Brussels: Europe and the Arabs

This report describes the activities undertaken by the Office of the Prosecutor (the “Office”) in relation to the situation in Darfur during the reporting period from August 2022 to January 2023. During this period, the Office focused its work on the implementation of the Strategic Approach The new and roadmap related to the situation in Darfur outlined by the Prosecutor in his previous report to the Security Council Important steps have been taken in the past six months towards accountability, and while it is being strengthened. A real quantum leap can only be achieved with the cooperation of the Sudanese authorities and the holding of the historic trial of Mr. Abdul Rahman, the first case brought before the International Criminal Court in relation to the situation in Darfur and the first case stemming from a referral from the United Nations Security Council. Thanks to the courage of the victims and witnesses who came forward to testify, the Court heard testimony of alleged crimes against humanity and war crimes committed in Wadi Salih and Mukjar localities in West Darfur, including killings, rape, destruction of property and looting. The office expects to conclude its arguments as scheduled in February. Thanks to the speed with which this trial is conducted, it is considered the most efficient since the establishment of the Tribunal.
The Office was also able to take significant steps forward in other major investigative lines highlighted in this report. This progress has been based in particular on enhanced cooperation with third countries and international institutions which has allowed the Office to obtain new forms of evidentiary material relevant to the identified suspects.
This work has also been supported by the allocation of additional resources, reflecting the priority the Prosecutor places on Security Council referrals, as indicated in his previous reports. Specifically, the Office has ensured that additional Arabic-speaking staff specialists are added to the Darfur Consolidated Law Enforcement Team on loan from States Parties.
Progress has also been made regarding communication with victims, witnesses and affected communities. The Prosecutor's visit to Sudan in August 2022, in particular his visit to Darfur and the camps for internally displaced persons, provided an important platform for dialogue and enhanced cooperation with local communities. During the Prosecutor's visit, he heard directly from victims and affected communities regarding their legitimate expectations that justice be served and how the Office can engage more effectively with those affected by alleged crimes in Darfur. During the reporting period, the Office to Address Crimes Against Children also held its first thematic round table with civil society organizations, which will affect them. This included the participation of a number of civil society organizations from Darfur.
While the Office has taken important steps forward, the full cooperation of the Sudanese authorities remains central to expediting the investigation and meeting the legitimate expectations of survivors. In his latest report, the Prosecutor-General confirmed that a pivotal moment had arrived at which the cooperation of the Government of Sudan must be improved, detailing four major steps that the Government should take in the next six months. During his visit to Sudan, the Prosecutor received specific undertakings from senior members of the Government of Sudan that such cooperation would be forthcoming. These commitments have not been met, as little real progress has been made in the four priority areas identified by the Prosecutor.
While some small steps have been taken in areas such as the provision of visas, the office reiterates its basic requests to the Sudanese authorities to:
1) Provide unhindered access to documents and witnesses in Sudan. In the current reporting period, the Office faced undue challenges even in accessing the public archives;
ii) supporting the establishment of a field presence in Sudan;
and 3) Ensure prompt response to requests for assistance from the Office to the Sudanese authorities. No
34 requests for assistance addressed to the Sudanese authorities are still pending, and no response has yet been received
date of this report.
These challenges to cooperation with the Sudan have negatively affected evidence-gathering activities and thus delayed work towards the submission of a completion strategy for the case. However, this remains a priority for the Prosecutor in future reporting periods.
The Office will continue its efforts to implement the new strategic approach to the situation in Darfur in the next reporting period, with a focus on completing the trial of Mr. Abd al-Rahman and completing major investigative steps in other priority investigative tracks with the support of third countries, international and national organizations. The Government of the Sudan should see this moment as an opportunity to fulfill the commitments it has made to the Office for effective cooperation and lay the foundations on which the steps towards accountability that are now being taken towards accountability can achieve collective success.
Most importantly, it is essential that Sudan demonstrates its ability to deliver on the promises it made to its people by addressing the suffering of the victims in Darfur and ultimately delivering justice.