STATEMENT BY H.E. MR. TSUNEO NISHIDA
PERMANENT REPRESENTATIVE OF JAPAN
TO THE UNITED NATIONS
PRIVATE MEETING ON SUDAN (ICC)
9 DECEMBER 2010
At the outset, I would like to thank Mr. Moreno-Ocampo, Prosecutor of the International Criminal Court (ICC), for his report on recent developments regarding the situation in Darfur.
As an active member of the Court, Japan values the Prosecutor’s efforts to implement resolution 1593 (2005), which Japan supported in the voting at the time of its adoption.
(Peace and Justice)
It is a fundamental principle that impunity must not be condoned in respect of any crime. The pursuit of justice is closely interlinked with that of durable peace, and the two goals must be pursued in parallel.
Japan respects the independence and the decisions of the ICC with regard to the Darfur cases emanating from resolution 1593 (2005), while hoping, at the same time, that the decisions will not affect the peace process in Darfur. The international community should tenaciously search for a way to realize peace and justice in parallel in Darfur. Japan also hopes that the decisions will not affect the ongoing efforts in implementation of the CPA, including the Southern Sudan referendum, and the negotiations concerning the post-CPA arrangements. The problem of Darfur is closely interlinked with the issue of the North-South relationship in Sudan. The international community thus should address the problem of Darfur in a more comprehensive manner.
(Efforts toward Peace in Sudan)
Japan welcomes the efforts of the Government of Sudan to engage in the peace process and its ownership as manifested in the New Darfur Strategy. In Doha, where the peace negotiations are under way, we encourage all parties to find room for mutual compromise in order that the Darfurian population may enjoy peace and security in their homeland. We are aware that a proposal to launch a Darfur Political Process (DPP) was made in the Sudan Consultative Meeting organized by the AU in November. Japan believes that the most important element in this regard is to secure the political will of all parties for continuation of the peace negotiations regardless of the venue. In this light, Japan continues to support the efforts of the mediator.
The role of UNAMID is significant from the point of view of ensuring security, promoting the rule of law and protecting human rights. Japan would like to reiterate its strong support for UNAMID under the leadership of Mr. Gambari. The attacks against and kidnappings of UNAMID staff and humanitarian workers deserve our unanimous condemnation. It is essential to bring the perpetrators to justice and put an end to impunity. We also continue to be concerned at the clashes in Darfur and the restriction of movement for UNAMID and humanitarian workers.
(Efforts for Justice in Sudan)
Although the country is not a State Party to the Rome Statute of the ICC, under Article 25 of the Charter of the United Nations, Sudan is obliged to accept and carry out the decisions of the Security Council. Resolution 1593 (2005) emphasizes the promotion of the rule of law, the protection of human rights and the fight against impunity, as well as the need to promote healing and reconciliation. We would like to urge the Government of Sudan and all other parties to the conflict in Darfur to address the issues of justice and peace in a manner consistent with resolution 1593 (2005) and the Presidential Statement of 16 June 2008 (S/PRST/2008/21), taking into account as well the Presidential Statement of 16 November 2010(S/PRST/2010/24). We encourage further cooperation between the Prosecutor and other relevant actors, in particular, the African Union (AU) High-Level Implementation Panel, chaired by former South African President Mbeki. It is not feasible for the ICC to address the totality of the crimes that may have been committed in Darfur, and efforts to fill this gap by prosecution, with the cooperation of the AU and the League of Arab States, are welcome. We hope that such efforts will serve to facilitate the ongoing grass-roots-level peace process.
(Cooperation with the ICC)
The ICC was established based on the strong will and firm belief of the international community that the most serious crimes of international concern must not go unpunished. The ICC can function effectively only if it is universally respected and if all States extend their full cooperation to the Court. Japan urges all States to cooperate with the ICC and to join hands in the effort to universalize the Rome Statute.
The Government of Japan continues to closely monitor the situation in Darfur and to make efforts to ensure that the Government of the Sudan and all other concerned parties cooperate fully with and provide assistance to the ICC, in accordance with resolution 1593 (2005). Japan is committed to seeking a way forward in close consultation with the concerned States and with international and regional partners including the AU, under the recognition that the international community must take a comprehensive approach in order to produce an inclusive and multilateral solution for the realization of peace and justice in Darfur.
Thank you, Madam President.