnesses will have been heard and 1,500 items of evidence will have been presented by my Office in support of the allegations against Mr. Ali Kushayb. Great credit must be given to the respected judges of the Trial Chamber and the sterling work of all the Registry staff in making sure that the trial could continue — and it is continuing — even in the midst of all the difficulties, which are well known. We will do everything to fulfil our mandate in these very difficult moments for the people of Darfur. But as referenced, we need more support from every State Member of the United Nations. As I mentioned, perhaps in my previous briefing, when I was sitting on the floor in a tent in Adré with very poor people, and one could taste the dust, one gentleman said to me: “well, it’s wonderful you are investigating the events since April, but why are you optimistic that things will be different if you apply for warrants? If warrants are issued, then what?” It was a very profound question, and it still haunts me. I had to confess that “well, I am not particularly optimistic”, because Darfuri lives mattered in the decades since 2005. But perhaps now there is another consideration, in addition to the individual worth of humankind, that is worth a pause and some reflection, because we are really seeing a trapezium of chaos in that part of the continent. If one draws a line from the Mediterranean of Libya down to the Red Sea of the Sudan, and then draws the line to sub-Saharan Africa and then all the way to the Atlantic, with Boko Haram causing instability, chaos and suffering in Nigeria, and then back to the Sudan, we see the map of the countries that risk being unsettled or destabilized by that concentration of chaos and suffering. I wish to underline my own analysis that, apart from the rights of the people of Darfur, we are reaching a tipping point, a critical mass, in which a Pandora’s box of ethnic, racial, religious, sectarian and commercial interests will be unleashed that will no longer be susceptible to the political powers of the great States of the world, or even of the Council. It requires some real action now to stem the bleeding. And life in the Sudan and stability in Sudan may well augur well for more peace in that huge part of the continent of Africa. I ask the Government of the Sudan to expedite its cooperation with the Court. In the report, I mention some good and positive steps but of course, as the saying goes, from Aesop, I think, “one swallow does not a summer make”. Going forward, we need continuous and deepening cooperation with the Sudanese Armed Forces and with General Al-Burhan. One concrete way in which that commitment to accountability and that lack of tolerance for impunity can be evidenced is by properly enforcing court orders. There are of course warrants outstanding, including the warrant for Mr. Ahmad Harun, and that case also is linked factually with the case of Abd-Al-Rahman. I really would ask that in our discussions we also focus, with the Government of the Sudan, on concrete efforts to show a real concern for the people of Darfur and a real commitment to the requirements of the Council to cooperate with the ICC in terms of arresting Mr. Harun and transferring him to the Court. In addition to that, during this reporting period  — and it will be evidenced in my budget to the States parties in December  — I have established a tracking and information fusion centre to give more resources. I have deployed greater skills and a greater variety of skillsets to ensure that various warrants of the Court, some public, some confidential, can be executed with greater effectiveness. In that, we are working closely with the Registrar of the Court as well. During this reporting period, visas were approved for investigations. We went into Port Sudan. We met the Sudanese authorities, including the Attorney-General. We have met with the national commission established to investigate crimes committed in the context of the current conflict in Darfur. Some requests for assistance were actioned, others partially actioned and others remain pending. But in my meeting last year with the Chair of the Sudan’s Transitional Sovereign Council, General Abdel Fattah Al-Burhan, I received a number of commitments, and I am pleased that things have improved from a low base. But there is significant room for improvement. On the improvement that there has been, I must particularly and publicly thank the new focal point for cooperation, who was appointed by General Al-Burhan following our meeting. There were significant efforts in the last quarter of 2023, which continue up to now, to engage with the leadership of the Rapid Support Forces. I have not seen any concrete result from those efforts of engagement. The ICC is a place, a courtroom. But the Council is a place where there should be no hiding place. Either people are attacking the flag of justice and are holding aloft the standard of impunity or vice versa. Because of that difficulty, we have tried to engage with other groups, including the Arab communities in Darfur. It was not easy  — there was some trepidation, there was some concern. But I think the discussions that have taken place between my Office and the Arab communities in Darfur, the tribal leadership, has put things on a level that can be further consolidated and hopefully can allow misunderstandings to be removed, and show that we are joined not by ethnicity, but our common humanity. There are of course many crises. Every morning, the members of the Council will wake up and see another crisis, some that have been long fermenting, others that seem to have arisen unexpectedly. And the challenge really is to show that the Council can back the Court continuously in the way that we are getting support from many Member States. But this is a defining moment. When we see the increasing concentration of suffering around the world, and I have said it before in different contexts, there is a cry raised from many parts of the global South, and from the global North, asking whether every human life matters equally. Are the institutions created fit for purpose? Are we able to deal with people who are being attacked? And are we acting with such integrity, with such courage, that we would act if they were our own, God forbid, family members? If we do not have that moral courage, if we do not have that clarity of thought, if we do not find those ways of building and enhancing partnerships between, whether it be the ICC and the Security Council, or with the United Nations, with the African Union, with regional partners, with the people of the Sudan, the Government of the Sudan, with the tribal communities of the Sudan, we are going to get more misery and more of the same. The climate of impunity that we see very tangibly on the ground in El Geneina, and increasingly in El Fasher, is driven by a deep belief that all human life does not matter and that we are not watching, that we are not paying attention, that somehow we are indifferent or that we are apathetic. We are not. The Office is not, because of the support we have been given by many Member States, because of our obligations to fidelity, to the rule of law. And with the help of the members of the Council, we should be aware of the fundamental imperatives of the Charter, while realizing that all of us are mortal. No representative will be here forever, and these are moments when we maybe have small opportunities to make a difference for people who we will never have the privilege of meeting, we will never have the privilege of knowing, and who may not survive our inaction another day.

I thank Prosecutor Khan for his briefing. I shall now give the floor to those members of the Council who wish to make statements.

First of all, I would like to congratulate Sierra Leone on its assumption of the Council presidency this month. I thank Prosecutor Khan for his thirty-ninth report on the situation in Darfur, in accordance with resolution 1593 (2005). During the visit to New York by International Criminal Court (ICC) President Judge Akane last month, she said the Court would work to bring justice to victims of atrocities by carrying out fair and impartial proceedings against individuals who have committed crimes, and that the ICC’s proceedings will serve as a message that atrocities must not be repeated. Japan would like to remind the Council of the critical role of the ICC to end impunity, thereby contributing to the maintenance of international peace and security. Japan is gravely concerned about the dire humanitarian situation in the Sudan and the spreading violence and continued violations of international law, including reports of sexual and gender-based violence and ethnically motivated attacks. We reiterate our call on all parties to immediately cease hostilities throughout the country; to enter into serious, direct negotiations; and to agree to and implement an immediate and lasting ceasefire without preconditions. The protection of civilians should be ensured in accordance with international humanitarian law and human rights law. Regarding the recent activities of the Court, Japan welcomes the positive steps taken by the Sudanese authorities, including addressing requests for assistance by the Office of the Prosecutor, as well as the issuance of visas. It is also notable that dialogue with the tribal leadership of Arab communities from Darfur was conducted for the first time. Japan hopes that that positive momentum of cooperation will be further consolidated, so that the Office of the Prosecutor can fulfil its mandate. Another example of progress to note is the trial of Mr. Abd-Al-Rahman. Japan commends the efficient conduct of proceedings at the Court, and we hope the current pace will lead to a judgment in the course of 2025. In that regard, it is critical to ensure that the other persons accused of grave crimes committed in Darfur who remain fugitives from justice be held accountable without delay. Justice delayed is justice denied. The vicious cycle of impunity and criminality should be brought to an end. We urge the Court to redouble its efforts and strongly encourage countries to cooperate in that regard in order to end the suffering of the people in the Sudan. Japan also takes note of the continued engagement of the Office of the Prosecutor with affected communities and encourages it to demonstrate tangible progress for the victims. The atrocities of years past in Darfur and the ongoing violence in the Sudan should never be dismissed. Accountability for past crimes is central to preventing future atrocities. Justice must be done in order to establish durable peace in the Sudan. In that regard, we take note of the efforts of the Office of the Prosecutor to enhance complementarity, in line with its newly launched policy of April 2024. Finally, let me express Japan’s commitment to preserve the ICC’s integrity, undeterred by any threats or measures against the Court, its officials and those cooperating with it. Our support for the Court as an independent and impartial judicial institution remains unchanged.

