Taking note of the report of the International Commission of Inquiry on violations of international humanitarian law and human rights law in Darfur (S/2005/60),

Recalling article 16 of the Rome Statute under which no investigation or prosecution may be commenced or proceeded with by the International Criminal Court for a period of 12 months after a Security Council request to that effect, 

Also recalling articles 75 and 79 of the Rome Statute and encouraging States to contribute to the ICC Trust Fund for Victims, 

Taking note of the existence of agreements referred to in Article 98-2 of the Rome Statute, 

Determining that the situation in Sudan continues to constitute a threat to international peace and security, 

Acting under Chapter VII of the Charter of the United Nations, 

1. Decides to refer the situation in Darfur since 1 July 2002 to the Prosecutor of the International Criminal Court; 

2. Decides that the Government of Sudan and all other parties to the conflict in Darfur, shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to this resolution and, while recognizing that States not party to the Rome Statute have no obligation under the Statute, urges all States and concerned regional and other international organizations to cooperate fully; 

3. Invites the Court and the African Union to discuss practical arrangements that will facilitate the work of the Prosecutor and of the Court, including the possibility of conducting proceedings in the region, which would contribute to regional efforts in the fight against impunity; 

4. Also encourages the Court, as appropriate and in accordance with the Rome Statute, to support international cooperation with domestic efforts to promote the rule of law, protect human rights and combat impunity in Darfur; 

5. Also emphasizes the need to promote healing and reconciliation and encourages in this respect the creation of institutions, involving all sectors of Sudanese society, such as truth and/or reconciliation commissions, in order to complement judicial processes and thereby reinforce the efforts to restore long-lasting peace, with African Union and international support as necessary; 

6. Decides that nationals, current or former officials or personnel from a contributing State outside Sudan which is not a party to the Rome Statute of the International Criminal Court shall be subject to the exclusive jurisdiction of that contributing State for all alleged acts or omissions arising out of or related to operations in Sudan established or authorized by the Council or the African Union, unless such exclusive jurisdiction has been expressly waived by that contributing State; 

7. Recognizes that none of the expenses incurred in connection with the referral including expenses related to investigations or prosecutions in connection with that referral, shall be borne by the United Nations and that such costs shall be borne by the parties to the Rome Statute and those States that wish to contribute voluntarily; 

8. Invites the Prosecutor to address the Council within three months of the date of adoption of this resolution and every six months thereafter on actions taken pursuant to this resolution; 

9. Decides to remain seized of the matter. 
 

Recalling its resolutions 1547 (2004) of 11 June 2004, 1556 (2004) of 30 July 2004, 1564 (2004) of 18 September 2004, 1574 (2004) of 19 November 2004, 1585 (2005) of 10 March 2005, 1588 (2005) of 17 March 2005, and 1590 of 24 March 2005, and statements of its President concerning Sudan, 

Reaffirming its commitment to the sovereignty, unity, independence and territorial integrity of Sudan, and recalling the importance of the principles of good neighbourliness, non-interference and regional cooperation, 

Recalling the commitments made by the parties in the 8 April N’djamena Ceasefire Agreement and the 9 November 2004 Abuja Humanitarian and Security Protocols between the Government of Sudan, the Sudan Liberation Movement/Army (SLM/A) and the Justice and Equality Movement (JEM), and recalling the commitments made in the Joint Communique of 3 July 2004 between the Government of Sudan and the Secretary-General, 

Welcoming the signing of the Comprehensive Peace Agreement between the Government of Sudan (GOS) and the Sudan People’s Liberation Movement/Army (SPLM/A) in Nairobi, Kenya on 9 January 2005, 

Recognizing that the parties to the Comprehensive Peace Agreement must build on the Agreement to bring peace and stability to the entire country, and calling on all Sudanese parties, in particular those party to the Comprehensive Peace Agreement, to take immediate steps to achieve a peaceful settlement to the conflict in Darfur and to take all necessary action to prevent further violations of human rights and international humanitarian law and to put an end to impunity, including in the Darfur region, 

Expressing its utmost concern over the dire consequences of the prolonged conflict for the civilian population in the Darfur region as well as throughout Sudan, in particular the increase in the number of refugees and internally displaced persons, 

Considering that the voluntary and sustainable return of refugees and internally displaced persons will be a critical factor for the consolidation of the peace process,

