S/PV.9955 Security Council

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 Ms. Nazhat Shameem Khan, Deputy 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 Ms. Khan. Ms. Khan: I thank you, Mr. President, for this opportunity to address the Security Council today. Please allow me to also express my thanks to His Excellency the Permanent Representative of the Sudan to the United Nations for his attendance. I was pleased to hold a constructive and collaborative meeting with him yesterday ahead of this briefing. We come together at a time at which it can seem difficult to find appropriate words to describe the depth of suffering in Darfur. The humanitarian position has reached an intolerable state. Hospitals, humanitarian convoys and other civilian objects are apparently being targeted. Famine is escalating and humanitarian aid is not reaching those in dire need of it. People are being deprived of water and food. Rape and sexual violence are being weaponized. Abductions for ransom or to bolster the ranks of armed groups have become common practice. However, we should not be under any illusion — things can still get worse. Our Office has closely tracked reports in recent weeks of the current position in North Darfur following attacks launched by the Rapid Support Forces and its affiliated groups on its capital — El Fasher — and the internally displaced persons camps of Zamzam and Abu Shouk. On the basis of our independent investigations, the position of our Office is clear. We have reasonable grounds to believe that war crimes and crimes against humanity are continuing to be committed in Darfur. That conclusion is grounded on the intensive activities that the Office has been undertaking in the past six months and in earlier reporting periods. In that work, we have relied on documentary, testimonial and digital evidence, collected and analysed by the Office. In the past six months, those activities focused in particular on crimes committed in West Darfur, and they have included repeated field deployments to refugee camps in Chad to engage with victim communities and to conduct witness interviews. Those field missions have provided crucial testimonial evidence for the Darfur Unified Team. There has been further engagement, and strengthened cooperation, with the Sudanese Government authorities, including a recent deployment to Port Sudan, generating additional leads and identifying important witnesses relevant to current atrocities being committed in Darfur. Our activities have also included securing an enhanced cooperation framework with the independent international fact-finding mission for the Sudan, under the Relationship Agreement between the United Nations and the International Criminal Court (ICC), that will serve to accelerate cooperation in support of the investigations. We have Based on those efforts and drawing on the more than 7,000 evidence items collected to date, the Office of the Prosecutor remains focused on delivering concrete landmarks, so as to respond to the legitimate and impassioned calls for justice heard from victims and survivors. I wish to emphasize to the Council, to the victims with whom we work so closely and, indeed, to all our partners, that the situation in Darfur is of the utmost importance for the Office of the Prosecutor. We will not be deterred until meaningful justice is delivered in a way that serves to vindicate the rights of those who are suffering and until it has an impact on the conduct of perpetrators on the ground. Our previous efforts towards justice for Darfuri victims have led to the case against Mr. Ali Muhammad Ali Abd-Al-Rahman, also known as Ali Kushayb. The upcoming decision in his trial, expected in the second half of 2025, will, we hope, provide an important example of what can be achieved when we work together in this common effort. I wish to be clear to those on the ground in Darfur now — to those inflicting unimaginable atrocities on its population — that they may feel a sense of impunity at this moment, as Ali Kushayb may have felt in the past, but we are working intensively to ensure that the Ali Kushayb trial represents only the first of many in relation to the situation at the International Criminal Court. However, we also have a duty of confidentiality to the Court. I am not able to share more details of the nature of our progress, or of specific outcomes hoped for. I can only assure Council members that the progress we have made is concrete, positive and significant. I am particularly deeply troubled by the extensive victimization and suffering of women and children in the conflict. Our investigations will not be complete until we are able to hear and document before the Court the lived realities of Darfuri women today. We are giving gender-based crimes a focus and attention that requires sensitivity in the gathering of evidence from victims and survivors and a clear understanding of the intersectionality of the discrimination that has led to such crimes. We have worked for years on building our own capacity to hear these stories and to recognize the intersectionality of ethnicity, religion, gender and age, which impact the effectiveness of our evidence gathering and the quality of the evidence we present to Court. We are building trust with brave Darfuri women and girls, who are able to tell us their stories. And their stories are consistent with the accounts of suffering by women and girls, in successive United Nations reports, including those heard at the Human Rights Council. There is an inescapable pattern of offending, targeting gender and ethnicity through rape and sexual violence, which must be translated into evidence for the Court — and indeed the world — to hear. These alleged crimes are being given particular priority by our Office as we proceed with focus in our investigative work. With the support of our dedicated Gender and Children Unit, we are undertaking a range of targeted activities aimed at increasing the visibility and the results delivered, in relation to crimes that continue to be underreported and insufficiently recognized. In this reporting period, that has included hosting dedicated discussions with affected communities in Chad to address concerns raised regarding the possible provision of testimony of victims, locating additional specialized expertise to the Darfur Unified Team in the field of gender-based crime, identifying new leads through partner-organizations in relation to victims or witnesses of gender-based crimes and developing outreach activities with Darfuri civil society organizations, in partnership with the Court’s Registry. But action to protect and support the women of Darfur can be delivered only through collective work. I call upon all our partners and the Council for us to work more closely together so as to ensure that there is no gap in our efforts to hold perpetrators of gender-based crimes accountable for their crimes. To galvanize our common action in the coming reporting period, I will be working to bring together all stakeholders to identify how we can deliver more for women and girls in Darfur. In this spirit of partnership, I am grateful for the productive discussion I held today with Under-Secretary-General Pramila Patten, Special Adviser to the Secretary-General on Sexual Violence in Conflict, on how we can collaborate in deeper, more impactful ways to deliver accountability for these crimes. I am also pleased to report further grounds for continued optimism with respect to cooperation from the Government of the Sudan. In this reporting period, our Office held further engagements with Sudanese Government authorities, in particular through a visit to Port Sudan facilitated by the Government of the Sudan, which allowed for the identification and engagement with potential additional witnesses. A further visit is planned for the immediate coming period. I wish to recognize the efforts made, in particular, by the Committee established by the Government of the Sudan for cooperation with the Office of the Prosecutor. This has made a tangible, positive impact on our collaboration. We look forward to further consolidating and expanding that cooperation over the next six months, in line with the terms of resolution 1593 (2005). And I wish to be clear on a key priority in that respect — we must work together, with seriousness and focus, to secure the arrest of those individuals subject to ICC arrest warrants presently in the Sudan: Omer Hassan Ahmad Al-Bashir, Ahmad Harun and Abdel Raheem Muhammad Hussein. Transferring Mr. Harun now would carry exceptional weight, given that the crimes that he is accused of are closely linked to those currently before the Court in Mr. Abd-Al-Rahman’s trial. In the context of the extensive allegations of Rome Statute violations in Darfur, such action would send a strong signal and show the commitment of the Government of the Sudan to ensuring accountability. We look forward to continued constructive discussions on all cooperation matters with the Government of the Sudan. As I have outlined, in the past six months there has been continued and significant progress in our work in Darfur. The progress that we make and the work that we do can never be sufficient, relative to the degree and scale of the suffering that we know is occurring in Darfur now. And many of the actions that we do take are not visible to our partners. However, I wish to reassure Darfuri communities in the Sudan and globally that, with their partnership, we are accelerating our work to deliver justice at the ICC, in the courtroom, for the crimes presently being committed. And that progress has been made in the face of significant challenges. Cooperation received from States has faced hurdles, the resources of the Office are critically low, relative to the scale of allegations we are tasked to investigate, and we have experienced hostility and obstruction in our work and our mandate. We need the Council’s support now more than ever before. I would therefore like to conclude by asking again  — what is our common ground? Every single State here is appalled by what is happening in Darfur. All Council members are seeking to find ways to slow the current tailspin and change this dynamic of increased and escalating suffering for the Darfuri people. Let us take this as a blueprint for next steps. With the Council’s support, we can not only deliver much-needed justice for what is taking place, but also — critically — prevent the seemingly never-ending cycle of violence fuelled by a deep sense of impunity among those inflicting pain, as we speak. If we can come together, if we can agree that such suffering needs the support of all those who are able to provide it, I believe that the present crisis can ultimately demonstrate how justice, delivered collectively, can set the foundations for the reduction of suffering and the beginning of work towards peace. I ask for such a collective response and resolve.