As this is the first public meeting of the month, I wish you, Mr. President, every success in your presidency and assure you of our full support this month. I thank the presidency for the month of July for its work. Switzerland thanks the Prosecutor of the International Criminal Court (ICC), Mr. Karim Khan, for presenting his thirty-ninth report on the situation in Darfur. We also welcome the participation of the representative of the Sudan at this meeting. As we discuss in the Council the various diplomatic efforts to protect civilians, guarantee humanitarian access and find a political solution, atrocities and hostilities continue unabated. Independent reports estimate that, by the end of September, 2.5 million people will have died as a result of the famine caused by the current conflict in the Sudan, with Darfur being the hardest-hit region. Accountability for the crimes committed since 2002 remains essential to tackle the root causes of the continuing conflict and the violations committed today. For victims, survivors and their families, that is an essential condition for establishing a lasting peace. I would like to emphasize three points. First, the ICC’s work aims to restore hope to victims and put an end to the cycle of violence. We take note of the significant progress made over the past eight months, and we welcome the Prosecutor’s decision to investigate the incidents that have occurred during the course of the current hostilities, including allegations of crimes of sexual and gender-based violence and crimes against children. Switzerland continues to follow with interest the trial of Mr. Ali Abd-Al-Rahman, and it welcomes the speed of the proceedings, which should be completed in 2025. Secondly, cooperation is essential in order to enable the Court to fulfil its mandate. We note the positive evolution of the support received from the Sudanese authorities, and we hope that that progress will be consolidated in the future. We reiterate our call on the Sudanese authorities and the Rapid Support Forces to fulfil their obligation to cooperate at all times with the Court, in accordance with resolution 1593 (2005). We also note that initial exchanges have taken place with the tribal and administrative leaders of Arab communities believed to be involved in the conflict in Darfur. Finally, we commend the strong cooperation between the Office of the Prosecutor and third countries. Thirdly, we emphasize the important role of civil society and affected communities in ensuring that justice is done. We support the efforts undertaken to intensify collaboration between those actors and the Court, and we thank all those who risk their lives on a daily basis to document the facts on the ground. In that respect, I would like to express our support for the mandate of the Independent International Fact-Finding Mission for the Sudan, established by the Human Rights Council, which also plays an important role in documenting the current conflict. In order for justice to be done in Darfur and in all the situations brought before the Court, the latter must be able to carry out its work free from any interference. We reiterate our commitment to upholding and defending the principles and values enshrined in the Rome Statute and to preserving the integrity of the Court, undeterred by any threat expressed or action taken against it. We call on States to refrain from exerting any form of pressure, and we recall that such attacks on the administration of justice are prohibited by the Rome Statute. Fifteen months after the renewed escalation of this conflict, there is still no sign of calm. The full support of the entire international community is required, without further delay, in order to ensure that justice is done for all the victims of this conflict and that accountability is ensured throughout the entire Sudanese territory.

Allow me to congratulate you, Mr. President, and Sierra Leone on the assumption of the presidency. Rest assured of Guyana’s full support. I also want to thank the Russian Federation for its skilful presidency last month. I thank the Prosecutor of the International Criminal Court, Mr. Karim Khan, for his sobering presentation of the thirty-ninth report on the situation in Darfur, and I welcome the participation of the Permanent Representative of the Sudan in today’s meeting. I reiterate Guyana’s support for the efforts of the Office of the Prosecutor to fight impunity and to bring perpetrators to justice for the gravest of crimes, wherever they are committed. In this instance, justice for the people of Darfur and an end to impunity are key to achieving peace and security. We are gravely concerned about the continued massive scale of the crimes committed in Darfur, particularly gender-based crimes, crimes against children and the indiscriminate targeting of civilian populations and objects, among others. Against that backdrop of agony and misery, as emphasized by Prosecutor Khan in his briefing, Guyana welcomes the progress made by the Prosecutor’s Office in investigating those crimes and the increased collection of information and evidence, including through field deployments in Chad, Port Sudan and other locations. We also view positively the intensified engagement with civil society organizations, affected communities, victims and survivors. Continued cooperation between the Sudanese authorities and the Office of the Prosecutor is critical to ensuring justice for the people of Darfur. We welcome the Prosecutor’s report of improved cooperation with the Sudanese authorities, in particular the execution of outstanding requests for assistance and the provision of visas for staff members of the Office. We also view as positive the support provided by the Office of the Prosecutor to national authorities in the investigation of potential perpetrators, as part of the enhanced complementarity initiatives of the Office. It must also be underscored that continued cooperation and assistance between the Office of the Prosecutor and the national authorities of third States is essential to the progress of the investigative activities of the Office. Guyana welcomes the progress made in the trial of Mr. Abd-Al-Rahman, noting that the Office of the Prosecutor is preparing for the final stages of the trial. We also take note of the outstanding fugitives whose cases are yet to be adjudicated. We urge the Sudanese authorities to take all necessary steps to secure the arrest and surrender of those fugitives to the Court. Ensuring accountability for atrocities is crucial in preventing future crimes and building a foundation for lasting peace, and all efforts must be made to that end. As justice is pursued for the crimes committed in the Sudan, so too must efforts to achieve sustainable peace for its beleaguered peoples. The Council continues to receive gravely concerning reports of continued violations of international humanitarian law and human rights law in the Sudan, which are resulting in immense suffering of the population. We call on all parties to stop further violations and to ensure the protection of civilians and civilian objects and the delivery of humanitarian aid. It is crucial that children are given the special protection to which they are entitled under international law. Guyana also remains deeply concerned about the dire humanitarian crisis. The worsening food insecurity situation, as evidenced now by famine, as well as the situation for internally displaced persons, are of particular concern. We applaud the efforts of United Nations agencies, civil society organizations and other agencies in providing vital humanitarian assistance. We urge the parties to the conflict to ensure that such aid reaches those in need. We also encourage the international community to scale up humanitarian aid in Darfur. In conclusion, Guyana reaffirms its unwavering support for the International Criminal Court and the work of the Office of the Prosecutor to achieve justice for the atrocities committed in Darfur.

At the outset, I wish to congratulate Sierra Leone on assuming the presidency of the Council for the month of August. I pledge China’s support for your work, Mr. President. I would also like to thank the Russian Federation for skilfully steering the work of the Council in July. I listened carefully to Prosecutor Karim Khan’s briefing, and I welcome the presence of the Permanent Representative of the Sudan at today’s meeting. China has been closely following the International Criminal Court (ICC) investigation into the situation in Darfur. The case being investigated was referred by the Security Council in 2005. We note that this is the thirty-ninth report by the Prosecutor, and we welcome the Prosecutor’s reference, in his report, to the Sudanese Government’s cooperation with the prosecution on the Darfur case, granting visas to the prosecution team and responding to a number of requests for assistance. When processing the cases on its docket, the ICC should continue to be guided by the Rome Statute and the mandate of the Council; strictly abide by the principle of complementarity; exercise its powers independently, objectively, impartially and in accordance with the law; and fully respect the judicial sovereignty and legitimate concerns of the Sudan. The conflict in the Sudan has been going on for 16 months. As long as the fighting continues, every day brings more civilian casualties and suffering. China has always advocated a political solution, which is the only viable way to end the conflict and restore peace. Recently, the two parties to the conflict attended the proximity talks in Geneva and the principal mediators held a planning retreat in Djibouti, creating positive momentum for international mediation and diplomacy. The international community should, as a matter of priority, properly use the political and diplomatic tools available to encourage parties to engage in further dialogue, resolve their differences properly and de-escalate tensions until a comprehensive ceasefire is in place. When addressing the Darfur issue, the ICC should take into full account the complexity and sensitivity of the realities in the Sudan and the region as a whole, set its sights on the overarching goal of defusing the conflict in the Sudan through political means, tread carefully and refrain from unwarranted intervention. For China’s part, we support the Sudan’s efforts to improve its administration of justice and develop its national capacity to combat impunity. The international community should earnestly address the practical difficulties facing the Sudan and help the country revitalize its transitional justice institutions in order to build greater judicial capacity and authority on an ongoing basis. China’s position on the ICC remains unchanged. China hopes that, when handling cases involving international and regional hotspot issues, the Court will refrain from politicization and double standards, apply international law equitably and be a genuinely constructive force.

