ICC Deputy Prosecutor’s Statement to the UNSC… Possible Major Shift

Sudanhorizon- By Mohamed Osman Adam

Anyone who follows the briefings that the International Criminal Court (ICC) has been providing to the UN Security Council, in accordance with the requirements of Resolution 1593 and its amendments, in which the Security Council referred the situation in Darfur to the ICC, adopted on March 31, 2005, which obliges the government of Sudan to fully cooperate with the IC C, finds that the most recent briefing, that of Thursday, has taken a direction and language that, had Sudan spent what is in it power, would not have been able to get the Court to adopt, as if it were speaking on behalf of Sudan, not in opposition to it.

The approach adopted by the ICC Prosecutor since the referral twenty years ago has been blatantly hostile and offensive.

In Ms. Shamim Khan’s statement and briefing, the prosecution left no stone unturned in pinning the actions of the rebel Rapid Support Forces (RSF). The Deputy Prosecutor did not hesitate to almost refer to the RSF by name and title, a rare occurrence in the statements of the Court’s Prosecutors since Moreno-Ocampo, Fatou Bensouda, and Karim Asad Ahmad Khan.

The Deputy Prosecutor of the International Criminal Court, Nazhat Shameem Khan, who is no relation to Mr. Karim Khan, briefed the United Nations Security Council in New York on the situation in Darfur, Sudan, on July 10, 2025, on the situation in Darfur, Sudan, and in more than one paragraph, praised the Sudanese government with complements one would only expect from the Sudan’s ambassador Al-Harith Idris. It is therefore surprising that Sudan’s national and particularly the main stream media, addressed the speech in a hesitant manner, as it fears that it would be offend by the fact that the statement has cited the names of three former officials whom the Court is seeking to bring to trial on charges and lawsuits dating back to 2002.

At the outset, Shameem Khan commended the Permanent Representative of Sudan to the United Nations and thanked him for attending the session and expressed her pleasure at holding a constructive and cooperative meeting with him just prior before the briefing. You judge a book by its cover!!, if they only paid attention to that.

If you remove the paragraph in which the ICC statement spoke about Haroun, Abdel Rahim Hussein, and Omar al-Bashir, you could have attributed the entire speech to Al-Harith. Look at the opening, for example: “Mr. President, Excellencies, we meet at a time when it may be difficult to find the right words to describe the depth of the suffering in Darfur. The humanitarian situation has reached an unbearable state.” This is only slightly similar to what Al-Harith said in his speech.

And look at this paragraph, as if it were also written by Al-Harith: “Hospitals, humanitarian convoys, and other civilian targets appear to be targeted. Famine is worsening, and humanitarian aid is not reaching those most in need. People are being deprived of water and food. Rape and sexual violence are being used as weapons. Kidnappings for ransom or to bolster the ranks of armed groups have become commonplace. However, we should not be under any illusions; things may get worse.” We can add to this also, “Our Office’s position is clear: We have reasonable grounds to believe that war crimes and crimes against humanity have been and continue to be committed in Darfur.” The ICC now has more engagement and enhanced cooperation with Sudanese government authorities, including a recent deployment to Port Sudan, which has led to the acquisition of additional evidence and the identification of key witnesses related to the atrocities.

Building on these efforts, and based on the more than 7,000 pieces of evidence collected to date, the Office of the Prosecutor continues to focus on setting concrete milestones in response to the legitimate and inspiring calls for justice raised by victims and survivors.

I want to be clear to those on the ground in Darfur now, and to those committing unimaginable atrocities against its people: they may feel impunity at this moment, as Ali Kushayb did in the past, but we are working hard to ensure that Ali Kushayb’s trial is only the first of many related to this situation at the ICC.”

She adds, “We also have a duty of confidentiality to the Court.” I cannot share more details about the nature of our progress or the specific outcomes we hope to achieve. I can only assure you that the progress we have made is tangible, positive, and significant.”

From this paragraph to the end of her speech, Ms. Khan attacked the Rapid Support Forces and their allies with such intensity that one would expect her to have said this because she was in possession of resolutions that showed the Rapid Support Forces’ sponsors and supporters have sold them altogether, therefore severing their political future in Sudan.

Khan emphasized that their investigations will not be complete until the lived reality of Darfur’s women is heard and documented before the court today. “We are paying close attention to gender-based crimes, which requires sensitivity in gathering evidence from victims and survivors, and a clear understanding of the intersectionality of discrimination that led to these crimes.”

And consider what she says about the crimes in which the Rapid Support Forces are accused: “There is an inevitable pattern of abuse and targeting of gender and ethnicity through rape and sexual violence, which must be translated into evidence that will be presented to the court—and indeed to the world. Our Office is giving particular priority to these alleged crimes, as we continue to focus on our investigative work.”

She then called on all partners of the Court and the Security Council to work more closely together to ensure that there are no gaps in the efforts to hold perpetrators of gender-based crimes accountable for their crimes.

She commended the Government of Sudan, saying, “Mr. President, Excellencies, I am also pleased to inform you of further reasons for continued optimism regarding the cooperation of the Government of Sudan.” She noted that during the current reporting period, her Office had conducted further meetings with Government of Sudan authorities, notably through a visit to Port Sudan facilitated by the Government of Sudan, which enabled the identification and communication of additional potential witnesses. A further visit is planned for the coming period.

In recognition of the Government of Sudan’s cooperation, the Deputy Prosecutor said, “I would like to commend the efforts made, in particular, by the Committee established by the Government of Sudan to cooperate with the Office of the Prosecutor. This has had a tangible positive impact on our cooperation. We look forward to strengthening and expanding this cooperation over the next six months, in line with the provisions of resolution 1593.” She also noted that she looks forward to continuing constructive discussions with the Government of Sudan on all matters of cooperation.

In this speech, the phrase “the authorities in Port Sudan” disappeared.
If you remove the following paragraph, “I would like to make clear a key priority in this regard: we must work together diligently and with focus to secure the arrest of the individuals subject to ICC arrest warrants and currently in Sudan: Omar Hassan Ahmad Al-Bashir, Ahmed Harun, and Abdel Rahim Mohammed Hussein.” The statement would now be that of Al Harith’s, no doubt!!!

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