1 February 2005
A report by a United Nations-appointed commission of inquiry into whether genocide has occurred in Sudan's war-torn Darfur has established that the Government and Janjaweed militia are responsible for crimes under international law and recommends referring the dossier to the International Criminal Court (ICC), Secretary-General Kofi Annan said today.
While concluding that the Government of Sudan "has not pursued a policy of genocide," the report declared that "the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide," he said in a statement, calling on the Security Council to consider possible sanctions.
The five-person Commission found credible evidence that rebel forces, too, are responsible for serious violations which may amount to war crimes, including murder of civilians and pillage in the region where tens of thousands of people have been killed and as many as 1.85 million people are internally displaced or have fled to neighbouring Chad since rebel groups took up arms against Government forces in early 2003.
It found "that attacks on villages, killing of civilians, rape, pillaging and forced displacement have continued even while it was conducting its inquiry," Mr. Annan said in a statement, referring to the Government and Janjaweed.
"Its most important recommendation, to which I hope the Security Council will give immediate and very serious attention, is that 'action must be taken urgently to end these violations,'" he added, declaring that he believes sanctions should still be on the table.
The Commission concluded that while the Government had not pursued a policy of genocide, "in some instances individuals, including Government officials, may commit acts with genocidal intent" and only a competent court can decide, on a case-by-case basis, whether this was the case in Darfur, he said.
The Commission has given Mr. Annan a sealed file of names of people it believes responsible for serious violations, including crimes against humanity and war crimes. It recommends that this file be handed over to a competent prosecutor, and it strongly recommends that the Security Council immediately refer the situation of Darfur to the ICC.
"My own support for the ICC is well known," he said. "But this is a decision for the Security Council, not for me. What is vital is that these people are indeed held accountable. Such grave crimes cannot be committed with impunity. That would be a terrible betrayal of the victims, and of potential future victims in Darfur and elsewhere."
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