I too would like to congratulate you, Mr. President, and Sierra Leone on assuming the presidency of the Council in August. We wish you every success in guiding us through any challenges and roadblocks we might encounter this month, and you can count on our support. I also want to thank Mr. Khan for his report and for his very sincere briefing today. Unfortunately  — and we have already heard it many times in the Chamber today  — what we are witnessing in the Sudan is a human and humanitarian catastrophe. The scale of the suffering, mass atrocities, mass displacement, extreme starvation, famine, violations of international humanitarian law and human rights law, indiscriminate targeting of civilians, attacks on internally displaced person camps, sexual and gender-based violence, crimes against children and climate of impunity in Darfur and in the wider Sudan is unprecedented. What the people of Darfur have been subject to over the past two decades is unimaginable and unforgivable. In Darfur, many of the perpetrators of these atrocities have never even been held accountable for the crimes they committed 20 years ago. In that connection, I would like to make three points. First, peace is the priority. We renew our call to the Rapid Support Forces, the Sudanese Armed Forces and their allied militias to immediately cease all hostilities. For peace to be lasting and sustainable, we need justice. Achieving justice requires the continued involvement of the International Criminal Court (ICC). The Security Council recognized that almost 20 years ago. Today, in the face of allegations of crimes being committed on a massive scale, we must reaffirm that by ensuring that the ICC is able to carry out its mandate independently and impartially and without outside pressure. In addition, we need to ensure that the ICC has enough resources, even under these difficult circumstances. We commend the progress made by the Prosecutor and his continued prioritization of the investigation into the current situation, particularly in West Darfur and its surrounding areas. We also welcome the more recent efforts to monitor the situation in El Fasher. We welcome the efforts of the Prosecutor to provide support to national authorities of third States seeking to conduct investigations. We especially commend the continued efforts of the Prosecutor to engage with civil society, including the Sudanese civil society. Victims and survivors must have the opportunity to speak and give evidence. The same is true of witnesses. In that regard, the progress in the trial of Ali Kushayb is of particular importance. We hope that conducting effective investigations, ensuring victim protection and bringing perpetrators to trial will also encourage the silent survivors to come forward — especially women, girls and other victims of conflict-related sexual violence, who deserve justice. Secondly  — and we cannot emphasize this enough  — we must stop the erosion of respect for international humanitarian law, which must be respected by all parties to the conflict, at all times, in all circumstances and in all conflicts. We also call on all parties to cooperate with the ICC and to ensure that the Prosecutor is able to carry out his mandate. We note the positive steps made by the Sudanese authorities, with outstanding requests for assistance, and we encourage them to ensure continued and further improved cooperation with the Prosecutor, in line with resolution 1593 (2005). Thirdly, the Darfur situation is a demonstration of what happens if justice is not served. The civilian population, especially women and children, are bearing the brunt of such impunity. The ongoing crimes are also being perpetrated by those emboldened by a perceived lack of accountability. The first arrest warrants, issued more than 10 and 15 years ago, remain unimplemented, and this urgently needs to change. The perpetrators must know that they can never escape the hand of justice; the arrest warrants must be implemented and the accused brought to trial as soon as possible. The situation in Darfur is not isolated from the broader context of the Sudan or from the broader regional context. To end the cycle of violence and impunity, accountability is essential. I will therefore conclude by emphasizing the importance of the work of the ICC and its Prosecutor. Accountability for perpetrators is a prerequisite for peace and security. The ICC and the Prosecutor also give hope to the victims and survivors that their voices will be heard and justice will be done. They can count on our continued support and cooperation, and we urge all actors and States to do the same.

I thank the Prosecutor of the International Criminal Court (ICC) for his briefing. I also wish to welcome the presence of the Permanent Representative of the Sudan. The thirty-ninth report submitted to us by the Prosecutor comes in the context of a devastating conflict raging in the Sudan, claiming many lives, particularly in Darfur, and creating a dire humanitarian situation. Justice and accountability remain essential in the endeavour of formulating a comprehensive approach to the resolution of the conflict in the Sudan. In that regard, Algeria wishes to state the following. First, the endeavour of undertaking transitional justice and ensuring accountability cannot be separated from the process of stabilizing the Sudan. Therefore, it is essential to explore all ways of creating the conditions for the revitalization of national justice institutions to support the Sudan’s ownership of that process. Secondly, it is also important to strengthen and further explore the existing legal frameworks to identify an inclusive and adequate path towards transitional justice and accountability. The Juba Peace Agreement represents a useful tool to be fully explored despite all the challenges on the ground. Thirdly, Sudanese ownership of such a process also comes about through regional and, most important, African frameworks. We must keep under scrutiny the role of external actors in fuelling the conflict. That destructive role has to be closely monitored to identify responsibility and formulate the right response. We look forward to the update to be provided by the Secretary-General on that matter in accordance with resolution 2736 (2024). Furthermore, Algeria expresses its deep concern about the clashes between the warring parties and the continued deterioration of the humanitarian situation in Darfur, including food insecurity. The siege imposed by the Rapid Support Forces on the large population in the city of El Fasher and the deadly clashes in the surrounding villages are of extreme concern. We are also deeply concerned by the confirmation of Integrated Food Security Phase Classification phase 5, which affirms that there are famine conditions in parts of North Darfur. In that regard, the Council will convene tomorrow to discuss that concerning situation. To conclude, we welcome the collective efforts and those deployed by the Sudanese Government aimed at facilitating humanitarian access to alleviate the suffering of the affected populations on the ground. We call for those efforts to be sustained. There is a need to provide further support to all diplomatic efforts being deployed by the African Union, the United Nations and other mediators to bring the Sudanese parties to the table of dialogue.

Since it is our first formal meeting under your presidency, Mr. President, I would like to congratulate you on assuming the presidency for this month. In addition, I would like to thank the Russian Federation for its tireless efforts last month. I thank Prosecutor Karim Khan of the International Criminal Court (ICC) for his comprehensive and sobering report and briefing on the situation in Darfur. I also welcome the representative of the Sudan to this meeting. Today’s briefing clearly showed that ensuring accountability for heinous crimes occurring over two decades ago is not just a matter of the past. The criminals and the victims whom we see today are strikingly similar to those involved in the events of 2003. The reason that we are still witnessing such a disturbing number of widespread atrocities throughout the country is largely due to the fact that the perpetrators of those crimes have not yet been held accountable. It is therefore necessary, as the Prosecutor highlighted in his report, to ensure accountability for atrocities perpetrated in Darfur in order to break the cycle of violence and impunity. In that vein, I would like to highlight the following three points. First, the Republic of Korea notes the rapid progress made by the Court in its investigation of past and ongoing atrocities in Darfur. We commend the ICC’s proactive approach, including extensive field deployments to Chad, Port Sudan and other locations, which has been instrumental in gathering crucial testimonial and documentary evidence. Those measures are essential for building a solid case, ensuring that justice is served. We also note from the report that the Prosecutor anticipates tangible progress in the next reporting period, which we believe is a promising sign that accountability and justice are being served. Secondly, Korea welcomes the positive development during the most recent reporting period in terms of the cooperation received from the Sudanese national authorities. That cooperation, including the provision of visas and support for ICC team deployments to Port Sudan, is crucial for enabling the ICC to effectively carry out its mandate and gather the necessary evidence on the ground. Such cooperation must continue in line with the Sudan’s obligation under resolution 1593 (2005) until justice is fully served. Thirdly, the magnitude of ongoing crimes in Darfur requires urgent action. The Republic of Korea is deeply concerned about the alarming number of reported atrocities, including sexual and gender-based violence, grave violations against children and the indiscriminate targeting of civilians. Those unjustified attacks against civilians demand immediate and decisive action from all stakeholders. We call upon all the Sudanese warring parties to cease further violations of international humanitarian law and human rights law. The international community must intensify efforts to protect civilians and hold the perpetrators accountable, sending a strong message that impunity for such crimes will not be tolerated. It is Sudanese civilians who are bearing the brunt of the senseless war, and the tragedy must stop now. As a firm advocate of criminal justice, a steadfast supporter of the ICC and the current Chair of the Sanctions Committee established pursuant to resolution 1591 (2005), concerning the Sudan, the Republic of Korea is committed to doing its part to hold the perpetrators accountable and ultimately bring justice and sustainable peace to the Sudan.

As this is the first meeting under your leadership, Mr. President, allow me to wish you the very best for this month and to say that you may count on the support of Ecuador. Likewise, I would like to join others in congratulating the Russian Federation for the considerable work it performed and its stewardship of the Council last month. I would like to thank Prosecutor Khan for presenting his report, and I acknowledge the participation of the representative of the Sudan in this meeting. The continuation of the armed conflict in the Sudan has led to an unprecedented humanitarian crisis, marked by allegations of massive attacks being perpetrated against the civilian population, including gender-based crimes and crimes against children. There is an urgent need for all actors to put an end to violations of international humanitarian law. The patterns of violence being witnessed in Darfur are similar to those that were evident more than two decades ago, and implicate many of the perpetrators of the atrocities committed at that time. That regrettable reality underscores the need to break the cycle of violence and impunity, and that requires ensuring accountability for the perpetrators of such atrocities. My delegation therefore welcomes the progress made by the Office of the Prosecutor in its four lines of inquiry, including the investigation announced in July 2023. Ecuador encourages the Office of the Prosecutor and his team to continue gathering evidence on the crimes allegedly committed in El Geneina and El Fasher, and adds our voice to its call for the warring parties to refrain from actions designed to hinder the cooperation of victims, witnesses and civil society organizations. With regard to the lines of investigation into the crimes committed since 2003, my delegation takes note of the progress in the trial against Ali Abd-Al-Rahman. As that is the first trial resulting from a referral by the Council, its conclusion, scheduled for 2025, will set an important precedent. In the same vein, the Office of the Prosecutor must continue to push for action to ascertain the whereabouts of Mr. Al-Bashir, Mr. Hussein and Mr. Harun, in order to bring them to justice. No one is above the law. My delegation supports the establishment of a specialized centre for tracking and collating information on fugitives. The progress that the Office of the Prosecutor is making in pursuing the lines of investigation can only be consolidated to the extent that it receives effective cooperation from the Government of the Sudan. In that regard, we welcome the tangible progress made in dealing with pending requests for assistance and the issuance of visas. My country urges the Sudanese authorities to continue to cooperate with the Office of the Prosecutor, including by surrendering fugitives for whom arrest warrants are outstanding. In conclusion, Ecuador reaffirms its support for the International Criminal Court as an independent and impartial judicial institution and stresses the need to preserve its integrity in the face of any threat or measure against it, its officials and those who cooperate with it.

