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New York, 14 December 2006
ICC-OTP-20061215-193-En
Today, ICC Prosecutor Luis Moreno-Ocampo informed the United
Nations Security Council that he has nearly completed an
investigation into some of the worst crimes committed in Darfur.
He is preparing to submit evidence to the ICC judges no later
than February 2007 and is putting measures in place to protect
victims and witnesses.
The evidence in this emerging first case points to specific
individuals who appear to bear the greatest responsibility for
war crimes and crimes against humanity including persecution,
torture, murder, and rape. The Security Council referred the
situation in Darfur to the Prosecutor in March 2005.
This progress occurs within the context of continued violence in
Darfur and an apparent spill over of crime and violence into
Chad and the Central African Republic. “This Council has
recognized that justice for victims will contribute to enhancing
security and will send an important warning – beyond the borders
of Darfur – to those individuals who might otherwise resort to
violence and the commission of crimes to achieve their aims,”
Mr. Moreno-Ocampo said.
The Prosecutor’s first case focuses on a series of incidents in
2003 and 2004, when the most serious crimes occurred in large
numbers. Perhaps most significant, the evidence reveals the
underlying operational system that enabled the commission of
these massive crimes.
The evidence comes from a wide range of sources and reflects a
thorough, independent, and impartial review of incriminating and
exonerating circumstances. Sources include statements from
victims as well as Sudanese officials, documents provided by the
Government of the Sudan and the National Commission of Inquiry,
thousands of documents collected by the International Commission
of Inquiry, and materials generated by the Security Council,
states, and international organisations.
The Prosecutor described four previous visits by his staff to
the Sudan, mentioning, in particular, interviews in August 2006
with two senior Government officials who by virtue of their
positions could provide information about the activities of the
security forces in Darfur and other parties to the conflict.
However, the Prosecutor noted “a number of outstanding requests
for documents and interviews which remain an important feature
of the fact-finding process.”
Reaching the victims and assessing their interests has been a
priority for the Prosecutor. Since the start of the
investigation, his Office has conducted more than 70 missions to
17 different countries, screening hundreds of potential
witnesses and taking more than 100 formal witness statements,
many of which were from victims.
The Prosecutor described his efforts to assess the admissibility
of the case by requesting information about genuine national
judicial proceedings from the Government of the Sudan and other
sources. The ICC is designed to be a court of last resort and
under the Rome Statute can intervene only if national
governments are unable or unwilling to investigate and
prosecute.
In November, Mr. Moreno-Ocampo requested an update from the
Government of the Sudan about national judicial proceedings. In
a formal reply, the Government reported that 14 individuals have
been arrested for violations of international humanitarian law
and human rights abuses. This reported activity does not,
however, appear to render the Prosecutor’s case inadmissible.
The Prosecutor reported that he would request the cooperation of
the Government of the Sudan to facilitate a visit by his Office
to the Sudan in January 2007 to interview the individuals in
custody.
As the Prosecutor prepares to present the evidence to the
judges, he is closely following allegations of current crimes
reported to exacerbate the suffering of the vulnerable
population in Darfur, including more than two million already
displaced by the violence. Despite the Darfur Peace Agreement,
there continue to be reports, almost daily, of grave criminal
acts, including sexual assaults of women and children and
attacks on villages, in addition to reports of attacks against
humanitarian aid workers and African Union peacekeepers. “The
perpetrators are standing in the way of peace and security,” Mr.
Moreno-Ocampo told the Council . |
