Security Council: Statement by Ambassador Wittig in a Briefing on Sudan (ICC)

Dec 13, 2012

(Security Council: Statement by Ambassador Wittig in a Briefing on Sudan (ICC))

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"Thank you, Mr. President !

I would like to thank the Prosecutor, Mme. Bensouda, for her report and statement  today. You have comprehensively covered recent judicial activities, the alarming situation in Darfur, and the persistent non-cooperation from the Government of Sudan regarding the implementation of arrest warrants.

Mr. President

This is the sixteenth time the Prosecutor is reporting to the Council following the Darfur referral. Once again, we have to note with deep regret that the four arrest warrants issued by the ICC have not been executed. Ahmad Harun, indicted for war crimes and crimes against humanity, is still Governor of South Kordofan. Ali Kushayb, indicted for war crimes and crimes against humanity, remains at large in Sudan. President Omar Hassan Al-Bashir, indicted for war crimes, crimes against humanity and genocide, continues to defy the authority of the Council.  And Abdel Raheem Hussein, for whom an arrest warrant has been issued in March, is still Minister of Defence. As the Prosecutor’s report states yet again, it is the prime responsibility of the Government of Sudan to comply with the Council’s resolutions, to cooperate with the Court, and to surrender the indicted persons to the authority of the Court. Yet, Sudan still shows not the slightest willingness to do any of the above, and thereby continues to openly defy the Council’s authority. This situation is extremely deplorable.

We must therefore not lessen in our determination to ensure that the four indicted persons will be held accountable, and we take full note of the fact that the Prosecutor calls upon the Security Council to ensure Sudan’s compliance with Resolution 1593. Likewise, Germany reiterates its call upon all States Parties of the ICC to fully honour their obligations under the Rome Statute, in particular the obligation to cooperate and to execute any warrant of arrest issued by the Court. In this regard, we fully support recent proposals aimed at ensuring a more active and consistent involvement of the Council in cases of non-cooperation following the referral of a situation to the ICC. In the age of accountability, non-cooperation must be met with increased vigilance by the Council.

Mr. President,

We commend the Office of the Prosecutor for its continued monitoring of alleged acts of genocide and/or crimes against humanity in Darfur and attacks against humanitarian aid workers and UNAMID peacekeepers. In this respect, we are deeply concerned about reports of continued indiscriminate aerial bombardments that lead to the death of numerous civilians, and, in general, the recent increase of violence especially in North Darfur. We continue to be concerned about all forms of violence against civilians in Darfur, especially sexual and gender based violence as well as violence against children, and reports about arbitrary arrests and detentions.

In this respect, we would like to draw the attention to the incidents that took place in Hashaba in late September 2012: According to various sources including UN reporting, violence in Hashaba including aerial attacks resulted in the death of up to 100 civilians. Furthermore, an UNAMID patrol that was tasked with investigating the incident, was ambushed. A South African Peacekeeper died in the attack. We call for a thorough investigation of the attack on Hashaba as well as on the peacekeepers. Those responsible must be brought to justice.

Mr. President,

Germany will soon be ending its tenure as a non-permanent member of the Council. It was during our membership that the Council for the first time took a unanimous decision to refer a situation to the ICC. It is our hope that the Council will show similar resolve in other situations where most serious international crimes are being committed. As a State party to the Rome Statute, Germany will continue its strong support to the ICC.

I thank you, Mr. President !"

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