Expressing also its deep concern for the security of humanitarian workers and their access to populations in need, including refugees, internally displaced persons and other war-affected populations, 

Condemning the continued violations of the N’djamena Ceasefire Agreement of 8 April 2004 and the Abuja Protocols of 9 November 2004 by all sides in Darfur and the deterioration of the security situation and negative impact this has had on humanitarian assistance efforts, 

Strongly condemning all violations of human rights and international humanitarian law in the Darfur region, in particular the continuation of violence against civilians and sexual violence against women and girls since the adoption of resolution 1574 (2004), urging all parties to take necessary steps to prevent further violations, and expressing its determination to ensure that those responsible for all such violations are identified and brought to justice without delay, 

Recognizing that international support for implementation of the Comprehensive Peace Agreement is critically important to its success, emphasizing that progress towards resolution of the conflict in Darfur would create conditions conducive for delivery of such assistance, and alarmed that the violence in Darfur nonetheless continues, 

Recalling the demands, in resolutions 1556 (2004), 1564 (2004), and 1574 (2004), that all parties to the conflict in Darfur refrain from any violence against civilians and cooperate fully with the African Union Mission in Darfur, 

Welcoming the 16 February 2005 N’djamena Summit on Darfur and the continued commitment of the African Union to play a key role in facilitating a resolution to the conflict in Darfur in all respects, and the announcement by the Government of Sudan on 16 February 2005 that it would take immediate steps, including withdrawal of its forces from Labado, Qarifa, and Marla in Darfur, and the withdrawal of its Antonov aircraft from Darfur, 

Commending the efforts of the African Union, in particular its Chairman, acknowledging the progress made by the African Union in the deployment of an international protection force, police, and military observers, and calling on all member states to contribute generously and urgently to the African Union Mission in Darfur, 

Reaffirming its resolutions 1325 (2000) on women, peace, and security, 1379 (2001) and 1460 (2003) on children in armed conflicts, as well as resolutions 1265 (1999) and 1296 (2000) on the protection of civilians in armed conflicts and resolution 1502 (2003) on the protection of humanitarian and UN personnel, 

Taking note of the Secretary-General’s reports of 31 January 2005 (S/2005/57 and Add.1), 3 December 2004 (S/2004/947), 4 February 2005 (S/2005/68), and 4 March 2005 (S/2005/140), as well as the report of 25 January 2005 of the International Commission of Inquiry (S/2005/60), 

Determining that the situation in Sudan continues to constitute a threat to international peace and security, 

Acting under Chapter VII of the Charter of the United Nations, 

1. Deplores strongly that the Government of Sudan and rebel forces and all other armed groups in Darfur have failed to comply fully with their commitments and the demands of the Council referred to in resolutions 1556 (2004), 1564 (2004), and 1574 (2004), condemns the continued violations of the 8 April 2004 N’djamena Ceasefire Agreement and the 9 November 2004 Abuja Protocols, including air strikes by the Government of Sudan in December 2004 and January 2005 and rebel attacks on Darfur villages in January 2005, and the failure of the Government of Sudan to disarm Janjaweed militiamen and apprehend and bring to justice Janajaweed leaders and their associates who have carried out human rights and international humanitarian law violations and other atrocities, and demands that all parties take immediate steps to fulfil all their commitments to respect the N’djamena Ceasefire Agreement and the Abuja Protocols, including notification of force positions, to facilitate humanitarian assistance, and to cooperate fully with the African Union Mission; 

2. Emphasizes that there can be no military solution to the conflict in Darfur, and calls upon the Government of Sudan and the rebel groups, particularly the Justice and Equality Movement and the Sudanese Liberation Movement/Army to resume the Abuja talks rapidly without preconditions and negotiate in good faith to speedily reach agreement, and urges the parties to the Comprehensive Peace Agreement to play an active and constructive role in support of the Abuja talks and take immediate steps to support a peaceful settlement to the conflict in Darfur; 