As this is our first formal meeting this month, allow me to congratulate the Republic of Sierra Leone for assuming the presidency of the Security Council for the month of August. We assure you of our fullest support during your tenure. We also thank Russia for its exemplary presidency in the month of July. Mozambique extends its thanks to Mr. Karim Khan, Chief Prosecutor of the International Criminal Court (ICC), for presenting the thirty-ninth report on the situation in Darfur and for his briefing. We acknowledge the presence of the Permanent Representative of the Sudan in this meeting. Accountability for the most serious crimes under international law is a matter of great priority for the international community and the Security Council. Violations of human rights and international law, including international humanitarian law, that occur in the Sudan must be held to account. We are bound by the Charter of the United Nations, the Rome Statute and Security Council resolutions to uphold the rule of law. The situation in the Sudan is of grave concern. Millions of people have been displaced and are in acute need of humanitarian assistance and protection. Thousands of civilians have been killed, and atrocities against civilians continue unabated. The victims of those horrendous crimes deserve justice. They are not mere statistics. They are human beings who deserve the Council’s special attention. The crimes allegedly committed in the country must be investigated, prosecuted and tried, with an emphasis on sexual and gender-based violence, including violence against children. Children, as the future of humanity, have the right to protection and must not be subject to situations that might impair their physical and psychological development. The international community must stand with the Sudanese people in their long-awaited quest for truth, justice and reparation. Independent, impartial and expedited investigations, with tangible results, must remain our common tangible goals. In that context, we welcome the progress made by the Office of the Prosecutor in its various lines of inquiry and the outcomes outlined in the report under consideration. In order to ensure accountability for the alleged crimes committed in the Sudan, an independent and impartial judiciary, as reaffirmed in the Juba Peace Agreement, is essential. In that regard, we note the detailed information regarding the ongoing trial of Mr. Ali Muhammad Ali Abd-Al-Rahman, provided in the report of the Prosecutor. We support the efforts of the Office of the Prosecutor to bring other suspects to justice. While justice is crucial, we recognize that a political solution is necessary to address the root causes of the conflict. We call on all parties to seek a negotiated settlement to end the suffering of the Sudanese people, in particular women and children, who are paying a heavy toll. As members of the Council, it is our responsibility to promote and encourage a negotiated settlement of the conflict in the Sudan, as well as to support the efforts of the Office of the Prosecutor to ensure accountability. Cooperation plays a pivotal role in the success of the work of the Office of the Prosecutor. We welcome the reported positive developments in cooperation between the Office and the Sudanese authorities, as well as cooperation with third States, international and regional organizations, civil society organizations, victims and survivors of crimes committed in Darfur. The engagement of the Office’s representatives with the Sudanese authorities, which took place during the visit to Port Sudan in March, and the execution of the Office’s requests for assistance by the Sudanese authorities outlined in the report, represent positive steps. We, therefore, encourage the Office of the Prosecutor and the Sudanese authorities to continue working in partnership, in line with the principle of complementarity enshrined in the Rome Statute. Timely and effective cooperation, while respecting the sovereignty, territorial integrity and political independence of the Sudan, is critical for the implementation of resolution 1593 (2005). Similarly, strengthening the rule of law, supporting peace processes and ensuring stability are vital steps towards the Sudan’s long-term prosperity and well-being.

Given that this is the first open meeting of the month, let me congratulate you, Mr. President, and your team on assuming the presidency and pledge my delegation’s support as you carry out your duties. I thank Prosecutor Khan for his report and for his briefing to the Council today on the ongoing investigations and prosecutions of the International Criminal Court (ICC) related to the situation in Darfur. His report describes events in Darfur as a human catastrophe, calling attention to civilians’ deep suffering. Those investigations and prosecutions are essential to fight against impunity of the individuals responsible for that suffering. The Council heard reports of very similar atrocities against civilians in Darfur two decades ago, when innocent populations bore the brunt of a campaign of collective punishment. Today some of the same actors are again victimizing vulnerable communities, a circumstance possible in part because perpetrators were never held accountable for committing atrocities 20 years ago. The Rapid Support Forces (RSF) in Darfur are committing widespread acts of sexual violence, attacking health-care facilities and burning villages. In a horrifying echo of the past, the Rapid Support Forces, together with affiliated Arab militias, have been targeting members of the Masalit and other non-Arab populations of West Darfur. They are reportedly hunting men and boys, shooting civilians fleeing their homes and kidnapping and raping women and girls. Attacks in El Geneina, Ardamata and El Fasher have reportedly killed thousands of civilians and forced countless more from their homes. Displaced persons face further violence and degradation. The violence, targeted along ethnic lines, is the result of unresolved grievances exacerbated by decades of conflict. The Sudanese Armed Forces have reportedly conducted indiscriminate air strikes, systematically blocked humanitarian aid shipments and directed extreme violence at civilians as a tool of collective punishment. The systematic sexual violence committed against women and girls in Khartoum, throughout Darfur and across the Sudan is appalling. Reports from around the country show the destruction of maternity wards, attacks specifically targeting women and widespread instances of rape. We condemned those tactics in the early 2000s. We condemn them again today. The violence must stop, and those responsible must be held accountable. This past December, Secretary Blinken announced his determination that the RSF and allied militias are responsible for crimes against humanity and, in Darfur, ethnic cleansing, and that members of the RSF and the Sudanese Armed Forces committed war crimes. We continue to closely monitor the situation and will not hesitate to condemn violations when we see them. In addition to justice, survivors and displaced persons urgently require access to food, medical care and psychological services. As the Sudanese population increasingly faces famine-like conditions, the need for humanitarian access becomes more critical by the day. We welcome the efforts by the Office of the Prosecutor to advance accountability, in the light of the human suffering in Darfur. We appreciate the advances that the Office has made, including by deploying its teams to Chad and other countries to engage with victims and survivors, its work with civil society organizations and other external partners on documentation and evidence collection and its engagement with authorities on the ground, including Arab tribal leaders. We hope that those measures will lead to concrete progress towards holding those responsible for both past and current violence to account. Of course, none of that would be possible without the courage of victims and communities, which have shared their stories with the ICC, civil society organizations and the media. International law provides clear obligations in armed conflict. Those responsible for violations must be held accountable. We owe that to the people of Darfur, who have been waiting for justice for far too long. The United States has long supported accountability in the existing cases before the Court, including with respect to the ongoing trial of former Janjaweed commander Abd-Al-Rahman and the fugitives from justice. Our Global Criminal Justice Rewards programme maintains a $5 million reward for information that leads to the arrest, transfer or conviction for war crimes or crimes against humanity of former Minister of State for the Interior Ahmad Harun. While we are encouraged by reports that the Sudanese authorities are beginning to cooperate with the ICC, we call on them to do more. That includes arresting the fugitives who remain at large, granting ICC teams access and protection to conduct investigative activities within the country, engaging with stakeholders and interviewing witnesses. We urge all countries to cooperate with the ICC on the suspects subject to arrest warrants. The human catastrophe in the Sudan demands decisive action by the entire international community. In particular, external actors must cease providing support to the warring parties and instead turn their attention to advancing peace talks. The causes of justice and accountability work hand in hand with the pursuit of peace. The horrific acts of violence committed by the Sudanese Armed Forces and the Rapid Support Forces and the humanitarian crisis that has resulted must end. It is long past time to break the cycle of impunity that has fed this conflict, to halt the killing and to empower the Sudanese people in their pursuit of a peaceful and prosperous future.

