ICC Prosecutor Opens Darfur Investigation: Full Cooperation Is Needed

Human Rights First welcomes the decision of the Prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo, to begin an investigation into the situation in Darfur and calls on the Government of Sudan and all other parties to the conflict in the region to cooperate fully with the Prosecutor’s inquiry.

Human Rights First also urges other governments and intergovernmental organizations to share with the Prosecutor all information related to the serious crimes committed in Darfur and provide any necessary practical assistance.

The Prosecutor’s decision, announced on June 6, 2005, is his first official step regarding Darfur since the United Nations Security Council adopted on March 31, 2005 resolution 1593, which refers the situation in the region to the ICC.

By opening an investigation, the Prosecutor and his staff may now begin to collect and examine evidence as well as question suspects, victims and witnesses regarding the situation in Darfur. In addition, the Prosecutor has set the stage for lodging formal charges and applying for warrants of arrest.

The Prosecutor, in announcing his decision, has also made known his conclusion that the legal requirements for initiating an investigation have been satisfied. This means that the Prosecutor has found that the Sudanese authorities are unable or unwilling to carry out an investigation and prosecution.

Background

Since 2003, estimates indicate that more than two million people have fled their homes and nearly 400,000 people have died, largely as a result of a campaign of violence against civilians in Darfur by the Sudanese army and its proxy militia, the Janjaweed. Civilians have been victims of mass killings and rape, their villages have been burned, and they have been forced to flee for their lives.

In January 2005, the U.N.-appointed International Commission of Inquiry on Darfur found that crimes against humanity and war crimes have been committed in Darfur by the Government of Sudan and the Janjaweed militia forces. In addition, rebel forces opposed to the government were found to have committed war crimes in the region. The Commission also found that the Sudanese government had failed to demonstrate the ability or willingness to investigate and prosecute the grave crimes committed in Darfur. Based on these findings, the U.N. Security Council decided to refer the situation in Darfur to
the ICC.