I thank Ms. Khan for her briefing. I shall now give the floor to those Council members who wish to make statements.

Let me begin by thanking Deputy Prosecutor Khan for her briefing. I would also like to welcome the Permanent Representative of the Sudan to the Council today. When the Council referred the situation in Darfur to the International Criminal Court (ICC), we did so to bring an end to impunity. At that time, 20 years ago, Denmark also had a seat in the Council. Our goal was to bring perpetrators of the most heinous crimes to justice and to save future generations from ever suffering those horrific acts again. Tragically, as we have heard repeatedly in the Chamber, the people of the Sudan are still trapped in a seemingly endless cycle of violence and desperation. The people and their country have been ravaged by conflict, which has escalated into a brutal war of attrition, with catastrophic humanitarian consequences and constant reports of massacres, torture and sexual-based violence going unpunished. We are also gravely concerned about reports of attacks on critical civilian infrastructure and humanitarian workers, as well as the hindrance of humanitarian access. We reiterate the Council’s responsibility to act decisively to end the atrocities. Against that dire backdrop, the ICC’s work on Darfur could not be more relevant. It is deeply alarming that the situation has significantly worsened during the reporting period. Allow me to make three points. First, Denmark welcomes the work carried out by the ICC and the Office’s expansion of its field-based activities. The Office of the Prosecutor has confirmed that there are reasonable grounds to state that war crimes and crimes against humanity have been, and continue to be, committed in Darfur. That is an important first step in the pursuit of accountability and towards justice for the hundreds of thousands of Sudanese victims. We also welcome the cooperation framework established with the independent international fact-finding mission for the Sudan to assist in the ongoing investigations. We hope that those efforts will soon lead to tangible results, including the issuance of new applications for arrest warrants regarding the atrocities committed since April 2023. Secondly, we commend the Office’s continued and increased engagement with civil society, the Darfuri diaspora, victim-community leaders and grass-roots organizations, including the Prosecutor’s visits to five different refugee camps. We believe that such engagement is crucial for uncovering the facts, collecting evidence and ensuring that witnesses and survivors come forward. That applies to the victims My third point is that collaboration is essential to securing justice for the victims and survivors. We welcome the visit of the Office of the Prosecutor to Port Sudan in April. We reiterate our call on the responsible Sudanese entities to fully comply with the obligations under resolution 1593 (2005) and to further strengthen their cooperation with the ICC. That includes intensifying efforts to locate, arrest and surrender Mr. Al-Bashir, Mr. Hussein and Mr. Harun and ensuring safe access to Darfur. That is crucial to holding perpetrators of atrocity crimes in the Sudan accountable and seeking justice for the victims. We also note the challenges in responsiveness from third States to the Office’s requests and recall that the Council has urged all States to cooperate with the ICC on its work regarding Darfur. In conclusion, let me once again reaffirm Denmark’s unwavering support for the International Criminal Court and its important role in Darfur. Its independence and impartiality as a judicial institution must be protected. We believe that all situations deserve equal attention from the ICC and fully support the Court in carrying out its mandate to ensure justice for all victims of the most serious crimes under international law. Our commitment to defending the principles and values enshrined in the Rome Statute remains resolute. We remain deeply concerned about the alarming situation in the Sudan and the urgent risk of further atrocities. We are committed to the Council working to break the cycle of impunity and build lasting peace in the Sudan. Ensuring accountability is critical for the people of the Sudan.

Sierra Leone welcomes the participation of the representative of the Sudan in today’s meeting. We warmly welcome the Deputy Prosecutor of the International Criminal Court (ICC), Ms. Nazhat Shameem Khan, and thank her for her compelling, comprehensive and very timely briefing to the Security Council today. We also extend our appreciation to the Office of the Prosecutor for the submission of its forty-first report to the Council, in accordance with resolution 1593 (2005). Sierra Leone reiterates its unwavering support for the International Criminal Court’s mandate and underscores the critical importance of impartial, independent and timely investigations and judicial processes, particularly for crimes that continue to shock the conscience of humankind. We acknowledge the continued efforts of the Office of the Prosecutor in advancing accountability for the most serious crimes committed in Darfur despite persistent and evolving challenges. As we have stated in all previous statements on this matter, the Court is an essential pillar of the international justice system, working in close collaboration with the Council not only to uphold accountability and the rule of law but to maintain international peace and security. Today we reaffirm our steadfast commitment to those principles and stress that justice for the victims of atrocity crimes, wherever they occur, must remain a priority for the international community and particularly the Council. Sierra Leone remains deeply concerned about the recent imposition of unilateral sanctions against four sitting judges of the Court, including two from Africa, all of whom are female: Judge Reine Alapini-Gansou of Benin, Judge Solomy Balungi Bossa of Uganda, Judge Luz del Carmen Ibáñez Carranza of Peru and Judge Beti Hohler of Slovenia. We underscore the importance of respecting the prosecutorial and judicial independence of the Court — an institution to which the Council has referred two situations. We also take note, with interest, of the announcement regarding the issuance of arrest warrants for two senior Taliban officials in connection with the ICC’s investigation in Afghanistan. The warrants were issued on 8 July following Turning to the forty-first report of the Office of the Prosecutor, we wish to make the following five points. First, Sierra Leone is gravely alarmed by the deteriorating situation in Darfur. The report confirms  — as also explained during the briefing  — that, based on extensive testimonial, digital and documentary evidence, there are reasonable grounds to believe that war crimes and crimes against humanity have been and continue to be committed in Darfur. We therefore welcome the continued focus of the Office of the Prosecutor on delivering concrete results grounded in evidence and supported by broad partnerships. Secondly, we recognize the significant field-based activities of the Office of the Prosecutor during the reporting period, including deployments to eastern Chad and other neighbouring countries. Those efforts have enabled direct engagement with survivors, displaced persons, refugees and affected communities. We also note the deployment to Port Sudan, which facilitated engagement with the Sudanese authorities and the identification of additional witnesses. Those efforts are crucial to ensuring that the investigations reflect the lived experiences of those most affected by the conflict. Thirdly, we welcome the cooperation extended by the Sudanese authorities and third States during the reporting period, particularly in facilitating the Court’s investigations and enabling access. We continue to call on the Government of the Sudan and all relevant States to strengthen their cooperation, especially with respect to the arrest and surrender of individuals subject to ICC warrants, as that is essential to ending impunity and fostering sustainable peace. The principle of complementarity remains central. We welcome the ICC’s cooperation with national authorities and its strengthening of collaboration with the independent international fact-finding mission for the Sudan. Those efforts are essential to a comprehensive approach to justice and to addressing the root causes of the conflict. We urge all States and relevant entities to respond promptly to ICC requests for assistance, as timely cooperation is critical to fulfilling the Court’s mandate. Fourthly, Sierra Leone commends the Office of the Prosecutor’s ongoing collaboration with civil society organizations, whose contribution to documentation and capacity-building are vital for preserving evidence in supporting the Court’s work. Fifthly and lastly, the challenges faced by the Office of the Prosecutor remain considerable. Limited responsiveness from States, serious security and logistical constraints and the real risks faced by witnesses and victims highlight the urgent need for greater international support. The insufficiency of resources relative to the scale of alleged crimes, as described in the briefing, further compounds these difficulties. Sierra Leone calls on all States and relevant actors to support the Office of the Prosecutor in overcoming those obstacles outlined in the report. Sierra Leone remains deeply conscious of the dire humanitarian situation in Darfur, as highlighted in the report, including ongoing violence, famine, mass displacement and gender-based violence. Those realities are stark reminders of the human costs of impunity. However, as we were informed in the briefing, the landmark trial of Mr. Ali Muhammad Ali Abd-Al-Rahman, also known as Ali Kushayb, represents a milestone in the pursuit of justice and a symbol of hope for those affected by ongoing crimes. We commend the courage of the victims and witnesses who have come forward, and we reiterate our support for the Court’s effort In that regard, continued engagement with civil society organizations and grass- roots actors remains indispensable for documenting crimes, preserving evidence and providing support for those most affected by the conflict. Sierra Leone stresses the importance of sustaining those partnerships to ensure that the voices of victims are heard and that justice is delivered in a meaningful and sustainable manner. We encourage the Office of the Prosecutor to continue and deepen those efforts, as they are vital to the legitimacy and effectiveness of the justice process. Accountability is not only a moral imperative, but a prerequisite for sustainable peace in Darfur and the Sudan as a whole. Addressing systemic impunity through accountability and reconciliation must be at the heart of any enduring political solution. Only by confronting the root causes of conflict, including entrenched impunity, can we hope to end the cycles of violence and secure a just and lasting peace for all Sudanese people. In conclusion, Sierra Leone reaffirms its strong support for the ICC and its mandate to deliver justice for the people of Darfur. We urge all Council members to fulfil their obligations — not only under resolution 1593 (2005) but also under the Charter of the United Nations — and to fully cooperate with the Court in ensuring accountability for atrocity crimes. Together, let us work to protect the most vulnerable and to uphold the principles of justice and human dignity.