At the outset, allow me to convey to you, Mr. President, our very best wishes for a successful presidency in August. I thank Prosecutor Khan for his report and briefing. The mission entrusted by the Council to the International Criminal Court in Darfur remains essential, given that the conflict, which has broken out in the whole of the Sudan, is jeopardizing the stability of the country and the region. France is concerned by the continued clashes in the city of El Fasher in North Darfur and by the spread of those clashes to Sennar state. We condemn that escalation and the violations of human rights and international humanitarian law that have been perpetrated since April 2023. In view of the magnitude of the crimes allegedly committed in Darfur and in the rest of the country, it is urgent that all parties act at all levels to ensure the protection of the civilian population. Senior officials must issue directives to that effect. The parties participated in negotiations on humanitarian issues, conducted under the auspices of the Personal Envoy of the Secretary-General for the Sudan, Mr. Ramtane Lamamra, held in Geneva in July. Those efforts must continue in order to bring about a peaceful resolution of the conflict, drawing upon international and regional peace initiatives, as stated in the Declaration of Principles adopted in Paris on 15 April 2024. We support the work of the Personal Envoy of the Secretary-General, and we support all efforts led by the United States, the region and the Sudan’s neighbours. We call upon the two parties to participate in the peace talks to be held in Geneva starting on 14 August. In the light of the Prosecutor’s report, we reiterate our call on all foreign actors to refrain from fuelling the conflict by arming, financing or providing logistical support to the parties. The fight against impunity contributes to restoring peace in the Sudan. In that respect, we welcome the increased attention paid to crimes committed against children and sexual crimes. We welcome the significant and expeditious progress by the Office of the Prosecutor in its inquiries into the widespread allegations of international crimes in Darfur, thanks to extensive field deployments on the ground in Chad and Port Sudan to gather testimony and evidence. All parties must cooperate with the Office of the Prosecutor and uphold their commitments under resolution 1593 (2005), the Juba Peace Agreement and the memorandums concluded with the Office of the Prosecutor. The granting of visas to the investigation team of the Office of the Prosecutor, support for the Office’s deployments in Port Sudan and the provision of information in response to its requests for assistance are positive developments. We encourage the Sudanese authorities to broaden that cooperation. France welcomes the continued progress being made in the case of Mr. Abd-Al-Rahman, otherwise known as Mr. Ali Kushayb. That trial represents a crucial turning point for the survivors and the families of the victims. We welcome the increased cooperation between the Office of the Prosecutor and third States, international organizations and Sudanese civil society organizations, which have helped to advance the Court’s various investigations. The Prosecutor can count on France’s support for the Court, which is the only permanent international criminal jurisdiction with a universal vocation, in the mission entrusted to it by the Council in Darfur.

First, I would like to congratulate Sierra Leone on assuming the presidency for this month. You, Mr. President, and your team have our full support. I thank Prosecutor Karim Khan for his sobering briefing today. We also welcome the representative of the Sudan to today’s meeting. Malta deplores the attacks against civilians and civilian infrastructure in the Sudan. The ongoing violence has deepened the already catastrophic humanitarian crisis, which has been further exacerbated by acute food insecurity, confirmed reports of famine conditions in parts of Darfur and increasing displacement. We strongly condemn all violations of international humanitarian law and international human rights law in Darfur and the rest of the country. We reiterate our steadfast call, as also supported by the Council, for a ceasefire between the Sudanese Armed Forces and the Rapid Support Forces and their respective affiliated militias. That must be accompanied by the full, rapid and unimpeded access of humanitarian relief and by respect for international law. Malta supports the ongoing mediation efforts, including those led by Personal Envoy Lamamra. We also encourage increased coordination among regional and subregional mediation initiatives. It is truly regrettable that impunity for the atrocities committed in Darfur in 2003 has emboldened perpetrators of current crimes. We stress that there must be accountability for all crimes committed in Darfur and the rest of the country. Perpetrators must not go unpunished, and the voices of victims must remain at the centre of the process. Justice for the people of the Sudan must prevail. We welcome the continued progress in the Abd-Al-Rahman case, as well as the continued investigations in the Al-Bashir, Hussein and Harun cases. Investigations and prosecutions must continue unabated. In that regard, we welcome the positive steps taken by the Sudanese authorities in their cooperation and communication with the International Criminal Court (ICC). That includes the issuance of visas and engagement on the pending requests for assistance. We encourage the Sudanese authorities to continue strengthening their cooperation with the Office of the Prosecutor and to swiftly execute all remaining and future requests for assistance. We commend the Office of the Prosecutor’s work in investigating crimes allegedly committed in West Darfur and El Fasher and the increased collection of information and evidence. That includes extensive engagement with stakeholders, victims and witnesses and continued open-source investigations. Malta welcomes the Office’s engagement with local civil society organizations that are gathering evidence and documenting crimes within the jurisdiction of the ICC. The inclusion of the affected communities in the ICC’s work is essential for delivering justice and accountability. We also welcome efforts by the Office of the Prosecutor to engage with refugees in Chad and the facilitation of such meetings by the Chadian Government. We also encourage further dialogue between the tribal leadership of Arab communities in Darfur and the Office of the Prosecutor. Women and children are bearing the brunt of the conflict, particularly through the widespread perpetration of gender-based crimes. That is deeply troubling, and we emphasize the need to prioritize investigations addressing crimes of sexual and gender- based violence and crimes against children. The commitment to seek accountability for sexual and gender-based crimes must result in strengthening the application of a gender analysis and securing new convictions. In that regard, the collection of information and evidence is welcome. We further underline the urgent need to provide victims of sexual violence with access to integrated medical care, including sexual and reproductive health care, psychosocial support, legal assistance, reintegration and community- based prevention. In conclusion, Malta remains steadfast in its support to the ICC and its efforts to promote accountability. We must collectively ensure justice for all victims and survivors, which, alongside a transition to civilian democratic rule, is indispensable to a durable and sustainable peace in the Sudan.

At the outset, I would like to congratulate the delegation of Sierra Leone on the assumption of the presidency of the Security Council. We wish you every success, Mr. President, and we express our confidence that you will lead the Council with great professionalism. I also thank the delegations that welcomed the Russian presidency in July. We listened to the presentation of the thirty-ninth report of the so-called Prosecutor of the International Criminal Court (ICC) regarding the situation in Darfur. There is nothing new here. On the one hand, we see the usual bluster with reference to non-existent successes. On the other, we see self-justification and finger- pointing regarding the all-too-real failures. We are appalled that, every six months since 2005, the Security Council has had to spend scarce time and resources to consider such useless pro forma reports. Today’s report is no exception. Today Mr. Khan once again justified the ineffectiveness of his Office by mentioning hardships, lack of resources and insufficient cooperation. The ICC must always blame someone else. Officials of this pseudo-legal body pontificate about responsibility but are unwilling to assume responsibility when it comes to their own failures. For Mr. Khan, this is a well-worn tactic. We heard his vague reports on many occasions when he was the head of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/Islamic State in Iraq and the Levant, until it became clear that, under his leadership, that body essentially did nothing. However, he had then already moved to the ICC. It is high time for our colleagues on the Security Council to face the truth and draw sober conclusions. For two decades, the reports of ICC prosecutors have served the sole purpose of pretending to be busy against the background of blatant sabotage of the tasks set by the Council. The current situation in the Sudan perfectly refutes the hackneyed mantra that the ICC’s involvement is allegedly contributing to national reconciliation and stabilization. On the contrary, this body has nothing to do with justice, and only seeks to carry out the political orders of its masters. In doing so, it merely worsens the situation and serves as a battering ram for regime change, as was the case in Libya with the arrest warrants for local leaders, justified by low-grade fake information. Indeed, no ICC official has ever been held responsible for fabricating evidence of non-existent wrongdoings. The internal investigation launched in order to divert attention predictably went nowhere. Mr. Khan wanted everyone to forget about it, but we will not forget. This pseudo-court and its puppet prosecutors deliberately swept under the carpet abundant evidence of crimes committed by NATO countries. No one from the Western militaries, let alone their leaders, have been held responsible for the atrocities in Afghanistan and Iraq or the military aggression against Libya. This pinnacle of double standards and hypocrisy has turned the so-called International Criminal Court into an international criminal disgrace that discredits the very concept of international criminal justice. The high hopes of the international community were doomed to fail. With the creation of the ICC, the collective West only gained yet another obedient instrument that can be used to impose its will and fulfil its hegemonic aspirations. Against that backdrop, this ongoing farce, designed to cover up the total inaction on the situation in Gaza, is not surprising. We note that the situation has been before the ICC Prosecutor’s Office since 2015. In almost 10 years, not a single real step has been taken to combat impunity. The International Court of Justice, which is not a criminal court and became involved much later, has already taken much more decisive action amid the current escalation. The ICC can only boast of dubious public relations stunts. Over the past 10 months of a real bloodbath and humanitarian catastrophe in Gaza, Mr. Khan has done nothing at all. Then, for some reason, he trumpeted in all media about an ICC request — not an issuance — of arrest warrants. It is been more than two months since then. On 27 June, the Pre-Trial Chamber suspended the request for arrest warrants. In addition, the process of issuing warrants was stalled by the United Kingdom — Mr. Khan’s country of citizenship — which applied to join the process. That is an interesting coincidence, is it not? This whole situation once again clearly demonstrates that the ICC obediently implements the policy of its Western masters, coordinating in advance all of its manoeuvres with them. For example, the British application for intervention in the process was possible only because of Mr. Khan’s disclosure of information regarding the request for the issuance of warrants. It is noteworthy, that no such announcements were made in other situations. On the contrary, even after the issuance of warrants, often information about them was kept secret for years. We saw the news that the new British Government publicly announced that it would no longer dispute the issuance of warrants. That only confirms the thesis that there was never any question of justice from the outset. To submit it or not to submit it is a political decision by the West. One day they block it, another day they graciously allow it. In such a scheme, justice, fairness and the fight against impunity are a smokescreen for the political interests and underhanded ploys of the elites of the collective West. No less revealing is the manoeuvring by the United States, which imposes sanctions against officials and then withdraws them, only to reinstate them. Washington, which is not even a party to the Rome Statute of the Court, openly uses carrot-and- stick tactics against the Court, reminding officials of that pseudo-legal institution whom it is they are really serving and whose interests they are defending. However, let us return to the so-called “report” on the situation in Darfur. That paper clearly demonstrates the complete futility and dysfunctionality of the ICC. The only trial is the one against Ali Kushayb, which started 17 years after the situation in Darfur was referred to the ICC. The trial is masquerading as work and is a blatant mockery of the concept of justice. After 20 years of procrastination by the Court in relation to Darfur and its direct complicity in the destruction of the Libyan State, there are concrete conclusions to be drawn. It is clear that the Council should never again refer any situations to this pseudo-court. That is a given and not even for discussion. The Council should withdraw the Darfur and Libya situations from the ICC, and we see no point in continuing with the ritualistic hearing of hollow reports. The ICC itself treats the Council only as a commodity, seeking to aggrandize itself through its alleged inclusion on the Council’s agenda. Now, after 20 years of inactivity, the pseudo-court, with the green light from its Western masters, has suddenly become interested in the situation in the Sudan. For some reason, its officials are convinced that the Court has jurisdiction over recent events. In that connection, we would like to underscore that, in 2005, the investigation of a specific situation was referred to the ICC. That institution completely failed in the task. The Council did not entrust it with investigating the most recent escalation. Thus the ICC is brazenly and unceremoniously overstepping its mandate, interpreting at will the Council’s resolution to suit itself. Overall, the ICC’s dubious track record speaks volumes: Western justice for and fairness to the victims are nothing more than empty rhetoric on the part of that institution. It is time that Council members stopped wasting time on the pointless theatrics by the prosecutors of that institution and focused on assisting national judicial bodies. Practice has consistently shown that if anyone is capable of achieving sustainable national reconciliation and stabilization, it is them.