3. Decides, in light of the failure of all parties to the conflict in Darfur to fulfil their commitments, 

(a) to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council (herein “the Committee”), to undertake to following tasks: 

i. to monitor implementation of the measures referred to in subparagraphs (d) and (e) of this paragraph and paragraphs 7 and 8 of resolution 1556 (2004), and paragraph 7 below; 

ii. to designate those individuals subject to the measures imposed by subparagraphs (d) and (e) of this paragraph and to consider requests for exemptions in accordance with subparagraphs (f) and (g); 

iii. to establish such guidelines as may be necessary to facilitate the implementation of the measures imposed by subparagraphs (d) and (e); 

iv. to report at least every 90 days to the Security Council on its work; 

v. to consider requests from and, as appropriate, provide prior approval to the Government of Sudan for the movement of military equipment and supplies into the Darfur region in accordance with paragraph 7 below; 

vi. to assess reports from the Panel of Experts established under subparagraph (b) of this paragraph, and Member States, in particular those in the region, on specific steps they are taking to implement the measures imposed by subparagraphs (d) and (e) and paragraph 7 below; 

vii. to encourage a dialogue between the Committee and interested Member States, in particular those in the region, including by inviting representatives of such States to meet with the Committee to discuss implementation of the measures; 

(b) to request the Secretary-General, in consultation with the Committee, to appoint for a period of six months, within 30 days of adoption of this resolution, a Panel of Experts comprised of four members and based in Addis Ababa, Ethiopia, to travel regularly to El-Fasher, Sudan and other locations in Sudan, and to operate under the direction of the Committee to undertake the following tasks: 

i. to assist the Committee in monitoring implementation of the measures in subparagraphs (d) and (e), paragraphs 7 and 8 of resolution 1556 (2004), and paragraph 7 of this resolution, and to make recommendations to the Committee on actions the Council may want to consider; 

ii. to provide a mid-term briefing on its work to the Committee, and an interim report no later than 90 days after adoption of this resolution, and a final report no later than 30 days prior to termination of its mandate to the Council through the Committee with its findings and recommendations; and 

iii. to coordinate its activities as appropriate with ongoing operations of the African Union Mission in Sudan (AMIS); 

(c) that those individuals, as designated by the Committee established by subparagraph (a) above, based on the information provided by Member States, the Secretary-General, the High Commissioner for Human Rights or the Panel of Experts established under subparagraph (b) of this paragraph above, and other relevant sources, who impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities, violate the measures implemented by Member States in accordance with paragraphs 7 and 8 of resolution 1556 (2004) and paragraph 7 of this resolution as implemented by a state, or are responsible for offensive military overflights described in paragraph 6 of this resolution, shall be subject to the measures identified in subparagraphs (d) and (e) below; 

(d) that all States shall take the necessary measures to prevent entry into or transit through their territories of all persons as designated by the Committee pursuant to subparagraph (c) above, provided that nothing in this paragraph shall obligate a State to refuse entry into its territory to its own nationals; 

(e) that all States shall freeze all funds, financial assets and economic resources that are on their territories on the date of adoption of this resolution or at any time thereafter, that are owned or controlled, directly or indirectly, by the persons designated by the Committee pursuant to subparagraph (c) above, or that are held by entities owned or controlled, directly or indirectly, by such persons or by persons acting on their behalf or at their direction, and decides further that all States shall ensure that no funds, financial assets or economic resources are made available by their nationals or by any persons within their territories to or for the benefit of such persons or entities; 
(f) that the measures imposed by subparagraph (d) above shall not apply where the Committee established by subparagraph (a) above determines on a case by case basis that such travel is justified on the ground of humanitarian need, including religious obligation, or where the Committee concludes that an exemption would otherwise further the objectives of the Council’s resolutions for the creation of peace and stability in Sudan and the region; 

(g) that the measures imposed by subparagraph (e) of this resolution do not apply to funds, other financial assets and economic resources that: 

i. have been determined by relevant States to be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges or for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, or fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant States to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets and economic resources and in the absence of a negative decision by the Committee within two working days of such notification; 

ii. have been determined by relevant States to be necessary for extraordinary expenses, provided that such determination has been notified by the relevant States to the Committee and has been approved by the Committee, or 

iii. have been determined by relevant States to be the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds, or other financial assets and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered prior to the date of the present resolution, is not for the benefit of a person or entity designated by the Committee, and has been notified by the relevant States to the Committee; 

4. Decides that the measures referred to in subparagraphs 3 (d) and (e) shall enter into force 30 days from the date of adoption of this resolution, unless the Security Council determines before then that the parties to the conflict in Darfur have complied with all the commitments and demands referred to in paragraph 1 above and paragraph 6 below;

