16 years ago today, the text of the Rome Statute of the International Criminal Court (ICC) was adopted, signaling a sea change in the international community’s approach to criminal liability for the world’s most heinous crimes of genocide, war crimes, and crimes against humanity. On the occasion of International Justice Day, we stand more than a decade from the inception of the ICC, able to assess the progress achieved and the still-unfulfilled potential of the institution.
The Bashir Watch Coalition, a group of human rights organizations dedicated to accountability in Sudan, is deeply concerned about ongoing impunity in Darfur and other parts of Sudan, particularly regarding outstanding arrest warrants for Sudanese President Omar al-Bashir on charges of war crimes, crimes against humanity, and genocide. We recognize the important role that the ICC has played in seeking justice in Sudan, but also note with urgency that there is much more to be done.
The Coalition notes with appreciation that, after receiving a UN Security Council referral in 2005, the ICC has been the only consistent, transparent, and impartial voice for justice in Darfur. The Court has provided a platform for victims to speak out about what is happening and holds the most promising path for accused perpetrators to have their days in court. The trial of Abdallah Banda, allegedly responsible for the deaths of 12 African Union peacekeepers, will be an important step forward when it begins soon in November 2014.
We also recognize the deterrent effect that the ICC arrest warrants have had on some of Sudanese President Omar al-Bashir’s travels, including to key African countries like Nigeria and Kenya where local civil society groups have taken action to pursue Bashir’s arrest.
Despite these positive signs, impunity is winning in Sudan—and its consequences are clear. Darfur today is experiencing the most intense levels of violence since the height of the genocide in 2003-2005. According to UN estimates, over 400,000 people were newly displaced in 2013, and that number has nearly been surpassed already in the first half of 2014. Government attacks have also spread beyond Darfur into the states of South Kordofan and Blue Nile, where another million people have been displaced or severely affected by violence. In her address to the UN Security Council last month, ICC Chief Prosecutor Fatou Bensouda noted that nearly a decade since Darfur was referred to the ICC, “systematic and widespread crimes continue to be committed with total impunity in Darfur,” with “no meaningful steps” being taken to bring the Darfur suspects to justice.
The Coalition and our allies are also deeply disturbed by the troubling allegations about the AU-UN Hybrid Operation in Darfur (UNAMID), especially that its staff have been withholding evidence from the public and United Nations entities—including the Security Council—related to the Government of Sudan’s involvement in serious crimes and breaches of international laws. These crimes include aerial attacks and the continued use of Janjaweed proxy militias to target civilians, in violation of UNSC Resolutions 1591 (2005) and 1556 (2004).
We welcomed Prosecutor Bensouda’s strong call for an independent investigation into these allegations, especially in light of civil society’s call for such an investigation in April 2014. We similarly welcome Secretary General Ban Ki-Moon’s launch of a review of past investigations and inquiries into UNAMID, but we worry that this internal exercise may not translate into genuine corrective actions. We therefore urge the UN Security Council to heed Prosecutor Bensouda’s warnings, and to pay close attention to this review and to push for further investigation and corrective measures if necessary.
On this Day of International Justice, we reaffirm our hope in the institutions of the UN Security Council and the ICC, which have played important roles in the pursuit of justice for Darfur so far. We urge all justice-minded actors, within these institutions and beyond, to recommit themselves to a course of action that will bring an end to the suffering of millions of Sudanese civilians under the brutal regime of Omar al-Bashir. As Prosecutor Bensouda recently told the Security Council, “The victims in Darfur, and the peacekeepers who have sacrificed their lives, deserve better. We all do.”
March 8, 2016
Indonesia just turned their backs on the victims of the Darfur genocide by welcoming the man responsible, Sudan’s President Omar al-Bashir.
February 23, 2016
Egypt, already suspect in its human rights record, has added yet another glaring blight as it welcomes the man behind the Darfur genocide.
October 27, 2015
If Bashir enters India, Indian authorities must respect their legal obligations to arrest and surrender Bashir to the International Criminal Court.
October 15, 2015
Algeria has welcomed a visit by Sudanese President Omar al-Bashir, despite his record of human rights abuses and charges of genocide.
September 3, 2015
BashirWatch calls on the Chinese authorities to arrest and transfer Bashir to the ICC to face the charges against him in a fair trial.
July 31, 2015
The government of Mauritania welcomed Bashir, emboldening a leader of a regime that continues to bomb civilian areas and deny humanitarian aid.
July 12, 2015
July 12, 2015 marks five years since Sudan’s President Omar Al-Bashir had three counts of genocide added to the charges of which he stands accused by the International Criminal Court. Despite this, he has been able to globe-trot with impunity.
June 4, 2015
South Africa should stand for justice for the people of Sudan and refuse to allow Sudanese President Omar al-Bashir, charged with genocide, war crimes, and crimes against humanity, into its territory.
April 21, 2015
Bashir has been flaunting his impunity for years, but not this time.
March 23, 2015
Indonesia has invited Sudanese President Omar al-Bashir to visit for the Asia-Africa Summit next month despite his horrifying record of human rights abuses.