I thank Deputy Prosecutor Khan for presenting the forty-first report submitted pursuant to resolution 1593 (2005). France is concerned about the continuation of clashes in the Sudan. The conflict that has been raging there since April 2023 sparked a dire humanitarian crisis and massive violations of human rights and international humanitarian law, which we condemn. An immediate ceasefire is vital to bringing the plight of communities to an end. Given the volume of allegations of crimes committed in Darfur and elsewhere in the country, there is an urgent need for the parties to take concrete measures to bolster the protection of the civilian population, including by implementing the commitments set out in the Jeddah Declaration of Commitment to Protect the Civilians of Sudan. We commend the progress made by the Office of the Prosecutor in its investigations into the widespread allegations of ongoing international crimes in Darfur. The gathering of testimony and evidence must enable those crimes to be characterized and the perpetrators to be identified in conformity with the provisions of the Rome Statute. Those accomplishments represent a glimmer of hope for the Sudanese population. The deployment of teams from the Office of the Prosecutor, on one hand to eastern Chad to make contact with survivors who fled the conflict and, on the other, to Port Sudan to enter into dialogue with the authorities headed by the Sudanese Armed Forces, attest to the Office’s unstinting dedication and efforts. In that connection, it is crucial to ensure that witnesses are shielded from the risk of retaliation by armed groups. The events in the Sudan are having the most alarming repercussions on the conduct of the Court’s investigations. We call on the Sudanese authorities to cooperate scrupulously, continuously and effectively with the Office of the Prosecutor so that the teams have access on the ground and that suspects who are the subject of International Criminal Court (ICC) arrest warrants, in particular Omer Al-Bashir, Abdel Raheem Muhammad Hussein and Ahmad Harun, are arrested. France welcomes the holding of the trial in the case against Ali Abd-Al-Rahman, or Ali Kushayb, in December 2024. The forthcoming handing down of the judgment will mark a watershed in the fight against impunity for the crimes committed in

I listened attentively to Deputy Prosecutor Nazhat Shameem Khan’s briefing, and I welcome the presence of the Permanent Representative of the Sudan at this meeting. Twenty years ago, the Council adopted resolution 1593 (2005), whereby the situation in the Darfur region of the Sudan was referred to the International Criminal Court (ICC). China has since been closely following the ICC’s investigations into the situation in Darfur, the Sudan, and has taken note of the Prosecutor’s forty-first report on the subject. In the light of the report’s content and the current situation in the Sudan, I wish to highlight three points. First, it is incumbent upon the ICC to exercise its powers in accordance with the law. China supports the maintenance of international peace and security through punishing the most serious crimes under international law. In the course of its work, the Court should abide strictly by the principle of complementary jurisdiction enshrined in the Rome Statute, remain independent, objective and impartial, and adhere to the letter and spirit of the relevant resolutions of the Council, without engaging in undue interpretations thereof. In proceedings on any international or regional hotspot issues, it is imperative that the Court apply the law evenly and likewise eschew double standards and exceptionalism. That is how international fairness and justice can be preserved in concrete terms. Secondly, the ICC should work more closely with national governments. We welcome the reference in the Prosecutor’s report to the ongoing cooperation between the Sudanese Government and the Office of the Prosecutor, including the Government’s assistance with the visit of the Office of the Prosecutor’s team to Port Sudan and the gathering of evidence. Recently, the Sudanese Government submitted the interim report on the work of the National Committee for Investigating Crimes and Violations of National Law and International Humanitarian Law to the Council. In handling cases, the ICC should fully respect the Sudan’s judicial sovereignty and reasonable opinions, maintain close communication and cooperation with the Sudanese Government and refrain from undue interference. Thirdly, the international community should help the Sudan to restore peace and stability without delay. The conflict in the Sudan has entered its third year, with alarming devastation and a deteriorating humanitarian situation. Faster actions and greater mediation efforts at the international level are called for to bring about an immediate ceasefire, alleviate the humanitarian plight, search for a political solution through dialogue and negotiation and, together, safeguard the Sudan’s sovereignty, unity and territorial integrity. Meanwhile, the Sudan should also be supported in strengthening its judicial system and capacity-building, so that it is better equipped to be self-reliant in the fight against impunity. China remains committed to contributing constructively to solve the issue of the Sudan alongside the international community. Today’s briefing is held as the situation in the Sudan worsens daily, with no end in sight. Guyana is gravely concerned about the continued air strikes and bombardment against cities and internally displaced persons camps, the deteriorating humanitarian crisis, which has been described as the worst ever recorded and the high levels of rape and sexual violence. Twenty-five million people are reported to be facing acute food insecurity, and extreme famine looms for hundreds of thousands of civilians. Guyana reiterates its call for an immediate cessation of hostilities and urges the parties to engage, in good faith, in political dialogue and diplomatic efforts towards a durable ceasefire and to ensure that humanitarian aid reaches those in need, in accordance with international humanitarian law. It is more urgent than ever for the Office of the Prosecutor to make concrete progress on investigations and prosecutions in the Sudan, both from the perspective of securing accountability for past crimes and as a deterrent against future atrocities. We note the Office’s confirmation that it has reasonable grounds to believe that war crimes and crimes against humanity continue to be committed in Darfur and look forward to progress on the applications for arrest warrants regarding crimes committed in 2023. Swift investigation and prosecution can contribute to stemming the wave of terror in the Sudan. We welcome the intensified efforts of the Office to deliver concrete landmarks based on evidence collected and partnerships with a wide range of actors. It is noted that the Office has collected evidence concerning alleged crimes of killing, pillaging, attacks against internally displaced persons camps, indiscriminate targeting of civilian populations, gender-based crimes and crimes against children. We welcome the priority given to investigating gender-based crimes and the addition of a dedicated expert on gender-based crimes to the team. It is acknowledged that the Office’s efforts are being made as it continues to face significant challenges, including limited responsiveness from States on requests for assistance in evidence collection and in supporting travel of personnel of the Office of the Prosecutor, security and logistical challenges and concerns expressed by witnesses and victims in Chad and Darfur about potential retaliation for engagement with the Office of the Prosecutor. The insufficiency of resources for the Office to carry out key functions relative to the seriousness and scale of atrocities being committed is also of concern. We underscore the crucial importance of enhanced cooperation between the Sudanese authorities and the Office of the Prosecutor for progress to be made in the investigative activities of the Office and call on the Government of the Sudan to continue to cooperate with the Court in accordance with obligations under resolution 1593 (2005). We acknowledge the recent improvements in cooperation. We also emphasize the need for continued cooperation and assistance between the Office of the Prosecutor and national authorities of third States. The intensified engagement with civil society, organizations, victims, survivors and affected communities is welcome, as are the efforts of the Office to support capacity-building activities for civil society organizations documenting international crimes in Darfur. The independent and impartial functioning of the International Criminal Court remains pivotal to deterring atrocity crimes and ensuring accountability for the In conclusion, Guyana reiterates its unwavering support for the International Criminal Court and the Office of the Prosecutor and for efforts to ensure justice for the people of the Sudan.

