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Madam President, I thank Ms. Fatou Bensouda, Prosecutor of the International Criminal Court (ICC), for her briefing today. We commend the Office of the Prosecutor of the ICC for its continuous efforts in fulfilling the mandate to investigate the crimes under the Rome Statute committed in Darfur. We often reiterate our concern about the situation in Darfur and the Council referrals to the Court. However, the ongoing security and humanitarian crisis in Darfur continues to be marked by a widespread violence, impunity and displacement.

As highlighted in the report of the Prosecutor, despite a decrease in the number of incidents, the situation in Darfur is not improving – restrictions of movement impact humanitarian assistance, civilians continue to be primary victims of indiscriminate aerial bombardments, intensification of alleged inter-tribal fighting causes an immense loss of life. Humanitarian aid workers and peacekeepers are subject to constant attacks. The widespread sexual and gender-based violence remains a horrible feature of this conflict.  All these violations and abuses of human rights and violations of international humanitarian law continue with absolute impunity.

As the Prosecutor stated in her report, there are numerous allegations of on-going crimes, which may fall under the jurisdiction of the Court.  We urge the Prosecutor’s office to continue to monitor closely various crimes allegedly committed in Darfur.

Madam President,

The semi-annual briefings by the Prosecutor have provided us with a consistent message. The ICC cannot achieve its mandate unless the Darfur suspects are arrested and transferred to The Hague. Five individuals accused of genocide, war crimes and crimes against humanity continue to evade the Court’s jurisdiction. Most of them even occupy the highest posts in the Government of Sudan.  We are deeply concerned that Sudan has still not taken any meaningful steps to apprehend those five individuals, and that other States in a position to do so, haven’t acted either.  Just last week the Security Council received another formal finding from the Court of non-cooperation against Sudan.

The latest decision of the Court on non-compliance against the Republic of Sudan is a serious reminder that the Security Council needs to follow-up on its referrals. To date, however, despite the efforts by many members of the Council, it has not been possible to reach an agreement on any follow-up mechanism.

The report of the Prosecutor reminds us as well that a lack of cooperation persists not only from the side of the Government of Sudan, but also from other States.  Regular travels by the indictee against whom the arrest warrant is in force once again show that all States, not only parties to the Rome Statute, should cooperate fully with the Court in order to strengthen international efforts to fight against impunity.  

Madam President,

The lack of cooperation also led to unfortunate recent development in the Al Bashir case when eight victims with participatory rights withdrew from the case and the Darfur situation generally due to the perceived lack of progress. This situation proves that victims cannot wait for justice forever. Despite the concern of this development, we call on the office of the Prosecutor to continue its support for the victims of the most serious crimes in Darfur.

Justice and accountability are integral parts of peace and reconciliation efforts. If left unaddressed, the lack of accountability encourages further and renewed human rights violations and abuses. The Security Council repeatedly calls on the Government of Sudan to ensure accountability and bring perpetrators to justice. The Government of Sudan should do more to end attacks against civilians, ensure accountability, and guarantee justice for the victims.

In conclusion, Madam President, as this is the last time that Lithuania has the opportunity to address the matter as a member of the Council, I would like to reiterate Lithuania’s full support to and cooperation with the Court. I also wish to underscore that the International Criminal Court is an institution born from a common understanding that injustice will be brought to light and that serious crimes must not go unpunished.

I thank you.