Sudan’s representative to the United Nations, Al-Harith Idris, informed the Security Council that the country will only agree to hand over individuals indicted by the International Criminal Court (ICC) after establishing a permanent legal framework, citing the ongoing political transition.
The ICC has indicted Sudan’s former president, Omar al-Bashir, and others, including his former aides and ex-rebel leader Abdullah Banda, for war crimes and crimes against humanity related to the Darfur conflict.
Idris emphasized Sudan’s cooperation with the ICC but argued that any action on handing over suspects requires a stable legal system, not a temporary one under the current political transition.
Sudan has signed a memorandum of understanding with the ICC to enable domestic investigations and facilitate suspect transfers. However, Idris stressed that permanent legal reforms to support this cooperation are still part of Sudan’s broader transitional justice process.
Legal Framework and Cooperation Challenges
Idris explained that the lack of a permanent legal framework hinders the country’s ability to fully cooperate. Sudan’s attorney general visited The Hague in December to engage with the ICC on this matter.
The ongoing conflict in Sudan complicates the process further, with some records being destroyed and others inaccessible due to damage to communication infrastructure. Idris specifically pointed to the destruction of records related to flights in 2003 at El Fasher airport and the impact of the conflict on other key data.
Sudan has invited the ICC prosecutor to visit in February to further discuss cooperation despite the challenges posed by the conflict.
Domestic Accountability Measures
Idris highlighted Sudan’s domestic efforts to address crimes committed during the conflict, including establishing a committee to investigate abuses by the Rapid Support Forces (RSF) and setting up a new system for reporting violations.
He stated that the RSF is largely responsible for atrocities in the region, including the genocide in West Darfur, and for the recruitment of mercenaries from 13 countries. He also noted that the RSF is implicated in a significant number of sexual violence crimes in the conflict.
Furthermore, Sudan’s legal system has initiated over 38,000 cases related to RSF abuses, with many individuals arrested and referred to court. Idris reaffirmed that the country’s commitment to justice would be aligned with the legal reforms underway.
In summary, Sudan insists that while cooperation with the ICC is ongoing, it must be based on a robust and permanent legal framework to ensure accountability and transparency in addressing war crimes and human rights violations.