We listened carefully to the briefing of Deputy Prosecutor Khan, and we took note of the forty-first report of the International Criminal Court pursuant to resolution 1593 (2005). I welcome the participation of the Permanent Representative of the Sudan in today’s meeting. Justice and accountability remain central to fostering peace and stability in the Sudan. Transitional justice is vital for achieving national reconciliation and lasting peace. The devastating conflict continues to claim numerous lives, creating an increasingly dire humanitarian crisis that demands our collective attention and action. In that context, I would like to make the following points. First, we must explore all avenues for revitalizing national justice institutions to support the Sudan’s ownership of that critical process. It is imperative that we create an environment that strengthens the Sudan’s capacity to administer justice, paving the way for stability and lasting peace. Secondly, existing legal frameworks should be reinforced and, where appropriate, adapted to respond to evolving circumstances. Approaches to justice in the Sudan are most effective when rooted in Sudanese efforts and aspirations. Thirdly, Sudanese leadership in addressing justice must take precedence, supported by regional and African mechanisms. We note the establishment of a national coordination committee, headed by a Supreme Court judge, and the Government of the Sudan’s efforts to investigate human rights violations. Cooperation between Sudanese authorities and the International Criminal Court, as outlined in resolution 1593 (2005), is encouraged and can foster accountability, while respecting complementarity and national sovereignty. A comprehensive approach that integrates judicial accountability, humanitarian support and diplomatic engagement remains essential. A genuine commitment to protecting the rights and the dignity of all Sudanese people must remain our highest priority. In conclusion, Somalia stands firmly with the people of the Sudan and the victims of atrocities. The situation in the Sudan requires our unwavering attention and support for Sudanese-led initiatives towards justice and peace. The international community must remain committed to supporting the Sudanese people in their pursuit of justice, stability and reconciliation, while respecting Sudan’s sovereignty, territorial integrity and political independence.

I would like to thank Deputy Prosecutor Nazhat Khan for her briefing and report to the Council today on the ongoing investigations and prosecutions of the International Criminal Court (ICC) related to the situation in Darfur and to welcome our Sudanese colleague and representative. The United States remains focused on resolving the crisis in the Sudan. By many measures, the conflict in the Sudan is the worst humanitarian crisis in the world The United States calls for accountability for the Rapid Support Forces for the genocide in the Sudan, where they have murdered men and boys and even infants, on an ethnic basis, targeted fleeing civilians and committed acts of brutal sexual violence against women and girls of other ethnic groups. The United States will continue to be a strong supporter of justice for atrocities and crimes. The failure to achieve accountability decades ago is one of the reasons that conflict in the Sudan continues to burn. Several of the current conflict’s leading actors and their affiliated groups were also directly engaged in criminality in Darfur in 2003 and 2004. The very same victims, especially non-Arab groups, are again being victimized. In that context, it is regrettable that the heavily politicized ICC has devoted its resources and attention to Israel, despite the atrocities in the Sudan. The United States forcefully condemns ICC Prosecutor Karim Khan for seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Israeli Minister of Defence Yoav Gallant in connection with the ongoing war against the Palestinian terrorist group Hamas in Gaza, and we condemn the ICC for issuing those warrants. Even setting aside the fact that ICC Prosecutor Khan’s actions draw an unacceptable moral equivalence between Israel’s democratically elected leaders and the heads of the terrorist group Hamas, Israel has neither ratified nor acceded to the Rome Statute, which established the Court, and has never granted the ICC jurisdiction. Further, the ICC allowed Palestine to accede to the Rome Statute in 2015, despite the fact that it does not qualify as a sovereign State, in violation of the Court’s own Rome Statute. The United States unequivocally opposes, and expects our allies to oppose, any ICC action against the United States, Israel or any other United States ally that has not consented to ICC jurisdiction. The ICC’s actions set a dangerous precedent, threaten to infringe on the principle of State sovereignty and undermine our critical national security and foreign policy work. United States sanctions address the fact that rather than pursuing justice, the ICC has engaged in a grave abuse of the authority that States parties granted it. These rogue actions of the ICC erode the rule of law, tarnish the credibility of the ICC and other institutions of international justice and undermine national sovereignty. The United States will use all appropriate tools to protect our sovereignty, that of Israel and any other United States ally from illegitimate actions by the ICC.

I thank the Office of the Prosecutor for its report on the situation in Darfur and thank Deputy Prosecutor Khan for her briefing to the Council today. I welcome the representative of the Sudan to today’s Council meeting. Let me begin by stressing the United Kingdom’s condemnation of the recent cyberattack against the International Criminal Court (ICC). The United Kingdom has committed funds to strengthen the Court’s cybersecurity framework, and we are pleased that this incident was swiftly contained. I will make three points today. First, we welcome the Office of the Prosecutor’s continued focus on Darfur. In that regard, we are gravely concerned about the Office’s findings that there are reasonable grounds to believe that war crimes and crimes against humanity may have been committed — and indeed, are continuing to be committed — in Darfur. We also Secondly, we note the continued cooperation of the Sudanese authorities, including the facilitation of the recent visit to Port Sudan. Given the significant challenges faced by the Office in implementing its mandate we encourage the Sudanese authorities to redouble their efforts to cooperate with the Office, particularly in relation to the arrest and transfer of individuals subject to ICC arrest warrants, including Mr. Ahmad Harun. Thirdly, we welcome the enhanced cooperation between the Prosecutor’s Office and other actors, including civil society organizations and the United Nations independent international fact-finding mission for the Sudan. We commend the Office of the Prosecutor and the fact-finding mission’s ongoing documentation efforts and their commitment to delivering concrete progress. The Sudanese people deserve justice. We therefore call for the Sudanese Armed Forces and the Rapid Support Forces to immediately cease hostilities and prioritize the protection of civilians, in line with resolution 2736 (2024). Accountability must go hand in hand with finding a political solution to this horrific war and ending the cycle of impunity that has scarred the Sudan for decades. Let me conclude by reiterating that the United Kingdom supports the independence of the ICC and does not support the sanctioning of individual Court officials.

I would like to thank Ms. Nazhat Shameem Khan, Deputy Prosecutor of the International Criminal Court (ICC) for the presentation of the Court’s forty-first report on the situation in Darfur. I also welcome the participation of the Permanent Representative of the Sudan in today’s meeting. The Sudan is currently facing one of the most dire humanitarian crises ever recorded. The situation in Darfur is rightly considered, in the report, as a crisis of humanity. Thirty million people are reportedly facing acute food insecurity while no ceasefire or peace agreement seems within reach. Greece underscores the finding of the report: that there are reasonable grounds to believe that war crimes and crimes against humanity have been committed — and are still being committed in Darfur. Furthermore, the report underlines that, according to the evidence gathered, the crimes committed include killing, pillaging, attacks against internally displaced persons, the indiscriminate targeting of civilians, as well as gender crimes and crimes against children. In view of the above, allow me to highlight the following four points. First, progress is needed regarding the arrest and surrender of suspects in the cases of Mr. Al-Bashir, Mr. Hussein and Mr. Harun. We underline the findings of the report that, in the reporting period, the cooperation provided by the Government of the Sudan continued but was limited. The report underscores, however, that urgent progress is needed and that the cooperation of the Government is essential when moving to arrests of suspects subject to ICC arrest warrants. That is an international obligation under resolution 1593 (2005). Secondly, we welcome the commitment of the Office of the Prosecutor, as highlighted in the report, to ensure that the expectations of victims regarding past crimes will not be overlooked. We equally welcome the work of the Office of the Prosecutor regarding alleged gender-based crimes committed in West Darfur after the resumption of hostilities in April 2023. Fourthly and finally, we stress the importance of the engagement of the Office of the Prosecutor with civil society organizations, in particular the community of victims. We welcome such a commitment with regard to information-sharing and leads concerning ongoing investigations, but also with regard to capacity-building initiatives in support of documentation efforts. In conclusion, Greece wishes to express its support for the work of the Office of the Prosecutor in the challenging security environment of the Sudan, as well as its concern regarding threats and measures against the International Criminal Court. We stand with the Court and will continue to fully support it so that it can continue to operate independently and effectively.

