Dermot Ahern (Louth, Fianna Fail)

Bringing to justice those responsible for serious human rights violations is an essential element in restoring peace to Darfur. In October 2004, an international commission of inquiry was established by the UN Secretary General. Part of its mandate was to determine whether acts of genocide had occurred there. The commission's report was published on 25 January 2005. While stopping short of a finding of genocide against the Sudanese Government, the commission established that the government and the Janjaweed were responsible for serious violations of international human rights and humanitarian law amounting to crimes under international law, which might amount to crimes against humanity. The commission also found credible evidence that rebel forces were responsible for serious violations of international human rights and humanitarian law that might amount to war crimes.

The commission pointed out that its conclusion that no genocidal policy had been pursued and implemented in Darfur by the Sudanese Government should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. The commission also recognised that in some instances individuals, including government officials, may commit acts with genocidal intent. Whether this was the case in Darfur could only be determined by a competent court on a case by case basis.

The Security Council decided to refer the situation in Darfur since 1 July 2002 to the prosecutor of the International Court of Justice. The prosecutor decided to open an investigation into the situation in Darfur, which is still underway. In his June 2006 report to the Security Council, the prosecutor referred to allegations that some of the groups involved in the commission of crimes in Darfur did so with specific genocidal intent. He indicated that this issue remains the subject of investigation and that he would not draw any conclusions as to the character of the crimes pending the completion of a full and impartial investigation. The International Criminal Court is the most appropriate body to investigate and try those accused of the dreadful crimes which have occurred in Darfur. Until the prosecutor's investigation has been completed and his conclusions made known, I would not wish to express a view on whether genocide has taken place, or is still occurring, in Darfur.

The Government remains deeply concerned by the grave political and humanitarian crisis taking place in Darfur. We are using all avenues to work for a resolution of the major challenges that exist there. Both bilaterally and as part of the European Union, we have played an active role in the concerted international campaign to persuade the Sudanese Government to accept a UN force in Darfur. This force was mandated by the UN Security Council. In October, the General Affairs and External Relations Council reconfirmed its full support for the Security Council's decision and urged the Government of Sudan to give unambiguous consent to its implementation. It was emphasised that a UN operation is the only realistic option for a sustainable, long-term peacekeeping operation in Darfur.

In advance of the transition to a UN force, Ireland and the EU will continue to be involved in supporting the African Union's ceasefire monitoring force in Darfur, AMIS, so that its effectiveness can be maximized to the greatest extent possible.

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