Allow me to congratulate you, Mr. President, on Sierra Leone’s assumption of the presidency of the Security Council for this coming month. We wish you every success. We also welcome the presence of the representative of the Sudan at today’s Council meeting. I wish also to thank Prosecutor Khan for his thirty-ninth report on the situation in Darfur and for his briefing to the Council today. The United Kingdom is alarmed by the escalation of violence inside the Sudan, including in Darfur. The ongoing fighting in El Fasher has caused significant civilian loss of life and has forced thousands to flee their homes. There are also a growing number of reports alleging that serious international crimes are being committed in Darfur and elsewhere in the Sudan. That includes the recruitment of child soldiers, conflict-related sexual violence and violence targeted at specific ethnic groups. We are gravely concerned by such reports. In that context, we particularly welcome the progress that the Office of the Prosecutor has made in advancing accountability, as outlined in the thirty- ninth report, including through continued engagement with Sudanese civil society organizations and through the extensive deployment of investigators to Chad to collect further testimonial evidence. The United Kingdom also welcomes some signs of improved cooperation from those in power in the Sudan, including through the provision of visas, the facilitation of a field visit to Port Sudan and engagement in relation to certain priority requests for assistance. It is essential that the cooperation continue to improve. The United Kingdom is also pleased to note the continuing progress in the trial of the former Janjaweed commander, Mr. Abd-Al-Rahman, also known as Ali Kushayb. As that landmark case moves towards its final stages, we pay tribute to the more than 100 victims and witnesses who have participated in the trial. Such trials are critical to ensuring accountability and justice. Indeed, the progress in the trial serves to highlight the crucial importance of ensuring that the other individuals subject to outstanding arrest warrants are surrendered to the Court. We call upon the Sudanese authorities to do more to respond substantively to the Office of the Prosecutor’s request for information concerning the whereabouts of Ahmad Harun, Omar Al-Bashir and Abdel Raheem Hussein. Finally, we note that, in October 2023, the Human Rights Council adopted the Sudan core group resolution (Human Rights Council resolution 54/2) to establish an independent and international fact-finding mission. We believe that this represents a further important contribution to ensuring impartial investigations of human rights violations and abuses. The United Kingdom reiterates its continued support for the International Criminal Court and its important work in this situation. The conflict must not be forgotten, and we remind all parties to the conflict that the Prosecutor’s mandate is ongoing.

I shall now make a statement in my capacity as the representative of Sierra Leone. Let me first start by thanking Council members for their most kind words directed to my delegation regarding its assumption of the presidency for this month, and allow me to echo the commendations to the Russian Federation for its successful presidency in July. I thank the Prosecutor of the International Criminal Court (ICC), Mr. Karim Khan, for his valuable and sobering briefing. I also thank the Prosecutor and his team for the thirty-ninth report of his Office to the Security Council. I welcome the participation of the representative of the Sudan in this meeting. Sierra Leone commends the Prosecutor’s work and assures him and his team of our full support. We emphasize the importance of independent, impartial and swift investigations in all cases and situations for which the ICC has jurisdiction, in particular those related to today’s briefing. In our maiden statement on this agenda item just over six months ago (see S/PV.9538), we highlighted the ICC’s role, alongside the Security Council, in ensuring accountability for atrocity crimes and promoting peace. Today we reiterate our commitment to those principles, emphasizing and prioritizing accountability during our Security Council tenure. In the face of threats and attacks, Sierra Leone reaffirms its unwavering commitment to, and support for, an independent, impartial and effective ICC. Turning to the thirty-ninth report of the ICC Prosecutor, Sierra Leone is deeply concerned about the worsening situation in Darfur and in the Sudan generally. The situation in Darfur is described by the Prosecutor’s report as “a profound human tragedy. It represents an unprecedented humanitarian crisis marked by allegations of crimes falling under the jurisdiction of the […] Court committed on a massive scale”. The report informs of the Office of the Prosecutor’s increased collection of information and evidence concerning, inter alia, gender-based crimes, crimes against children, the indiscriminate targeting of civilian populations, attacks against internally displaced persons camps, killing, pillaging and the shelling or targeting of civilian objects. We welcome the Prosecutor’s Office significant progress in investigating alleged crimes, including gender-based crimes and crimes against children committed in Al Geneina and its surrounding areas in West Darfur, and in monitoring and preserving evidence relating to crimes in El Fasher. We recognize the serious extent of the ongoing alleged crimes in Darfur. Given those concerns, we urge the parties to cease hostilities and uphold their obligations under international law, including international humanitarian law and human rights law. The cessation of hostilities is even more pressing, as the humanitarian situation is reported to have reached a catastrophic level. A staggering 10 million people have been displaced, including 2 million who have fled the country. That massive displacement has left more than half of the population in need of humanitarian aid. The increasing need for humanitarian aid and the unabating trend of the conflict underscores the urgent need for justice and accountability for the people of Darfur. Incredibly, the ongoing situation in Darfur since the outbreak of hostilities in Khartoum on 15 April 2023 between the Sudanese Armed Forces and the Rapid Support Forces and affiliated armed groups mirrors the findings of the International Commission of Inquiry for Darfur established almost 20 years ago, and for which resolution 1593(2005) was adopted. Although we take note of the progress reported, particularly in the trial of Ali Muhammad Ali Abd-Al-Rahman, the first stemming from a Security Council referral, we are of the firm view that accountability for past crimes is crucial to addressing recent and ongoing violations. Therefore, we underscore the crucial need to ensure that the pursuit of justice and accountability is accompanied by efforts to address the underlying factors contributing to conflict and human rights violations. By tackling those root causes, we can prevent future atrocities and build sustainable peace in the Sudan and in the region. We commend the Prosecutor’s engagement with all parties and the cooperation from Sudanese authorities. We also take note of the important cooperation of victims and survivors, as well as States and non-State actors, in particular civil society organizations. All actors should preserve evidence amid the ongoing conflict, as that is crucial for a comprehensive peace framework based on justice for victims. Similarly, the ICC’s support for third States’ investigations into crimes committed in Darfur highlights the importance of international cooperation and the principle of complementarity in addressing global challenges and promoting the rule of law. Sierra Leone recognizes the nexus between peace and justice. The two are mutually reinforcing and not exclusive. Ensuring accountability for crimes in Darfur must go hand in hand with efforts to reach a comprehensive political resolution. In conclusion, therefore, Sierra Leone calls for a ceasefire in the Sudan to pave the way for peace, stability and democratic order. We reaffirm our unwavering support for the activities of the ICC and the Office of the Prosecutor in fulfilling their mandate in Darfur. The independence of the Office must be protected, and cooperation from all partners ensured. We call upon all Member States and relevant actors to fully cooperate with the ICC and prioritize the protection of the most vulnerable in Darfur in order to achieve accountability and peace in the Sudan. We look forward to the next report, noting that the Prosecutor’s Office will be taking targeted steps to fill evidentiary gaps with a view to presenting, in due course, applications for warrants of arrest to the Pre-Trial Chamber of the Court. I resume my functions as President of the Council. I now give the floor to the representative of the Sudan.

