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On the International Criminal curt (ICC)
(Recent Development)
45th session of the
Asian African Legal Consultative Organization (AALCO)
New Delhi, India 3rd - 8th April, 2006-04-12

With reference to the UN Security council Resolution No: 1593 referring the situation in Darfur to the International Criminal Court (ICC), the delegation would like to make the following statement:

1. The Sudan participated in almost all the drafting session of the Rome Statute establishing the (ICC) and is a signatory thereof.

2. Sudan, like the other 44 countries among which are USA and Russia, has not yet ratified the Rome Statute, and therefore, in accordance to the principles of International law, has not consented to be bound by it.

3. The Sudan Government, not being a party to the Rome Statute, strongly maintains that the (ICC) should abide by the Rome Statute and its Rules of Procedure, which clearly indicate that they apply only to the States which have ratified and thereby consented to be bound by them.

4. The Sudan has established under its national law three Special Criminal Courts and a Special Court of Appeal to try suspects of the crimes committed in the three states of Darfur, and has nominated three Prosecutors and a Special Prosecutor to investigate all crime and prosecute offenders thereto.

5. It is therefore, evident that Sudan Government is not only willing and able but is practically extending its national jurisdiction to the situation in Darfur, and that, in accordance with the internationally recognized principle of complementarily provided for in the Preamble and Article (1) of the Rome Statute, there are no international legal basis for the (ICC) to start investigative proceedings or assume any jurisdiction in Darfur.

6. The Prosecutor of the (ICC) has clearly stated in his recent address to the Security council that he had been conducting investigations in Darfur through and with the help of some NGPs and States. This amounts to a violation of Article (16) of the Rome Statute. Sudan will not recognize any violation of its sovereignty, judicial integrity or national jurisdiction by the (ICC).

7. All crimes in Darfur have either been or are still being investigated; some have been tried and others are still under trial by competent Sudanese judges. This proves that the Sudan Government is willing and able to carry out the investigations prosecutions and trials of al rimes committed in Darfur. Hence, these crimes shall not, under Article (1) (a) be admissible to the (ICC).

8. So many reconciliations have recently been reached between tribes in fights, which claimed hundreds of lives in Darfur; compensations and reparations were duly paid and co-existence between these tribes is well established now. Therefore, it shall not, in accordance with article 53 (1) (c), serve the interests of justice, to carry out any investigations by the (ICC) in such crimes.

9. Finally, the Sudan would like to re-affirm its commitment to cooperate fully with the entire International Community; and in this respect would like to confirm that it has ratified and is a party to all international instruments dealing with the International Humanitarian Law including the two additional Protocols to the 1949 Geneva Conventions and is bound by their provisions.

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