In Key Shift, UNSC Draft on Syria ICC Referral Expresses Commitment to Follow Up

ICC-PHOTO
May 21, 2014 – In the two situations that the Security Council has referred to the International Criminal Court – Darfur and Libya – not a single person wanted by the Court has ended up in The Hague.

Current prosecutor Fatima Bensouda expressed her frustration at the Council’s lack of support for her office when she presented her 18th report on Darfur in December last year: “Inaction and paralysis within the Council has not only prolonged the suffering of Darfur’s victims, but has bolstered Mr Al-Bashir’s resolve to ignore this Council.”

The Council appears to have taken note and unlike resolutions 1593 on Darfur (2005) and 1970 on Libya (2011), the draft text that would refer the situation in Syria to the ICC includes a support clause with operative paragraph 5 stating that the Council “expresses its commitment to an effective follow up of the present resolution.”

The follow up that the prosecutor’s office wants most is concrete action to enforce its arrest warrants. Sudan’s Bashir has travelled to more than a dozen countries since his warrant for arrest was issued including most recently to the Democratic Republic of Congo which is a state party to the Rome Statute.

While the draft Syria resolution looks set to fail by way of a Russian veto, the shift in language will be taken note of in The Hague.

– Denis Fitzgerald
On Twitter @denisfitz