At the outset, I would like to congratulate you, Mr. President, on your presidency of the Security Council for the month of August and to express our readiness to work with you in order to facilitate your tasks. I would also like to congratulate the Russian Federation on its ideal leadership of the Council’s work last month. I would like to thank Mr. Karim Khan, Prosecutor of the International Criminal Court (ICC), for his briefing and for his thorough thirty-ninth report. The situation in Darfur was referred by the Security Council to the ICC as per resolution 1593 (2005), based on the prerogatives noted in article 13 (b) of the Rome Statute. The former Government of the Republic of the Sudan refused to cooperate with or respond to any request from the Office of the Prosecutor between the adoption of the referral resolution in 2004 and May 2021. After the glorious December revolution, communication resumed, which resulted in the signing of a memorandum of understanding between the Government of the Republic of the Sudan and the Office of the Prosecutor in August 2021. Furthermore, steps were taken to accede to the Rome Statute, which established the ICC, and to adopt certain legislative amendments by which four crimes under the jurisdiction of the ICC have been incorporated into national laws, including the Penal Act of 1991, the Armed Forces Act of 2007 and the Criminal Proceedings Act of 1992. As part of that cooperation, representatives of the Office of the Prosecutor made multiple visits to the Republic of the Sudan and met with top officials. They also visited the refugee camps in Darfur state. In August 2022, the Prosecutor delivered his briefing to the Council from Khartoum in the Sudan — a first in the history of the ICC, which demonstrates our political will to work with the ICC in the context of judicial complementarity. The Government of the Sudan seeks further cooperation with the ICC. To that end, the President of the Transitional Sovereign Council issued order No. 191 of 2023, by which a committee has been established to coordinate with the ICC, headed by a judge from the Supreme Court and with membership from relevant national authorities. That took place following the meeting between the Prosecutor and the President of the Transitional Sovereign Council during the seventy- eight session of the General Assembly. As a result of the continuous communication between the committee and the Office of the Prosecutor through various channels, the committee has prepared responses to 38 pending requests since 2020, a fact welcomed in writing by the Office of the Prosecutor and referenced in the current report before the Council. As part of the ongoing weekly communication with the ICC, the committee held meetings and responded to all requests by the Office of the Prosecutor up until 31 July. The Government of the Sudan would like to see similar cooperation from the ICC to achieve justice and equity for victims, in line with the options available, to ensure the stability, sovereignty and unity of the Sudan. The committee is ready to respond to the requests of the Office in the context of constructive cooperation and according to the aforementioned memorandum of understanding. Regarding the legal status and the commitments of the Government of the Sudan in upholding international humanitarian law, we are repeating our request for support to the national plan on the protection of civilians, which was submitted officially by the Government of the Sudan to the Council in April 2022. We would like to clarify the fact that the hostile acts committed by the militia have inflicted serious damage on vital infrastructure, facilities and civilian objects. Furthermore, there have been systematic and widespread acts of pillaging and vandalism, including of food manufacturing facilities. Despite that, the armed forces maintained a defensive posture against the attacks by the uncontrolled Rapid Support Forces militia. That demonstrates a commitment to refraining from military escalation. Although the Sudanese people are facing a war of aggression supported by multiple regional and international actors, the armed forces are committed to self-defence, the reduction of casualties, early warnings to civilians so that they can evacuate from areas of confrontation and the avoidance of targeting civilian objects, despite the fact that the militia and its foreign allies have occupied the homes of the citizens and forcibly deported foreigners from the Sahel in order to take their place. Accordingly, a new Armed Forces Act has been issued, in which the rules of international humanitarian law were included under the section entitled “Crimes committed by combatants during military operations”. Those crimes include war crimes and crimes against humanity. Furthermore, a memorandum of understanding was signed with the International Committee of the Red Cross to promote the rules of international humanitarian law and incorporate them into the armed forces’ operating procedures, education and training curricula. With regard to the reference in the Prosecutor’s report to gender-based violence, we would like to clarify the following. Sexual and gender-based violence has increased in areas targeted by the Rapid Support Forces militia, who use it as a means of destabilizing safe zones, forcing civilians to evacuate their homes and creating a sense of insecurity. That brutal violence was perpetrated in the states of North Kordofan, Darfur, greater Khartoum, Gezira, White Nile and Sennar, where those militias invaded more than 80 villages and cities, increasing the rate of displacement and worsening the humanitarian situation. The report on combating violence against women and children is issued by an independent national entity responsible for protecting women, girls and children, setting standards for handling cases of gender-based violence and reporting on the situation of those vulnerable groups. Since December 2023, when the Rapid Support Forces militia invaded Gezira state, the rate of displacement to Gadarif, Kassala and White Nile has increased. The distance between the departments hosting health and justice services responsible for health care, the administration of justice and the filing of official reports and complaints has made communication a challenging issue, affecting the effectiveness with which crimes involving conflict-related sexual violence are documented and, in particular, services are provided to women survivors. With areas of protection shrinking as a result of the brutal incursions and attacks carried out by militias targeting civilians with criminal intent and driven by revenge and retaliation against certain urban groups for ethnic reasons, those militias have used sexual violence to extort civilians and have even coerced young men to join their forces. Lest there be any doubt about its limitations in that regard, the Government, with funding from the United Nations Population Fund and in coordination with relevant local organizations, began to increase compliance with standards for the protection of women and girls from sexual harassment, managing humanitarian and social work in shelters for displaced people in White Nile state and forming protection committees for shelters supervised by volunteers. The standards for protection from sexual exploitation and abuse were also incorporated into Sudanese legislation and into standards for professional conduct and increased responsiveness to sexual violence. With funding from UNICEF, a group of girls in shelters, along with social researchers and the judicial authorities, including prosecutors, the judiciary and police, were trained in response and prevention methods. Alongside that, an appropriate protocol was developed for dealing with cases of forced pregnancy caused by the Rapid Support Forces militias. The Ministers of Social Development and of the Interior agreed to establish gender offices within family and child protection units and to strengthen the partnership between the police in the area of protection and awareness-raising to prevent sexual exploitation. The aforementioned services documented 191 incidents of sexual violence, accounting for a small percentage of the violations classified as conflict- related sexual violence, which the militia and its brutal allies use as a weapon against women in the current war of aggression, with multiple objectives, including humiliation, ethnic degradation, ideological profiling and abasement, forced eviction, systematic forced displacement, the terrorizing of civilians and the kidnapping and sale of girls or their trafficking across borders. I conclude this section by emphasizing that most violations of conflict-related sexual violence were committed inside homes that were raided by armed men who survivors said had been wearing uniforms of the Rapid Support Forces militia. In that context, during the upcoming visit of Ms. Pramila Patten, Special Representative of the Secretary-General on Sexual Violence in Conflict, expected to take place in October, the Sudan will sign once again the cooperation framework that it concluded with the United Nations in 2018. As for the human rights violations and war crimes mentioned in the report, including atrocities, gross violations of human rights and international humanitarian law and war crimes, the State has resorted — given the war, its intensity and the collapse of official institutions — to establishing the following national human rights mechanisms: a committee on the investigation of violations perpetrated by the Rapid Support Forces, chaired by the Attorney General and composed of members representing the relevant authorities; a committee within the National Human Rights Commission to monitor violations; a reporting application for the armed forces that documents human rights violations, such as the occupation of homes and arbitrary checkpoints that obstruct the passage of citizens; and a reporting application for the police, devoted to criminal matters. In that context, I would like to remind the Council that the report of the World Health Organization referred to attacks carried out by the Rapid Support Forces militia on 60 health-care facilities, expelling patients and health-care staff, destroying judiciary and land records and targeting judicial and rule of law institutions in conflict zones. That has also led to the slow processing of requests submitted by the Office of the Public Prosecutor and disrupted the work of some prosecutors’ offices, the receipt of citizens’ reports and data recovery measures in cases brought in conflict-affected areas. With regard to statistics pertaining to crimes committed by the Rapid Support Forces, the Sudan was commended for the first time by the Prosecutor in his report before the Council. We have made it clear that the Sudan, while not a State party to the Rome Statute, is cooperating with the ICC and that it is doing so in compliance with resolution 1593 (2005). We ask the Council to consider the following facts. The national justice system is operating under difficult and critical circumstances, as the Rapid Support militia has deliberately destroyed the judiciary’s memory, burned its records and documents, and emptied prisons holding people convicted of terrorism offences — and there are videos documenting those crimes. The report calls on the Sudan to prosecute criminals and extradite suspects. The justice system has responded to questions, some of which relate to individuals whose whereabouts cannot currently be ascertained in the midst of the war — nor can urgent investigations concerning them be carried out, an aspiration that is undermined by the facts on the ground. After the war broke out, the Office of the Public Prosecutor opened criminal cases involving violations committed in conflict zones. The Attorney General concurrently disseminated a circular to all prosecutors’ offices, instructing them not to be bound by specific jurisdictions or by the location where the case was registered and requiring prosecutors in all states to register cases in areas of the state affected by the war. A total of 981 violations were reported in war zones. The prosecution took note of cases of violations against women and children. An office for coordination and liaison with the ICC has been established, comprising a number of judicial and legal authorities and relevant figures, headed by a Supreme Court justice who visited The Hague, met with the legal team of the Office of the Prosecutor and hosted that team in Port Sudan. The national committee tasked with investigating war crimes and violations attributed to the Rapid Support Forces issued the following statistics pertaining to those violations. I refer to those statistics in order to assist the Prosecutor with his investigation. A total of 12,470 criminal cases related to human rights violations were brought against the Rapid Support Forces, and 246 arrest warrants were issued against a number of accused commanders and members of the Rapid Support militia. Of the criminal cases that have concluded, 50 cases were referred to national courts and 23 cases were adjudicated, with convictions handed down against the collaborators. The number of child victims of those violations who were killed, injured, forcibly displaced, missing or forcibly recruited is approximately 26,470. Regarding the citizens who were forcibly displaced as a result of the militia’s actions and violations, they amount to 14,197,735. The number of women and girls affected by those atrocities and violations stands at 216,000. More than 5,000 civilians have been killed by crimes amounting to genocide and war crimes in El Geneina, West Darfur. The number of civilians wounded in El Geneina is more than 8,000, and more than 5,000 have been forcibly abducted by the militias. That is in addition to those held in special detention sites determined by the militias. The number of cars registered in the INTERPOL list of stolen vehicles is 27,378. The number of inmates who escaped from prisons, including those convicted of terrorist crimes, is 19,790. In all, 31 central and State prisons were attacked, more than 26 banks were looted, and mercenaries from 12 countries participated alongside the militias. Regarding cooperation pertaining to wanted persons or suspects, as noted by the Prosecutor, there are three options that he can discuss with the higher authorities and the competent judicial bodies. First, he can enhance existing cooperation with the Sudan, which he commended, and proceed to choose the option of a special national court, a hybrid court or, as a last resort, the International Criminal Court, on the basis of article 86 of the Rome Statute, for non-State parties, and to provide assistance, as noted in part 9, in connection with investigations conducted by the International Criminal Court on the territories of the Sudan when suspects do not voluntarily surrender themselves, as is the case with Ali Kushayb, also known as Mr. Abd-Al-Rahman, because the current legal system operates within frameworks related to transitional justice and legal reform. Requests for cooperation, in accordance with paragraph (1) of article 99 of the Rome Statute, shall be carried out in accordance with the procedures established by national law. Optimal cooperation between the Court and national judicial organs shall be carried out in accordance with the principle of complementarity. The Council should establish rules for that cooperation so that other non-State parties can also benefit. The Sudan stands with the victims of war crimes and crimes against humanity and is working hard to fight impunity. That is one of the demands of the December revolution, and it is stipulated in paragraph 5 of the Constitution, which calls for the need to reform the State organs and to prosecute the former regime in order to hold it accountable for all its crimes. That should take place within legal parameters that must be agreed upon, especially with regard to crimes of an international nature. With regard to the former President Omer Al-Bashir, Ahmed Harun and Abdel Raheem Muhammad Hussein, two of them are being tried before the Sudanese judiciary, and we are awaiting a ruling. Their detention site was shelled by the Rapid Support Forces militia. It is worth noting that a team from the Public Prosecutor’s Office visited Port Sudan from 13 to 15 March and maintained contact with the liaison committee and the national committee for war crimes and violations of the Rapid Support Forces. As for the request related to the suspect Ahmed Harun, Mr. Harun publicly announced that he would appear before the authorities when asked, but his current whereabouts are unknown. As a result of the new atrocities committed in Darfur and other states, there is a national mechanism for information-sharing and investigations. There are also civil society organizations that are in contact with the International Criminal Court and the victims, from whom they collect information and testimony. They also target the evil major and neighbouring countries that supported a war of aggression by providing weapons and logistical support. There are more than 100 such organizations, which include human rights defenders, monitoring and documentation networks, lawyers without borders, organizations that fight impunity, journalists, professors, activists, doctors, community leaders, displaced persons in Darfur camps and activists from Darfur youth associations. They represent the voice of the Sudan’s elite, who are working hard to ensure that the perpetrators and leaders of States who have supported the war of aggression are held accountable. They are determined to include the perpetrators  — whether individuals or leaders of countries — on the list of those wanted by the International Criminal Justice. That makes the Sudanese elite and the Government of the Sudan the mouthpiece of a nation that has been betrayed many times, and creates a shift in the form of a renewed commitment to not compromise again on the principle of no impunity and an unwavering resolve to quash impunity. In conclusion, one Rapid Support Forces militia leader announced publicly last week that all civilians in places where the Sudanese Armed Forces are present are considered enemies. Since the adoption of resolution 2736 (2024), the militia has launched more than 90 operations using artillery shells and drones — targeting civilians, hospitals and health centres in North Darfur. Zamzam and other camps have not been spared. We therefore want that leader and others who oversaw the indiscriminate shelling of Darfur to be included on the list, pursuant to article 8 of the Rome Statute, since they used starvation as a weapon of war in the context of a war of aggression supported by foreign countries that was reported to the Council.