5. Expresses its readiness to consider the modification or termination of the measures under paragraph 3, on the recommendation of the Committee or at the end of a period of 12 months from the date of adoption of this resolution, or earlier if the Security Council determines before then that the parties to the conflict in Darfur have complied with all the commitments and demands referred to in paragraph 1 above and paragraph 6 below; 

6. Demands that the Government of Sudan, in accordance with its commitments under the 8 April 2004 N’djamena Ceasefire Agreement and the 9 November 2004 Abuja Security Protocol, immediately cease conducting offensive military flights in and over the Darfur region, and invites the African Union Ceasefire Commission to share pertinent information as appropriate in this regard with the Secretary-General, the Committee, or the Panel of Experts established under paragraph 3 (b); 

7. Reaffirms the measures imposed by paragraphs 7 and 8 of resolution 1556 (2004), and decides that these measures shall immediately upon adoption of this resolution, also apply to all the parties to the N’djamena Ceasefire Agreement and any other belligerents in the states of North Darfur, South Darfur and West Darfur; decides that these measures shall not apply to the supplies and related technical training and assistance listed in paragraph 9 of resolution 1556 (2004); decides that these measures shall not apply with respect to assistance and supplies provided in support of implementation of the Comprehensive Peace Agreement; further decides that these measures shall not apply to movements of military equipment and supplies into the Darfur region that are approved in advance by the Committee established under paragraph 3 (a) upon a request by the Government of Sudan; and invites the African Union Ceasefire Commission to share pertinent information as appropriate in this regard with the Secretary-General, the Committee, or the Panel of Experts established under paragraph 3 (b);

8. Reiterates that, in the event the parties fail to fulfil their commitments and demands as outlined in paragraphs 1 and 6, and the situation in Darfur continues to deteriorate, the Council will consider further measures as provided for in Article 41 of the Charter of the United Nations; 

9. Decides to remain seized of the matter. 

Recalling its resolutions 1547 (2004) of 11 June 2004, 1556 (2004) of 30 July 2004, 1564 (2004) of 18 September 2004, and 1574 (2004) of 19 November 2004, 1585 of 10 March 2005 and 1588 (2005) of 17 March 2005, and statements of its President concerning Sudan, 

Reaffirming its commitment to the sovereignty, unity, independence and territorial integrity of Sudan, and recalling the importance of the principles of good neighbourliness, non-interference and regional cooperation, 

Welcoming the signing of the Comprehensive Peace Agreement between the Government of Sudan (GOS) and the Sudan People’s Liberation Movement/Army (SPLM/A) in Nairobi, Kenya on 9 January 2005, 

Recalling the commitments made by the parties in the 8 April N’djamena Ceasefire Agreement and the 9 November 2004 Abuja Humanitarian and Security Protocols between the Government of Sudan, the Sudan People’s Liberation Movement/Army (SPLM/A) and the Justice and Equality Movement (JEM), and recalling the commitments made in the Joint Communiqué of 3 July 2004 between the Government of Sudan and the Secretary-General, 

Expressing its determination to help the people of Sudan to promote national reconciliation, lasting peace and stability, and to build a prosperous and united Sudan in which human rights are respected, the protection of all citizens assured, 

Taking note of the statements of Vice-President Ali Osman Taha of the Government of Sudan and Chairman Garang of the SPLM/A at the meeting of the Council on 8 February 2005, and the strong will and determination they expressed to find a peaceful resolution to the conflict in Darfur as expressed at the meeting, 

Recognizing that the parties to the Comprehensive Peace Agreement must build on the Agreement to bring peace and stability to the entire country, and calling on all Sudanese parties in particular those party to the Comprehensive Peace Agreement, to take immediate steps to achieve a peaceful settlement to the conflict in Darfur and to take all necessary action to prevent further violations of human rights and international humanitarian law and to put an end to impunity, including in the Darfur region, 

Expressing its utmost concern over the dire consequences of the prolonged conflict for the civilian population in the Darfur region as well as throughout Sudan, in particular the increase in the number of refugees and internally displaced persons, 

Considering that the voluntary and sustainable return of refugees and internally displaced persons will be a critical factor for the consolidation of the peace process, 