I would like to thank Deputy Prosecutor Nazhat Shameem Khan for her briefing and welcome the Permanent Representative of the Sudan to today’s meeting. This year marks 20 years since the Security Council referred the situation in Darfur to the International Criminal Court (ICC), yet conflict and violence against civilians not only persist, but have intensified in both scale and brutality, making the Sudan one of the gravest humanitarian crises in recent history. This recurring violence highlights the devastating consequences of impunity. This situation further underscores the need to reinforce our support for the ICC’s pursuit of urgently needed justice and accountability. In that context, I would like to highlight three points. First, we welcome the proactive efforts by the Office of the Prosecutor to pursue justice in Darfur, despite the extremely challenging situation. In particular, we note that the Office conducted field deployments to eastern Chad, Port Sudan and other neighbouring countries, which made possible the collection of key evidence providing reasonable grounds to believe that Rome Statute crimes were committed. We also welcome progress on advancing information-sharing with the independent international fact-finding mission for the Sudan, in line with the plan outlined during the Court’s most recent briefing. We believe that continued investigative efforts, even in the face of security constraints, are essential to narrow the space in which perpetrators are able to operate. We encourage the Office of the Prosecutor to sustain its tireless efforts to help to restore justice in Darfur. Secondly, we welcome the Office’s expanded engagement with civil society and affected communities during the reporting period. In particular, the Office’s direct engagement with survivors, displaced persons and refugees in camps across eastern Chad and neighbouring countries has demonstrated the ICC’s commitment to prioritizing a victim-centred approach. We also take note of the Office’s efforts to share progress on investigations and proceedings with affected communities, which sends the powerful message that the international community will stand with the victims of Darfur and actively pursue justice. At the same time, we remain concerned that the fear of reprisals continues to hinder witness cooperation. We recall that protecting witnesses is an integral part of cooperation with the ICC’s investigation, and we call on all Sudanese warring parties to fully cooperate with all necessary protection measures in that regard. In conclusion, the Republic of Korea reaffirms its steadfast support for the ICC. As a strong supporter of the Rome Statute and Chair of the Sanctions Committee established pursuant to resolution 1591 (2005), concerning the Sudan, we remain committed to promoting accountability, justice and sustainable peace in the Sudan.

At the outset, we would like to thank Ms. Nazhat Shameem Khan, Deputy Prosecutor of the International Criminal Court (ICC), for her briefing, and we welcome the participation of the Permanent Representative of the Republic of the Sudan in this meeting. More than 20 years after the Darfur file was referred to the ICC, we have yet to achieve tangible results, despite the progress made in some cases related to the file, as indicated in the forty-first periodic report of the Prosecutor. Given the current developments in the Darfur region, especially since the current conflict began more than two years ago, justice and accountability remain the most important foundations on which to build a comprehensive solution to the conflict. In that regard, my delegation would like to stress the following. First, it is essential for the Court’s work to take into account the existence of a transitional justice and accountability process as part of efforts to consolidate peace in Darfur. To achieve that objective, all available means must be devoted to revitalizing and strengthening national judicial mechanisms, with a view to establishing exclusive Sudanese ownership and leadership of the process. That can be done by prioritizing national processes while respecting the principle of complementarity with the ICC. That objective can also be achieved by laying the foundations for partnership and cooperation with international and regional actors. In that context, we welcome the spirit of cooperation that the Sudanese Government has shown the Office of the Prosecutor and other relevant entities. We also appreciate the Sudanese Government’s efforts to implement the national plan for the protection of civilians, which includes the principle of the rule of law and human rights as one of its main pillars. Secondly, it is also important to build on existing frameworks at the national and regional levels in order to achieve the desired objectives, especially those related to accountability, under Sudanese leadership and ownership. In that regard, the Juba Agreement for Peace in the Sudan and the African Union structures represent two key entry points for work on finding the appropriate mechanisms to elaborate appropriate solutions. That endeavour can be achieved, on the one hand, with sufficient support from the international community and, on the other hand, through the continued adherence of all Sudanese actors to the relevant frameworks. Thirdly, recent developments in the Sudan, especially the Darfur region, since the outbreak of the current conflict in April 2023 cannot be overlooked in the context of efforts to ensure that the perpetrators of grave crimes and abuses committed against civilians in clear violation of international law, including international humanitarian law, are held accountable. Such instances include, but are not limited Crimes committed against humanitarian workers and civilian facilities, especially hospitals, are grave breaches that amount to war crimes, and the perpetrators of those crimes must be held accountable. In the same context, external support for the perpetrators of various abuses and crimes against civilians in Darfur is a direct factor in prolonging the current state of affairs. Therefore, we once again call for the cessation of all forms of foreign interference in the Sudan and for the public and firm condemnation thereof, as such interference directly contributes to those violations. We would like to emphasize that all efforts to establish peace in the Sudan, including those efforts related to the development of transitional justice and accountability frameworks, must be conducted with full respect for the sovereignty and territorial integrity of the Sudan. In conclusion, we renew our call for the language of dialogue to prevail over the sound of guns and the use of force, in order to find a lasting solution to the conflict between Sudanese brothers and to protect civilians. In that context, we express our full support for the efforts of the African Union and the United Nations.

I wish to thank the Deputy Prosecutor, Ms. Khan, for the report and for her oral briefing today. Of course, I also welcome the Permanent Representative of the Sudan to the Chamber. The report’s opening line, “Sudan is now facing one of the largest, most dire humanitarian crises ever recorded”, is striking, but it is not a surprise to those in the Chamber. Yet, this is far from being the first crisis. The situation in Darfur was the first one in respect of which the Security Council exercised its power to refer to the International Criminal Court (ICC) a situation involving a non-State party. It will most likely also be the first situation of its kind on which the Court will deliver its judgment. That is — or should be — historic. There is truly no lasting peace without justice, and the Sudan’s current horrors prove it. Indiscriminate killings and the ethnically based targeting of civilians, especially in internally displaced persons camps, reports of mass sexual and gender-based violence and crimes against children are once again a horrendous everyday reality for millions in Darfur and beyond, in other areas of the Sudan. Two weeks ago, the Council heard a briefing on the harrowing plight of civilians (see S/PV.9947). This is indeed a crisis of humanity. We call again on all parties to immediately and unconditionally cease all hostilities, and we remind them of their obligation to respect international humanitarian law in all circumstances and at all times. All those responsible for the violations must be held accountable. During the 20 years that the situation in Darfur has been before the ICC, progress has been made despite the many challenges that the Office of the Prosecutor has encountered. We commend the continued focus of the Office on maintaining the Darfur investigation as one of its key priorities and continuing to collect evidence in relation to crimes that occurred in West Darfur since April 2023. We also encourage the Prosecutor to continue monitoring and to significantly strengthen the investigation into the situation in North Darfur, especially in and around Zamzam camp. We note that the judgment in the Ali Kushayb trial is expected within the next reporting period. We consider the judgment extremely important, first, for the victims and survivors, sending them the message that they are not forgotten. Secondly, it sends the message to all those responsible for the crimes that there is no The Security Council referral was made through resolution 1593 (2005), which was adopted under Chapter VII of the Charter of the United Nations. We remind all States — States parties and not parties to the Rome Statute alike — that they are legally required to implement and ensure implementation of this resolution. We therefore call on all States to cooperate with the ICC without unnecessary delay. We call on the Sudanese authorities to continue and strengthen their cooperation with the Office of the Prosecutor. Issued arrest warrants must be executed without delay. Ensuring that the voices of survivors and victims are heard with the solemnity that they deserve is a fundamental obligation of justice. We commend the Office of the Prosecutor for maintaining its engagement with civil society and victims’ representatives. We commend and welcome all efforts to ensure that victims are heard and, in particular, that victims are protected and that their fear of retribution is addressed. Slovenia has always been and will remain a strong supporter of the fight against impunity and of the ICC. That is a reflection of our principled position on the need to respect international law and the rule of law and of our understanding that to achieve true peace, justice is a prerequisite. That is a lesson learned by many States throughout history. We also believe that this is our responsibility. The current political situation of the ICC is very challenging. Yet, nothing rivals the suffering of the millions who live amid war and fear, subjected to ongoing violations of international humanitarian law daily. They deserve justice for both the atrocities committed 20 years ago and those unfolding today. States parties created the ICC precisely for such difficult times. We commend the ICC for its strong determination to fulfil its mandate and deliver justice. We reject all threats, pressures and sanctions against the ICC and its elected officials. The mandate of the ICC is to deliver justice. And justice is, as it has always been, an absolute precondition for lasting peace.

