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ICC Prosecutor Ready with Evidence Against Darfur War Criminals |
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New York, 14 December 2006
ICC-OTP-20061215-193-En 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 . |