Attachments
EXECUTIVE SUMMARY
This Report reflects the activities pursued by the Office of the Prosecutor (“OTP” or “Office”) in relation to the situation in Darfur over the reporting period of January to August 2022.
Action during this period has included a landmark moment for justice in Darfur and for the relationship between the ICC and the United Nations Security Council, with trial proceedings commenced on 5 April 2022 in the case of Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) (“Mr Abd-Al-Rahman”), the first trial at the Court based on a referral from the Council.
The trial of Mr Abd-Al-Rahman serves as an example of how the process of justice can be served through persistence of action by all actors and by harnessing available avenues for cooperation. Over the last four months, 28 witnesses have provided testimony that reflects the experiences of many survivors of crimes committed in Darfur. This process now continues, with presentation of the case by the Prosecution expected to conclude early next year.
In parallel with its work in taking forward proceedings in relation to Mr Abd-Al-Rahman, the Office has completed an overarching assessment of progress made to date in investigative activity in relation to the situation in Darfur. On this basis, the Office has developed an updated plan for action to build further momentum across other key lines of enquiry. With the ongoing trial demonstrating what can be achieved through concerted efforts towards justice, it is essential that focus is now placed on injecting further impetus into ongoing investigations in relation to individuals subject to outstanding arrest warrants issued by the Court.
During the reporting period investigations have progressed both inside and outside Sudan, and the Office continues to look for opportunities to build partnerships with States Parties, non-States Parties, civil society organisations and international and regional institutions to strengthen investigations, support access to witnesses and evidence, and to assist with technical and analytical endeavours.
The renewed approach outlined in this Report is founded on a core set of principles aligned with the overall strategic vision of the Prosecutor for the work of the Office and reflects a broader emphasis placed on ensuring that referrals from the United Nations Security Council are prioritised and afforded sufficient staffing and technical capacity. The Office further presents in this Report a set of key medium-term benchmarks which will serve as a framework for action in the coming months. This plan is presented as a basis for further engagement with all stakeholders in our collective efforts to deliver justice for core international crimes.
However, in outlining this plan the Office has also sought to address the impediments it has faced with openness and realism. Further progress will require meaningful cooperation from the Government of Sudan. In order to ensure continued and sustained access to victims, witnesses and relevant documentation, there must be a revived commitment by Sudanese authorities to enhance cooperation with the Office.
The reporting period has seen a varied approach with respect to cooperation from Sudanese authorities. The Office has welcomed and acknowledged recent steps including the provision of multiple-entry visas and support with respect to a limited number of requests for assistance. However, the overall picture during the reporting period has remained challenging and represents a backwards step from the strong period of cooperation enjoyed by the Office from Sudanese authorities from February to October 2021. The insecurity that persists following the events of 25 October 2021 also continues to cause disruption to investigative activity.
A pivotal moment is being reached in which cooperation by the Government of Sudan must be improved. Key steps that Sudanese authorities should take in this regard in the coming reporting period include:
- Provide unimpeded access to documentation relevant to investigations of the Office;
- Provide unimpeded access to government or former government witnesses and other material witnesses;
- Take prompt action to facilitate an enhanced field presence of the Office in Khartoum;
- Ensure prompt responses to all requests for assistance submitted by the Office to the Government of Sudan. Only two requests out of a total of seventeen submitted since the last Report have been executed. Ten requests from the previous reporting period also remain outstanding.
From 20 – 24 August 2022, the Prosecutor will travel to Sudan to address these matters with the Sudanese authorities. HewillunderlinethattheOfficestandsreadytotakepromptaction in an effort to strengthen cooperation and in particular to increase opportunities for engagement by the Office with affected communities and the Government of Sudan. Faced with cooperation challenges in this reporting period, the Office has also sought to deepen its engagement with other partners in order to progress investigations, including through development of new avenues for cooperation outside of Sudan. The OTP’s continued engagement with victims and survivors, although challenging, has also remained essential for the entire situation, whether in relation to the trial of Mr Abd-Al-Rahman, or with respect to the other individuals subject to arrest warrants. Despite numerous access issues, outreach efforts to key affected communities have been progressed in recent months both inside and outside Sudan, while partnerships with both local and international non-governmental organisations have been critical in advancing investigative work in this situation.
The effective cooperation of other States and international institutions has also been central to progress made in accessing relevant evidence, resources, skills and expertise. Building on this extended network of partnerships, the Office has sought to further move beyond witness- based evidence to other data sources and has developed new strategies to protect sensitive sources. The Office is grateful for the strong support provided by third States during the reporting period.
As referenced by the Prosecutor in the last report, the response of the Office to referrals by the Security Council cannot be permanently open-ended. The progress made in the case of Mr Abd-Al-Rahman now needs to be reflected with respect to those individuals subject to outstanding arrest warrants issued by the Court so that this chapter of common action towards justice between the Court, the Council and those impacted by Rome Statute crimes can be successfully concluded. The Office will now continue working on the implementation of its renewed approach in the coming months with a view to presenting a completion strategy in relation to the situation in subsequent reports.
The Office looks forward to engaging in enhanced collaboration with all relevant stakeholders in the coming reporting period, in particular the Government of Sudan whose meaningful cooperation remains crucial to meeting the legitimate demands for justice of survivors and affected communities.
The patience of victims cannot be infinite. There is now an opportunity, and a collective obligation, to translate the promises and assurances of the last two decades into meaningful action.