I thank the Deputy Prosecutor of the International Criminal Cour, Ms. Nazhat Shameem Khan, for her presentation on the progress of cases under investigation in the context of the Sudan. We welcome the participation of the representative of the Sudan, who is here with us. As a party to the Rome Statute, Panama recognizes and supports the work of the International Criminal Court in seeking justice for the victims of the grave crimes committed in Darfur 23 years ago. The forty-first report of the Prosecutor of the Court to the Security Council, submitted pursuant to resolution 1593 (2005), stresses that the situation in Darfur remains extremely serious. The people of Darfur continue to suffer from widespread and systematic violence, with an increasing number of attacks on the civilian population that constitute clear violations of international humanitarian law, especially common article 3 of the Geneva Conventions. We appreciate the sustained focus on the collection of substantive evidence reflected in the report, in particular that based on testimonial, digital and documentary evidence. That work has enabled the Office of the Prosecutor to conclude that there are reasonable grounds to find that war crimes and crimes against humanity have been and continue to be committed in Darfur. The documented facts show that crimes continue to be committed on a large scale, particularly in the context of the Panama takes note of the field visits by the Office of the Prosecutor during the reporting period, including to Port Sudan and neighbouring countries such as Chad. Those visits have allowed for interactions with national authorities, civil society, victims and survivors. Amid the delicate situation on the ground, it is only right to recognize the work done by the International Criminal Court and assess the progress made towards appropriate accountability. The Court’s determination to investigate international criminal responsibility for those crimes is not only a necessary response to the atrocities but also a key factor in ensuring long-term peace and stability in the region. We also recognize the challenges faced by the Office of the Prosecutor in the implementation of its mandate in Darfur, such as access difficulties, the risk of reprisals against witnesses and victims and limited cooperation and resources in the face of the magnitude of the crimes investigated. Panama reaffirms its commitment to the principle of individual criminal responsibility — a key legal precept for eliminating impunity. Panama also supports the Court’s continued efforts to ensure that those who have committed crimes in Darfur are brought to justice and urges States parties to the Statute to comply with their obligation to provide legal assistance to the Court. We stand in solidarity with the people of Darfur, who have suffered those atrocities first-hand, and with all those who continue to work for better days for the Sudan.

I would like to welcome the Permanent Representative of the Sudan to today’s meeting. We have read the latest empty report by the so-called Prosecutor of the so-called International Criminal Court (ICC) on the faux investigation into the situation in Darfur. We see no value in the Security Council regularly listening to reports of this sort of quality. This time could be spent on genuinely important matters. In response to the latest attempts by ICC officials to tout their alleged successes, we would like to recall that it has been almost 20 years since the Security Council referred the situation in Darfur to the ICC. The real results of the ICC’s work over that period speak for themselves — a single judicial proceeding vis-à-vis a single defendant. That is all we need to know about the effectiveness of the ICC. Back in 2005, the international community still pinned some hope on this body. However, the real activities of this structure in Darfur and other situations not only failed to live up to those hopes but also discredited the very idea of international criminal justice. The reasons for the failure lie on the surface. After its launch, the ICC began to swiftly morph into a political tool for the collective West, which has nothing to do with real justice. In the Darfur context, over the course of many years, the ICC tried and failed to compel the countries of the region to arrest the incumbent head of a sovereign State. In fact, this structure insisted on egregiously violating international law, including its customary legal norms on the immunity of senior officials. However, nobody agreed to carry out those illegitimate demands. Simultaneously, scandals were multiplying around the ICC and all aspects of its work. The British Prosecutor of this pseudo-court, despite being investigated for serious accusations of sexual harassment, until recently showed up to brief the Security Council. We are pleased that this is no longer the case. However, we will not be surprised if the investigation against Mr. Khan is eventually swept under the rug. The activity of the ICC and its puppeteers is a political show, and those involved openly and without any scruples share revelations about the ICC and its so-called Prosecutor being managed literally in manual mode. For example, on 9 June, the Middle East Eye, a United Kingdom-based news outlet, published a report on how former British Prime Minister and Foreign Secretary David Cameron attempted to prevent the filing of a request to issue arrest warrants for Israeli officials several weeks prior to the filing of the petition with the Pre-Trial Chamber. According to the British media, a senior official then threatened to cut off funding for the Court if it continued prosecuting Israeli officials. We would like to recall the disagreement among European countries, some of which hastily assured that they would not execute arrest warrants against Israeli leadership. In this case, they emphasized that they would be guided by the norms of international customary law on the immunity of State officials and by the fact that Israel is not a party to the Rome Statute. It is indeed telling that, in other situations, those same countries refuse to be guided by those same considerations. It is clear that under those circumstances, there can be no question of combating impunity. The attack by Western countries on customary immunity with the use of the ICC is in fact geared towards undermining the very principle that such immunity is meant to guarantee, namely, the sovereign equality of States. In their world view, it is possible to uphold the immunities of allies and deny those of adversaries. Naturally, such approaches have nothing to do with international law. Mired in scandal, politicization and double standards, the ICC can do nothing but harm when it comes to Darfur. Twenty years have clearly demonstrated its utter inability to help to restore justice or achieve national reconciliation. On the contrary, its attempts to interfere in current events in the Sudan, despite the obvious lack of jurisdiction, are only exacerbating the situation. Let us stress that, back in 2005, resolution 1593 (2005) was absolutely clear. In that resolution, the Security Council instructed the ICC to investigate the specific situation in Darfur. The ICC failed to do so. Since then, no further instructions have been issued to the ICC regarding the Sudan. Accordingly, the ICC has no jurisdiction whatsoever vis-à-vis the current situation in the Sudan. In the light of that, we once again call the withdrawal of the Darfur file from the ICC docket to be considered and for the matter of delivering justice to be transferred to the Sudanese people themselves. Of course, necessary assistance should be provided to them. We take a similar stance when it comes to the situation in Libya. We believe that such an approach is particularly relevant in the context of the Secretary- General’s UN80 Initiative. Ending the practice of listening to empty reports by the ICC Prosecutor would be a rational step that would help save the Council’s time and resources, allowing us to focus on true priority areas of work. In conclusion, we would like to express our concern about the difficult humanitarian situation in the Sudan. We emphasize that all parties to the conflict have an obligation to comply with the norms of international humanitarian law. At the same time, neither the ICC nor any other models of justice imposed from abroad can usher in lasting peace. The foundations for peace can only be laid down through inclusive inter-Sudanese dialogue that reflects the will and interests of all Sudanese people.

