S/PV.6028
6028th meeting
Wednesday, 3 December 2008, 10 a.m.
New York
Reports of the Secretary-General on the Sudan
Mr. Ettalhi (Libyan Arab Jamahiriya) (spoke in Arabic): Once again, Sir, we would like to congratulation you on your assumption of the presidency of the Security Council for this month and to assure you of our full and constructive cooperation. We would also like to express our high appreciation to Mr. Jorge Urbina and his staff for their exemplary conduct of the Council’s work in November.
We thank Mr. Luis Moreno-Ocampo, Prosecutor of the International Criminal Court (ICC), for his briefing, although we have some criticisms of it. We believe that peace and justice are inseparable objectives and are necessary for the settlement of any conflict, whether in Darfur or elsewhere. We believe that judicial justice can be achieved only in an environment of security and political stability. The establishment of peace and stability is thus an objective prerequisite for upholding justice. We therefore always attempt to avoid any measures that could have a negative impact on efforts to the establish security and achieve a political settlement.
Regrettably, the recent step taken by the Prosecutor regarding an arrest warrant against the President of the Sudan, Mr. Omar Al-Bashir, raises legitimate questions and concerns. That step comes at an extremely sensitive time when the deployment of the hybrid force has begun and when further regional and international efforts are being made to move the political process ahead. This is precisely the time at which the Prosecutor has taken this step.
The report of the Prosecutor speaks of all the measures taken in accordance with the mandate accorded by resolution 1593 (2005). We hope that that mandate will be complied with objectively and professionally, in order to ensure justice, and with a comprehensive understanding of this extremely complicated subject.
Many claims and accusations have been made, foremost among which is the 14 July 2008 request that the ICC to issue an arrest warrant against the President of the Republic of the Sudan, Mr. Omar Hassan Al‑Bashir, within the context of accusations of crimes of genocide. This request was made in a manner that gave the impression that we are dealing with a Government whose sole concern is to obliterate its most important components, namely, its people and its social fabric.
Experience and a concern for justice have taught us that strong words — and here I am referring to resolution 1593 (2005) — are not conducive to finding solutions or to creating an environment of cooperation and assistance with the Government of the Sudan, as called for by both the resolution and the report before us. To the contrary, strong words endanger the growing cooperation between the Government of the Sudan and the African Union-United Nations Hybrid Operation in Darfur. All of us understand that, by its very nature, cooperation is a dynamic process that can only be successful through calm dialogue and mutual trust, however differently we may interpret the complementary nature of the jurisdiction of the International Criminal Court or the Sudan’s commitment to resolution 1593 (2005).
Although the report indicates that the Prosecutor has been actively involved with the United Nations, the African Union, the League of Arab States and other organizations, it does not address the apprehensions and concerns expressed by those bodies in many resolutions and statements with regard to the negative impact of the latest measure taken against the President of the Republic of the Sudan. For example, in its communiqué of 21 July 2008, the African Union Peace and Security Council expressed its conviction that,
“in view of the delicate nature of the process under way in the Sudan, approval by the Pre-Trial Chamber of the application by the ICC Prosecutor could seriously undermine the ongoing efforts aimed at facilitating the early resolution of the conflict in Darfur and the promotion of long-lasting peace and reconciliation in the Sudan as a whole and, as a result, may lead to further suffering for the people of the Sudan and greater destabilization with far-reaching consequences for the country and the region” (S/2008/481, annex, para. 9).
Should not all those considerations be taken into account by everyone who is truly concerned about ensuring justice and ending the humanitarian suffering in the region?
In the same communiqué, the African Union Peace and Security Council requested the United Nations Security Council, in accordance with article 16 of the Rome Statute, to defer the process initiated by the International Criminal Court. Undoubtedly, the motive of the African Union Peace and Security Council is to establish peace and end human suffering, which are prerequisites for ensuring justice.
In addition to that example and the position of the African Union, which is the main partner of the United Nations in the Hybrid Operation in Darfur, other regional organizations such as the Organization of the Islamic Conference and the League of Arab States have expressed similar positions in statements and decisions that they have adopted. We therefore call on the international community, as represented in the Security Council, to take the initiative to respond to the concerns expressed and requests made by those organizations stemming from their interest in maintaining international peace and security.
We have recently seen great momentum in the Sudan in favour of establishing peace in Darfur. Decisions have been taken by the Sudan People’s Initiative, with the participation of all political entities and stakeholders in Darfur and the Sudan. These decisions have been widely welcomed at the national, regional and international levels and have engendered hope for the chances of achieving peace in Darfur. Ensuring justice and combating impunity have been at the centre of those recommendations and decisions.
In conclusion, Libya would like to reiterate its strong commitment to the principles of peace and justice and to not permitting impunity. We should also like to express our ongoing readiness to take part in every effort aimed at establishing peace and ensuring justice in Darfur. We call upon the international community, the African Union and the Arab League to pursue their joint efforts to find a resolution to that bloody conflict, so as to create the conditions necessary to ensure justice.
