African leaders meeting in Tripoli on Monday, May 16, to discuss Darfur must call on the Government of Sudan and all other parties to the conflict in the region to cooperate fully with the International Criminal Court, said Human Rights First, which has advocated for justice for victims in Darfur in partnership with the Darfur Consortium, a coalition of African civil society organizations.
Chad, Egypt, Libya, Nigeria and Sudan are expected to send representatives to Monday’s African mini-summit, and it is anticipated that they will discuss in part the response of the Sudanese government to United Nations Security Council resolution 1593, which authorizes the International Criminal Court to hold accountable those responsible for grave crimes in Darfur. Security Council resolution 1593 also explicitly provides that the Government of Sudan and all other parties to the conflict in Darfur must cooperate fully with and provide any necessary assistance to the International Criminal Court.
“The Government of Sudan should be reminded that any failure to cooperate with the International Criminal Court would put it in direct breach of U.N. Security Council resolution 1593,” said John Stompor, Senior Associate in the International Justice Program at Human Rights First. “Lack of cooperation would also signal the Sudanese government’s rejection of the principles of justice and accountability endorsed by the majority of 53-member African Union.”
A majority of the member states of the African Union – including Nigeria, whose President serves as the African Union’s Chairperson – has ratified the Rome Statute of the International Criminal Court. Many other African Union countries – including Chad, Egypt and Sudan – have signed the treaty establishing the Court.
“As both a party to the International Criminal Court and a leader of the African Union, Nigeria bears a special responsibility to promote Sudanese cooperation at the meeting in Tripoli,” said Stompor. “Sudanese rejection of the Court would also damage the Nigerian-led efforts of the African Union to promote peace in Darfur.”
“A necessary component of peace in Darfur is accountability for crimes against humanity and the other grave crimes committed in the region,” added Stompor. “Unless those responsible for such crimes are brought to justice, it will be impossible to promote the safe return of the millions of former residents of Darfur who have fled their homes.”
Background
Since 2003, estimates indicate that more than two million people have fled their homes and nearly 400,000 people have died, largely as a result of a campaign of violence against civilians in Darfur by the Sudanese army and its proxy militia, the Janjaweed. Civilians have been victims of mass killings and rape, their villages have been burned, and they have been forced to flee for their lives.
In January 2005, the U.N.-appointed International Commission of Inquiry on Darfur found that crimes against humanity and war crimes have been committed in Darfur by the Government of Sudan and the Janjaweed militia forces. In addition, rebel forces opposed to the government were found to have committed war crimes in the region. The Commission also found that the Sudanese government had failed to demonstrate the ability or willingness to investigate and prosecute the grave crimes committed in Darfur.
Based on these findings, the U.N. Security Council decided in March 2005 to refer the situation in Darfur to the International Criminal Court.
