03 December 2024
(Read before the 23rd of the Assembly of States Parties (ASP) to the Rome Statute of the International Criminal Court (ICC) on 03 December 2023)
On behalf of Atrocities Watch Africa (AWA), we wish to offer the following observations to the Assembly of States Parties, particularly regarding the need for equal and robust action in all situations in which the International Criminal Court has jurisdiction.
AWA is concerned about the disparity in the attention given by the Court to certain situations.
In this context, we would like to raise urgent concerns about the situation in Sudan. The Sudan war has displaced roughly 11.2 million people and has been characterised by ground attacks on civilians, indiscriminate aerial bombardment, extrajudicial killings, conflict-related sexual violence, and obstruction of humanitarian aid. We agree with the Prosecutor that the “absence of any meaningful justice for the serious crimes committed in Darfur twenty years ago, has sown the seeds for this latest cycle of violence and suffering”.
Nearly two decades since the Darfur situation was referred to the Court by the Security Council and the first arrest warrants were issued, only two cases have commenced and no final judgments have been issued. We welcome the new round of investigations announced by the Prosecutor but encourage the office to act with greater urgency in filing additional cases, particularly in relation to well-documented crimes in El Geneina in 2023 and in El Fasher over the past six months. In addition, the Prosecutor should examine the role of external actors in facilitating ongoing violence in Darfur.
We call upon States Parties to support these investigations through appropriate cooperation. This should include both public and financial support for ongoing investigations and redoubling efforts to enforce existing arrest warrants in the Darfur situation, including by exerting diplomatic pressure on Sudan.
Meanwhile, more than seven million people have been displaced in the Democratic Republic of the Congo, more than 6.5 million in the eastern provinces of North and South Kivu and Ituri. Amid ongoing fighting, the displaced are facing acute food insecurity. While we welcome the Prosecutor’s October 2024 statement that additional investigations would be undertaken, we highlight that the situation is urgent.
In addition, we would like to ask the Court and the ASP to prioritise the situation in Nigeria. The country has been suffering violence and insecurity for at least the last 15 years. Boko Haram has killed civilians, attacked schools, abducted women and children and forced them to fight or serve as sex slaves. The Nigerian military has also committed a range of violations including extrajudicial executions, enforced disappearances, torture, sexual violence and other violations. Despite these serious crimes, the situation in Nigeria remained under preliminary examination for ten years, with former Prosecutor Fatou Bensouda only initiating investigations in 2020. In the last four years, although the preliminary examination has been closed, no investigation has been opened. This lack of action leaves victims feeling abandoned and emboldens perpetrators. In addition, the lack of communication about the status of the case exacerbates the sense of neglect and leaves victims in limbo. On 2 December 2024, Amnesty International and Jire Dole Networks filed an application with the President of the Pre-Trial Division asking for a chamber to be designated to examine victims’ requests to compel the Prosecutor to seek authorisation to open an investigation. We hope that this provides incentive for the OTP to urgently clarify its position.
We thank you for your time and consideration of these matters.
Statement read by AWA’s leading expert Dr Owiso Owiso, at the ASP23 general debate