I now give the floor to Mr. Khan to respond to comments. Mr. Khan: I thank you, Mr. President, for this very gracious opportunity and for the very encouraging and supportive remarks shared today by many representatives. In relation to the comments made just now by the Permanent Representative of the Sudan, there is a lot one could say, but I will start by once again applauding his commitment to the memorandum of understanding that I signed in the Sudan in August 2021. That, of course, flows from a number of obligations that the Sudan has, by dint of the situation having been referred by the Security Council. I do want to emphasize that we have active investigations in place and that both the Rapid Support Forces and the Sudanese Armed Forces have clear and independent obligations to respect international humanitarian law. The fact that one party is committing violations is not a defence for another party doing the same. And every party, every individual, every soldier, every commander, every leader that knows that there are active conflicts under way, has an obligation to give clear orders to the subordinates to protect the most vulnerable. That is what is required in the Rome Statute. It is what is required by the basic principles of international humanitarian law. One thing is certain — in many of the reports that have been referenced, too many innocent Darfuris and too many innocent Sudanese are suffering beyond bearing. I do hope that the green shoots of cooperation that have been noted in this report can be further irrigated and can flourish and grow stronger in the next report by the time I come back, God willing, and brief the Council, because that is essential if we are to discharge the obligations referenced in the Juba Agreement for Peace in the Sudan and also the memorandum of understanding signed by the Government of the Sudan and the International Criminal Court. There is one general comment that must be made — no office, court, council or member State is perfect. We have to do better. The real test for all of us must be whether we put the Charter of the United Nations, as a foundational document, first, above of our own office, court and national interests, whether we are serious in trying to divert the trajectory that the people of the Sudan, Darfur and the world are currently facing. That is a question that all of us must reflect upon: are we really putting others first? We are trying to the best of our abilities in the Office to act with fidelity to the Rome Statute, but we need the Council’s help. I commit myself, once again, to working with all States Members of the United Nations to discharge this onerous responsibility to the best of my ability. I think, Mr. President, that your last comment — that there is a clear nexus between peace and justice and that they are mutually reinforcing, and your call for a ceasefire — is the most important one. Given the terrible humanitarian situation that has been referenced, the real danger of even more misery upon people — whom we must view as if they are our children, our brothers, our sisters, our parents, our family — requires us to look at new opportunities and, if there is that ceasefire, then the potential of the Rome Statute could come into play, whether it is through truth commissions or domestic or hybrid accountability mechanisms. All of those are possible, but until that time, we have an obligation to keep doing what we are doing, which is applying the law to the facts that we are seeing. Unfortunately those facts are telling a tale of misery, and that is why we are going to keep pursuing our obligation and seeking, however imperfectly, to discharge the obligation that the Council has placed upon us. This case — this situation — is a test not only for the Office, not only for the Court, but is a fundamental test for the Council and of the fidelity of the Council and all Member States to those fundamental principles of humanity that were raised in the aftermath of the Second World War and crystallized in the Charter. History is watching us all. I thank you, Mr. President, for the opportunity to brief you yet again today.

I thank Prosecutor Khan for the further comments provided.