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PGA’s vision is to contribute to the creation of a Rules-Based International Order for a more equitable, safe, sustainable and democratic world.

PGA Japan Strategy Meeting on the ICC and the Responsibility to Protect

Even if Sudan is not a State Party to the Rome Statute of the ICC, the referral adopted through Security Council Resolution 1593 is binding upon UN Member States, including Sudan, and establishes the jurisdiction to the ICC for the situation in Darfur.
Even if Sudan is not a State Party to the Rome Statute of the ICC, the referral adopted through Security Council Resolution 1593 is binding upon UN Member States, including Sudan, and establishes the jurisdiction to the ICC for the situation in Darfur.

May 14, 2008 | Tokyo, Japan

On March 31, 2005, on the basis of the findings of the International Commission of Inquiry on the violations of human rights and international humanitarian law in Darfur, the UN Security Council, acting under Chapter VII of the UN Charter as a measure to restore international peace and security, decided to refer to the International Criminal Court (ICC) the situation in Darfur.

Even if Sudan is not a State Party to the Rome Statute of the ICC, the referral adopted through Security Council Resolution 1593 is binding upon UN Member States, including Sudan, and establishes the jurisdiction to the ICC for the situation in Darfur. Justice for the alleged crimes perpetrated against civilian populations was recognized as an important element to bring peace to the devastated region.

The Prosecutor of the ICC, after a preliminary analysis, decided to open an investigation on the situation in Darfur, and as result of such investigation the ICC Pre-Trial Chamber issued two arrest warrants on 27 April 2006 against Mr. Ahmad Muhammad Harun, former Minister of State for the Interior (currently Minister for Humanitarian Affairs) of the  Sudan and Mr. Ali Muhammad Ali Abd Al Rahman, otherwise known as Ali Kushayb, a Janjaweed/militia leader. The arrest warrants include 51 charges of war crimes and crimes against humanity, including murder, torture and inhumane treatment, rape and sexual violence and pillaging.

Accountability for such crimes is the first step to stop future violations, deter violence and redress victims. Responsibility for heinous crimes can not be attributed until those responsible are held accountable. The indicted individuals are, of course, protected by the presumption of innocence (art. 66, Rome Statute) and all the rights of the accused under the Statute, which includes the right to defend themselves against the accusations leveled by the Prosecutor before a competent and impartial Court.

The government of Sudan , in violation to its obligations under the UN Charter and international law, has refused to cooperate with the ICC in the enforcement of such arrest warrants against the alleged perpetrators. Since the ICC does not accept trials in absentia, in refusing to execute the ICC arrest warrants, the government of Sudan has denied the indicted individuals the right to defend themselves, and has equally denied the right of victims to access to justice and other remedies.

Within the framework of the Campaign for the Rome Statute of the ICC, which is based on the principle that no one is above the law, PGA has joined the Justice for Darfur campaign, an initiative devoted to build the pressure of the world public opinion to bring about the arrest and surrender of the indicted persons, which is an action that must be carried by the government of Sudan of by the States in the territories of which the indicted persons may be found.

In addition to the support of the Justice for Darfur campaign, PGA members are mobilized at the national and multilateral levels to promote the cooperation of States with the Court.

PGA Actions for  Darfur
National Diet of  Japan

Following the Declaration of the Presidency of the EU on 31 March 2008 marking the 3rd Anniversary of the referral to the Darfur, PGA Executive Committee member Senator Tadashi Inuzuka - who had visited Darfur in August 2006 - launched an initiative to seek for an increased engagement of Japan in support of the ICC and of the efforts of the International Community to stop the cycle of violence and impunity in Darfur.

On 14 May 2008, PGA Japan Group adopted a resolution that calls on the government of Japan to be prepared to adopt targeted sanctions against the individuals bearing responsibility for the non-compliance of Sudan with Security Council Resolution 1593 as well as to adopt a principled position in the United Nations to support the forthcoming report of the ICC Prosecutor on Darfur.

The meeting in which the resolution was adopted was opened by the Speaker of the Senate of Japan, PGA Member Mr. Satsudi Eda, and saw the active input from high level MPs from majority and opposition, as well as the participation of representatives of the Japanese Foreign Ministry in charge of the Darfur dossiers and of representatives of the European Union and EU member States in Japan.

PGA Members, led by Mr. Jo Leinen, MEP (Germany), are contributing to the debate in the European Parliament concerning a new resolution on Justice for Darfur .

Upon the initiative of the Convenor of PGA's International Law and Human Rights Program, Sen. Marita Perceval of Argentina , PGA Members will be mobilized in various countries in all regions to the world to promote national actions in support of Justice for Darfur.