Oireachtas Joint and Select Committees
Tuesday, 17 December 2013
Joint Oireachtas Committee on Foreign Affairs and Trade
Role and Functions: Discussion with International Criminal Court
10:50 am
Mrs. Fatou Bensouda:
Yes. Well, in respect of Sudan, it argues first that it is not part of the ICC and consequently will not co-operate. We argue, of course, that that does not matter because it is under the United Nations Charter. Sudan is a member of the United Nations and this referral came from the United Nations to the ICC. As I explained yesterday, it could have created another court to address the crimes, but under the ICC statute the UN can refer situations to the ICC and this is what it has chosen to do. Consequently, Sudan has the obligation under the United Nations Charter to co-operate with the ICC. However, it is not doing so and, as members are aware, the warrant against President al-Bashir still is outstanding and has not yet been executed.