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STATEMENT BY LITHUANIA AT THE UN SECURITY COUNCIL BRIEFING ON ICC/SUDAN

Mr. President, I would like to start by thanking Ms Fatou Bensouda, Prosecutor of the International Criminal Court for her briefing and for presenting the nineteenth report to the Security Council on the situation in Darfur. We thank the Prosecutor for her updates on the preparations for the trial of Abdallah Banda. My delegation hopes that the trial will go forward and that it will become a milestone in providing justice to the many victims in Sudan.

Both the report and the briefing by the Prosecutor show that the overall situation in Darfur has not improved since she last addressed the Council in November. On the contrary, over the past six month the situation in Darfur has continued to deteriorate. Clashes between the Government and the rebels continue. Civilians are affected by indiscriminate and disproportionate attacks. Approximately 250 000 people have been newly displaced, including due to attacks on villages and IDP camps carried out by the Sudanese-Government supported Rapid Support Forces (RSF). This number is higher than the combined number of people displaced in 2011 and 2012. Humanitarian aid workers and peacekeepers are subject to attacks throughout Darfur. The delivery of humanitarian assistance continues to be hindered.

The report notes the persistence of sexual and gender-based violence in Darfur. We strongly condemn these horrendous crimes and call for the strongest possible measures against their perpetrators. It is imperative to put an end to the culture of impunity that allows sexual and gender-based crimes to continue unabated. Investigation into such cases should be made a priority. All perpetrators of these and other serious crimes of concern must be brought to account.

The Government of Sudan should do more to end attacks against civilians, fight impunity, ensure accountability, and guarantee justice for the victims. Prevailing impunity goes hand in hand with continued violence and insecurity. Justice must be made the cornerstone of a lasting and sustainable peace agreement in Darfur.

Mr. President,

The report before us contains multiple reminders of the challenges the Prosecutor’s Office is facing in fulfilling its mandate. Resolution 1593 (2005) is yet to be implemented. Ten years and countless victims since the beginning of the conflict in Darfur, four senior officials accused of war crimes, crimes against humanity and, one of them of genocide, are yet to be held to account.

We call on the Government of Sudan to meet its obligations and to cooperate with the ICC, including on the enforcement of the arrest warrants issued by the Court. We also call on all states-parties to the Rome Statute, and all relevant regional and international organizations to cooperate fully with the ICC as required by Security Council Resolution 1593 (2005).

While welcoming the guidelines issued by the Secretary General last year concerning non-essential contacts on the part of the members of the Secretariat with individuals subject to the ICC arrest warrants, we share the concerns expressed by the Prosecutor regarding high level contacts with individuals under the ICC arrest warrants.

My final point is on what Council can do to assist the Court. One obvious step would be to list individuals under the ICC arrest warrants on the Sudan Sanctions Committee. Another would be  strengthening cooperation between the Council and the ICC, including by ensuring an effective follow-up of the cases referred to the ICC and also by answering the correspondence that the Court has addressed to the Council  on cases of non-cooperation.  As a matter of fact, in a presidential statement on the protection of civilians last year the Council members committed to carrying out effective follow-up. Despite related efforts, however, there has been no agreement on a mechanism to follow up the referrals to the ICC. 

In conclusion, I would like to reiterate Lithuania’s full support to and cooperation with the Prosecutor of the International Criminal Court in carrying out her important mandate. I thank you Mr. President.