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Statement by
1. Allow me first of all to congratulate you on your assumption of the presidency of the Security Council for the month of December, and to assure you of my delegation’s full support. I should also like to thank you for the kind words addressed to Indonesia as President of the Security Council for the month of November. 2. We thank Mr. Moreno-Ocampo for his briefing regarding the activities of the ICC since June, 2007 in the implementation of resolution 1593. 3. Various attrocities have continued to be committed by all sides in Darfur. We note that since the Prosecutor’s briefing last June, the International Criminal Courts has delivered requests to the Government of the Sudan for the arrest and surrender of certain individuals, which was also reiterated in statements by the Prosecutor and Court officials, including the President of the ICC to the General Assembly. My delegation notes and appreciates the Prosecutor’s efforts to pursue contacts with Sudan’s neighbors, the United Nations Secretariat, the African Union, the League of Arab States, local groups, NGOs and others. We also note the Prosecutor’s position that alleged attacks committed by rebel factions against peacekeepers and humanitarian convoys warrant further investigations. 4. It is deeply troubling that the conflict in Darfur is continuing, with the attending consequences of a worsening humanitarian situation. The displacement of the population; deliberate attacks on civilians, humanitarian personnel and peacekeepers; as well as tribal clashes—if unchecked, could only create more difficulties for the establishment of peace. We should take pause at the civilian toll of the conflict. It is also the worst year for AMIS peacekeepers in terms of those killed and wounded—more than half of AMIS personnel killed since the mission’s deployment in 2004 occurred this year. The Council condemned the Haskanita attack against AMIS at the end of September that killed 10 AU peacekeepers and demanded that no effort be spared to identify and bring to justice the perpetrators. 5. My delegation condemns the continued gross violations of human rights and international humanitarian law in Darfur. These crimes are egregious affronts to the norms, rules, and collective conscience of the international community. The perpetrators of these acts must be brought to justice. We extend our deepest sympathies and solidarity to the victims and their suffering, as well as to the people of the Sudan, who continue to face the impact of conflicts in their country. In the interest of humanity for the victims and the community as a whole, justice must be served without unnecessary delay. Mr. President, 6. This Council received important briefings from Special Envoy Jan Eliasson and Under-Secretary-General Guehenno last week on the status of the political process and deployment of UNAMID. Using the Addis Ababa Conclusions of last year as the yardstick, we believe we are making some headways in the political process and the deployment of UNAMID. The briefings, however, also made clear of the challenges confronting these efforts. They include the boycott of the Sirte talks, a lack of specialized, yet critical units for UNAMID, and difficulties in the talks between the Secretariat and the Sudanese authorities to follow-up resolution 1769. 7. These developments point to the need for the Council to continue and enhance its efforts on the attainment of a political framework for peace and a sustainable ceasefire, supported by an effective peacekeeping. Moreover, it essential, we believe, that the Council maintains its unity, encourages the parties in Sudan to participate constructively in the peace process, and pushes forward with the Hybrid Operation. 8. While peace cannot be complete and sustainable without justice, justice cannot prosper in the absence of peace. The implementation of resolution 1593 should pay due regard to the wider efforts to achieve peace in the Sudan. Dialogue and cooperation with the Government of the Sudan is key. Mr. President, 9. The role of the ICC, in accordance with the Rome Statute, shall be complementary to national criminal jurisdiction. We believe that the implementation of resolution 1593 and the conduct by the Prosecutor shall neither nullify the principle of complementarity nor prevent the Sudanese national court from invoking its jurisdiction against the perpetrators. We also believe that the cooperation of the Government of the Sudan with the ICC should be addressed in a comprehensive manner in the context of achieving peace and security. 10. Finally, Mr. President, we wish to underline
the independence of the Court in the conduct of its work. We believe
that once a case has been referred to the Court, involving the Security
Council, there should be no interference in this legal process. At
the same time, we recognize and underline the responsibility of the
Security Council to ensure that the Government of the Sudan complies
with the provisions of Security Council resolution 1593. There can’t
be any impunity.
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