Sudan: the political crisis continues to block the peace process in (…)

Mister President,

I, too, would like to thank Prosecutor Khan for the comprehensive presentation in his 36th report on the activities of his office.

Mr Prosecutor,

Your trip to Sudan, and in particular to the IDP camps in August 2022, has given hope to victims of conflict and local communities and is a welcome initiative.

Mister President,

The investigation by the International Criminal Court (ICC) into the situation in Darfur, at the request of this Council, is all the more essential in this period of fragile transition in Sudan. The political crisis continues to block the peace process in Darfur. Building a lasting and inclusive peace in the region will not be possible without justice. The fight against impunity for the perpetrators of the most serious crimes is part of the restoration of democratic life, reconciliation and the triumph of the rule of law.

We understand that the events in Sudan have had very worrying consequences for the conduct of the Court’s investigations. We therefore call on the Sudanese authorities to cooperate fully with the Office of the Prosecutor and to fulfill their obligations under not only resolution 1593 but also the Juba Peace Accords and memoranda of understanding signed with the Office of the Prosecutor. All necessary assistance should be provided to investigators. Investigators must have safe access to Sudanese territory, including crime scenes, evidence and witnesses, including while held in detention facilities. As part of the agreements with the Sudanese government, the local office of the International Criminal Court should quickly settle in Khartoum.

Mister President,

France welcomes the substantial progress in the case against Mr. Abd-Al-Rahman, or Ali Kushayb. This is the first case before the International Criminal Court to be decided on the situation in Darfur and the first following a referral by the Security Council. We welcome the smooth running of the trial, thanks to the work of the Prosecutor and the judges, so that justice can be done on time. This trial represents a crucial moment for the survivors and the families of the victims. In this regard, we recall that it is essential that the witnesses in this case can be heard in complete safety, without risk of reprisals and without hindrance.

Beyond that, while complementarity remains a cardinal principle, the execution of outstanding arrest warrants is crucial. We call on Sudan to surrender Mr. Harun to the ICC as soon as possible. We again urge Mr. Banda to come immediately to the Court to stand trial.

We welcome the increased cooperation between the Office of the Prosecutor and third States as well as with international organizations, which has enabled the Court to advance various investigations and obtain new evidence.

While the Prosecutor is carrying out essential investigations into all abuses within his jurisdiction, we reaffirm France’s full support for the International Criminal Court, the only international criminal jurisdiction with a universal vocation.

Mister President,

Allow me to take advantage of the presence of the Sudanese authorities and representatives to make a few more general observations which may also influence cooperation with the Court.

France’s commitment to Sudan since 2019 is closely linked to the continuity of the democratic transition. The political stalemate in which the military authorities have locked themselves has compromised many of the gains of the past two years. Political instability particularly affects the security situation in Darfur. It has led to an increase in violence, including intercommunal violence. Those responsible for this violence must answer for their actions. We also reiterate our call for the deployment of the joint protection force provided for in the Juba agreements. The protection of civilians, including humanitarian and medical personnel, as well as ensuring full, safe and unimpeded humanitarian access is the responsibility of the Sudanese authorities. These issues must remain priorities.

The framework agreement signed on December 5 between the military and the FFC, which we welcome as an important step towards peace and democracy, must now allow the restoration of a civilian democratic transition. In this regard, we support the efforts of the United Nations, the African Union and IGAD to facilitate dialogue between the Sudanese parties. It is now important that the Sudanese parties move forward as soon as possible to finalize the various round tables provided for in the framework agreement. Once a new civilian government is formed, France will be able to fully resume its cooperation with the Sudanese authorities.

In conclusion, allow me to say that alongside its partners, notably European and other, France will remain mobilized in favor of the political transition in Sudan, but also in favor of the accountability of the perpetrators of crimes falling within the jurisdiction of the International Criminal Court Search.

Thanks.