I shall now make a statement in my capacity as the representative of Pakistan. We have reviewed the forty-first report of the Prosecutor of the International Criminal Court (ICC) to the Security Council, submitted pursuant to resolution 1593 (2005). We have noted the progress in the only case that the ICC has prosecuted in 20 years, that of Mr. Abd-Al-Rahman — Ali Kushayb — who voluntarily surrendered to the ICC in 2020, whose trial has been completed and who awaits judgment. Protracted conflict has caused unimaginable suffering to the people of the Sudan. It is a sad reality that the people who were being persecuted 20 years ago when the Security Council made the reference to the ICC are still suffering. For more than 20 years the Zamzam camp has been home to the victims of atrocities in Darfur. We stand in solidarity with the victims. The perpetrators of those heinous crimes must be brought to justice. We call on the parties to re-engage in dialogue and diplomacy and to implement the Jeddah Declaration of Commitments to Protect the Civilians of Sudan and to facilitate humanitarian access to meet the emergency needs of the Sudanese people. The blatant violations of international humanitarian law must stop. Impunity must end. For the Sudanese people, there must be hope — light at the end of the tunnel. For a comprehensive approach to conflict resolution in the Sudan, justice and accountability are paramount. The pursuit of transitional justice goes hand in hand with the process of stabilizing the country. The international community must prioritize strengthening the Sudan’s national justice institutions through technical and other support, enabling prosecution of the offenders and ensuring that transitional justice becomes the foundation for sustainable peace in the Sudan. Cooperation between the ICC and the Sudanese Government must engender a holistic approach to accountability that respects complementarity and national sovereignty. Let me emphasize that Pakistan is committed to the objective of accountability for all international crimes whether committed in Darfur, the Sudan or elsewhere. The reality is that some jurisdictions have remained immune from prosecution despite widely reported crimes, including those committed in situations of foreign occupation. Selectivity and double standards discredit the notion of international justice and accountability. The work of institutions such as the ICC will gain global credibility when driven by full objectivity and impartiality and full and universal respect for and application of international law. The ultimate objective for the Council is to restore peace in the Sudan. The Council should, therefore, accelerate and prioritize its efforts to bring about an immediate ceasefire and advance the political process for durable peace and stability in the Sudan, upholding the unity, sovereignty and territorial integrity of the Sudan. I now resume my functions as President of the Council. I give the floor to the representative of the Sudan.

I value your efforts, Mr. President, in leading the deliberations of the Council this month, and I value your support for the issues related to the Sudan in the Council. I also thank the Deputy Prosecutor, Ms. Khan, for her briefing and summary of the forty-first report. Legislative amendments were introduced pursuant to which the four crimes that are under the criminal jurisdiction of the ICC were incorporated into national legislation. They include the Penal Act of 1991, the Armed Forces Act of 2007 and the Criminal Proceedings Act of 1992. Based on the legal nature of the cooperation, a memorandum of understanding was signed, taking into account article 86 (a) of the Rome Statute. That article addresses cooperation with non-State parties to ensure the assistance contained under part 9 and to provide the necessary assistance in investigations of suspects conducted by the ICC in the Sudan. The memorandum of understanding establishes the mechanisms for cooperation between the two parties. However, including provisions in national legislation related to that cooperation would require a wider legal reform, part of the more complex process of transitional justice. That process has not been completed yet. The Sudan accepted cooperation with the ICC and the new civilian Government will shape that cooperation with the Prosecutor, who is expected to visit Port Sudan very soon. As part of that cooperation, representatives of the Office of the Prosecutor visited the Sudan several times and met with high-level officials. They visited refugee camps in Darfur states. In August 2022, the Prosecutor delivered his briefing to the Security Council from Khartoum (see S/PV.9113). The memorandum of understanding reflected the political will to engage with the ICC on the basis of legal complementarity, which gives the Sudanese judiciary priority over the ICC, as a court of last resort. The Government of the Sudan sought to control that cooperation and, as a result, the President of the Transitional Sovereign Council issued order No. 191 of 2023, by which a committee has been established to coordinate the liaison between the Government of the Sudan and the Office of the Prosecutor, headed by a judge of the Supreme Court and with members from a number of relevant national authorities. The Minister for Foreign Affairs has directed our embassy in The Hague to issue entry visas to the team of the Office of the Prosecutor whenever they request them. As a result of that ongoing communication between the liaison committee and the Office of the Prosecutor, through different means, the committee responded, as much as possible during the war, to most of the Office’s outstanding requests since 2020. The Office of the Prosecutor recognized that in writing and included it in his thirty-ninth report. Cooperation with the ICC in terms of investigations to consolidate legal links included responding to a number of requests that the Prosecutor has sent concerning violations committed in Darfur as far back as 2004. The requests included the situation of three suspects. We responded to those requests in detail at the Council meeting on 27 January 2025 (see S/PV.9851) and we did not receive any additional requests in that regard in the fortieth or the forty-first report. That issue was discussed during the visits of the legal team of the Office of the Prosecutor to Port Sudan. In the framework of the cooperation between the Government and the Court and under the memorandum of understanding and the cooperation agreement, we received several delegations from the ICC in Port Sudan. They accomplished their My assessment of those visits is that through them cooperation between the two parties is being enhanced optimally in order to facilitate the work of the investigative committees established by the Office of the Prosecutor. All the requests submitted by the Office have received the attention they deserve, and the necessary action has been taken in that regard. There is ongoing and constructive cooperation between the Court and the Sudan regarding the crimes and violations that have occurred in Darfur since 15 April 2023. The ICC investigative team has met with officials of the Sudanese Government, witnesses and victims and questioned them about the new crimes and atrocities in Darfur. The team of the Office of the Prosecutor was able to meet with the Attorney General, the head of the commission of inquiry into war crimes and violations, and was briefed on the case of the murder of the Governor of West Darfur state, Mr. Khamis Abakar, and the violations and crimes committed against the Masalit tribe in West Darfur, which amount to the crime of genocide. The Sultan of the Masalit presented his testimony to the Security Council on 19 December 2024 (see S/PV.9822). The liaison coordination committee with the ICC is currently seeking to strengthen cooperation with the ICC team and is ready to receive any new proposals in that regard, particularly regarding facilitating the Court’s association with crimes and atrocities committed by the Rapid Support Forces militia and foreign mercenaries, some of which we referred to in detail in our previous statements. As for the legal basis for cooperation between the ICC and the Government of the Sudan, there are no restrictions on the contacts, movements or investigations conducted by the Court or the activities carried out by it. Requests for cooperation in accordance with article 99 (a) of the Rome Statute shall be carried out in a timely manner as determined by national law, unless it is prohibited by national law. The Sudanese judiciary plays a role in the hybrid investigation that will be conducted in cooperation with the ICC, in accordance with the principle of legal or judicial complementarity and in a timely manner. A criminal investigation is of course a complex matter that requires an integrated judicial and legal framework to be carried out optimally and facts to be verified and made public, in addition to preserving the rights of the accused and suspects. That requires a stable legal system, and the optimal conditions for such a system are not present in the transitional conditions during this fierce war. The National Committee for Investigating Crimes and Violations of National Law and International Humanitarian Law works based on a continuous methodology. It cooperates with the ICC and adopts the methodology of investigating violations of national law and international humanitarian law. The Committee focuses on the legal assessment of the different categories of crimes and assesses the merits of the case in question, before deciding whether the case should be referred to the Court or dismissed. It investigates the violations that have occurred since 15 April 2023, and its mandate will continue until the end of the war or the cessation of violations. The Committee’s It also receives complaints and lawsuits related to all violations committed in violation of national law and international humanitarian law. It investigates them, listens to witness statements and completes procedures before public prosecutor offices in states without limiting the territorial jurisdiction of the criminal proceedings. It also documents criminal cases on violations through the competent public prosecutors’ offices in line with article 11 (b) of the Public Prosecution Law of 2017. It conducts field visits to states to meet with victims and witnesses to determine the violations, damages and measures taken and conducts external visits to meet victims and witnesses and listen to their testimonies. We would also like to clarify the war narrative that was included ambiguously in the forty-first report. Through the investigations conducted by the Committee so far and in line with the testimonies of witnesses and the reports of the competent security authorities, it has been established that the rebel militia in question had clear or premeditated aggressive intentions. Those intentions were manifested through the early planning and threats of the militia’s supporters to start a war if their political demands were not met and to mobilize its forces from various states and station them in Khartoum state some months before the war of aggression, in addition to moving a convoy of combat vehicles on 12 April 2023 and besieging and attacking Merowe airport and occupying and demolishing the airport’s infrastructure. They arrested Egyptian officers and damaged civilian and military aircraft. They took hostages from the airport. The armed forces called on the aggressor Rapid Support Forces to withdraw from the attack, but they did not respond to that call and continued their aggressive actions. On the morning of 15 April 2023, those Forces attacked the residence of the head of the Transitional Sovereign Council, the Commander-in-Chief of the armed forces, in an attempt to kill or arrest him. They mobilized more than 600 four-wheel-drive vehicles and several armoured vehicles, and it was proven that the rebel militia had prepared several vehicles used to demolish buildings before the attack, as confirmed by the commander of the rebel militia in media statements made to Al Jazeera on 15 April 2023, when he said that they would arrest or kill the Commander-in-Chief. The Committee considered the acts carried out by the rebel militia to be a violation by the Rapid Support Forces of the Law of 2017, as they belong to the armed forces and operate under the orders of the Commander-in-Chief. Based on article 162 of the Armed Forces Law of 2007, it is also a violation of the Anti-Terrorism Law of 2001. The rebel militia’s actions constitute a rebellion against the constitutional order, and they are therefore, by law, a rebel group of fighters against the legal system of the State. Despite repeated claims by the Commander-in-Chief and the commanders and members of the militia that they would put down their arms and surrender themselves to the armed forces in exchange for amnesty, the militia did not respond to that. The armed forces therefore had to carry out their constitutional duty and ensure the preservation of the country’s integrity and defend its citizens in the face of those attacks. That is in line with article 35 of the Constitution as well as Article 51 of the Charter of the United Nations. The Rapid Support Forces are launching a war of all-out destruction against the State without the main parameters of a regular army. They lack unity of control and command or even knowledge of the rules of engagement, provided for under the Armed Forces Act. They are established on a communal basis and their recruitment is based on ethnicity. On the other hand, the soldiers of the Sudanese Armed Forces come from all strata of Sudanese society. They have been trained in international humanitarian law. They follow a strict code of conduct. Under the principles of precaution and distinction, the armed forces also, through its spokesperson, issued a number of regular statements warning civilians in any areas that might become theatres of war ahead of time. We seek to protect war victims and their fundamental rights, regardless of the party to which they belong, in line with the prohibition under international humanitarian law on attacks against or the destruction of civilian objects necessary for livelihood, including food, agriculture, livestock, water stations and so forth, which are all targeted daily by the militia and its sponsors. We also implement article 3 of the Fourth Geneva Convention and the Protocol Additional to the Geneva Conventions to ensure the humanitarian treatment of persons who are not participating in fighting and the protection of civilian objects. Some 3,997 cases were referred to specialized courts. The courts have adjudicated 1,093 criminal cases so far. We have to stress that special or extraordinary courts have not been established for suspects affiliated with the rebel militias. Instead, they were adjudicated and prosecuted in regular courts in line with just proceedings. Article 52 of the 2019 Constitution, as amended in 2020, stressed that suspects are considered to be innocent until proven guilty, and that no criminal or civilian measures will be taken against any suspects until they receive a fair hearing, in line with procedures. No accusations are made against anyone without evidence. We welcome any cooperation with the international community in regard to any technical or logistical support for capacity-building and exchange of expertise with international judicial bodies and the ICC, so long as it is in line with judicial complementarity. In this vein, on 14 March 2024, the National Committee met with the ICC delegation. We informed it of the order to establish the Committee, its jurisdiction and duties, and all the violations observed, especially the violations perpetrated by the rebel militia in West Darfur, El Geneina and Zalingei, as well as in Gezira state and others. We also informed them of the criminal cases against the rebels, especially when it comes to genocide, such as what happened against the Masalit tribe in El Geneina, the events in Ardamata, the killing of Governor Khamis Abakar and events in Zalingei and Darfur. The Committee has responded to the request for judicial cooperation from the ICC Prosecutor concerning the cases of rebel militia violations in Darfur and the related arguments received, as well as interviews with witnesses. On 11 December 2024, following an invitation from the ICC, the National Committee, led by the Attorney General, visited the headquarters of the Court in The Hague and met the Prosecutor. They discussed prospects for cooperation with the Court. In this regard, on 20 April 2025, a delegation from the Criminal Court visited the Sudan. We reached a total of 120,594 cases against individuals and commanders of the rebel militias in the different States of the Sudan, of which approximately 4,000 cases have been referred to the ordinary courts. The total number of court In line with witnesses’ accounts, the rebel militia have committed gross violations against prisoners and killed them in Khartoum, Gezira and West Kordofan states and El Fula city in West Kordofan state, especially after the rebel militias made an incursion into those states on 28 June 2024. They have killed more than 50 of the prisoners, abductees and detainees who were allegedly cooperating with the Sudanese Armed Forces. The militia also committed grave violations of international humanitarian law and international human rights law by using drones. They have targeted civilians and critical civilian objects. They have targeted the Merowe dam using combat drones, the two main transformers at the auxiliary station in Gedaref state, power stations in Kassala, Red Sea, White Nile and Northern states and Omdurman. They have also targeted fuel depots in Port Sudan, Atbarah and Kusti, and Port Sudan airport, which led to huge material and environmental damage in those areas and caused pollution, endangering civilians’ lives. In conclusion, we call on the Office of the Prosecutor to designate individuals and elements from outside the Sudan in neighbouring countries, whether African or from the main regional sponsor, for investigation, because they have been supporting and encouraging the Rapid Support Forces militia for the continuation of this war. They allowed the smuggling of weapons. They provided logistical support, food and drones and missiles to the militias. They provided them with support so that they can occupy parts of Sudanese territory with the help of foreign mercenaries to establish a parallel Government. This is a new crime of aggression that must be contained. Those elements must be added to the list of investigations to ensure an end to the impunity that has been worsening recently in relation to atrocities seen all over the world. We call on the international community to provide enough logistical and financial support to the ICC so that it can implement its mandate and investigate the gross crimes committed in Darfur. The ongoing impunity does not threaten peace and security in Darfur alone but also undermines transitional justice and national reconciliation in the Sudan at large. The Sudan, therefore, stresses that the funding of the Court’s investigations is a collective ethical and legal commitment that must be undertaken to ensure accountability and fairness for the victims. We welcome visits by the Prosecutor of the ICC to the Sudan, whenever that is possible, to ensure an end to impunity and to support sovereign jurisdiction in the Sudan in line with our continued cooperation based on legal complementarity.

Deputy Prosecutor Nazhat Shameem Khan has asked for the floor to make a further statement. I now give her the floor. Ms. Khan: I thank you again, Mr. President, for this opportunity to brief the Security Council. I want to thank all States that contributed to this constructive discussion, and I look forward to working together with the Government of the Sudan to deepen engagement and cooperation in line with the representative’s remarks today. The Office of the Prosecutor again emphasizes its commitment to continue its work in relation to the situation of Darfur to achieve results for the victims and survivors and the people of Darfur.