Expressing also its deep concern for the security of humanitarian workers and their access to populations in need, including refugees, internally displaced persons and other war-affected populations, 

Condemning the continued violations of the N’djamena Ceasefire Agreement of 8 April 2004 and the Abuja Protocols of 9 November 2004 by all sides in Darfur and the deterioration of the security situation and the negative impact this has had on humanitarian assistance efforts, 

Strongly condemning all violations of human rights and international humanitarian law in the Darfur region, in particular the continuation of violence against civilians and sexual violence against women and girls since the adoption of resolution 1574 (2004), urging all parties to take necessary steps to prevent further violations, and expressing its determination to ensure that those responsible for all such violations are identified and brought to justice without delay, 

Recalling the demands in resolutions 1556 (2004), 1564 (2004), and 1574 (2004), that all parties to the conflict in Darfur refrain from any violence against civilians and cooperate fully with the African Union Mission in Darfur, 

Commending the efforts of the African Union, in particular its Chairman, acknowledging the progress made by the African Union in the deployment of an international protection force, police, and military observers, and calling on all member States to contribute generously and urgently to the African Union Mission in Darfur, 

Commending also the efforts of the Intergovernmental Authority for Development (IGAD), in particular the Government of Kenya as Chair of the Subcommittee on Sudan, 

Reaffirming its resolutions 1325 (2000) on women, peace, and security, 1379 (2001) and 1460 (2003) on children in armed conflicts, as well as resolutions 1265 (1999) and 1296 (2000) on the protection of civilians in armed conflicts and resolution 1502 (2003) on the protection of humanitarian and United Nations personnel, 

Welcoming the efforts by the United Nations to sensitize United Nations personnel in the prevention and control of HIV/AIDS and other communicable diseases in all its established operations, 

Expressing grave concern at the allegations of sexual exploitation and misconduct by United Nations personnel in United Nations established operations, and welcoming the Secretary-General’s 9 February 2005 letter to the Council in this regard, affirming there will be a zero-tolerance p

Recognizing that international support for implementation of the Comprehensive Peace Agreement is critically important to its success, emphasizing that progress towards resolution of the conflict in Darfur would create conditions conducive for delivery of such assistance, and alarmed that the violence in Darfur nonetheless continues, 

Taking note of the Secretary-General’s reports of 31 January 2005 (S/2005/57 and Add.1), 4 February 2005 (S/2005/68), and 4 March 2005 (S/2005/140) as well as the report of 25 January 2005 of the International Commission of Inquiry (S/2005/60), 

Taking note of the request of the parties to the Comprehensive Peace Agreement for the establishment of a peace support mission, 

Expressing appreciation for the important contributions of the Standby High Readiness Brigade (Shirbrig) towards the planning, preparation, and initial deployment of a peacekeeping operation, as well as the preparatory work by the United Nations Advance Mission in Sudan, 

Determining that the situation in Sudan continues to constitute a threat to international peace and security, 
Decides to establish the United Nations Mission in Sudan (UNMIS) for an initial period of 6 months and further decides that UNMIS will consist of up to 10,000 military personnel and an appropriate civilian component including up to 715 civilian police personnel; 
2. Requests that UNMIS closely and continuously liaise and coordinate at all levels with the African Union Mission in Sudan (AMIS) with a view towards expeditiously reinforcing the effort to foster peace in Darfur, especially with regard to the Abuja peace process and the African Union Mission in Sudan; 

Requests the Secretary-General, through his Special Representative for Sudan, to coordinate all the activities of the United Nations system in Sudan, to mobilize resources and support from the international community for both immediate assistance and the long-term economic development of Sudan, and to facilitate coordination with other international actors, in particular the African Union and IGAD, of activities in support of the transitional process established by the Comprehensive Peace Agreement, and to provide good offices and political support for the efforts to resolve all ongoing conflicts in Sudan; 
Decides that the mandate of UNMIS shall be the following: 

To support implementation of the Comprehensive Peace Agreement by performing the following tasks: 
To monitor and verify the implementation of the Ceasefire Agreement and to investigate violations; 

(ii) To liaise with bilateral donors on the formation of Joint Integrated Units; 

(iii) To observe and monitor movement of armed groups and redeployment of forces in the areas of UNMIS deployment in accordance with the Ceasefire Agreement;

(iv) To assist in the establishment of the disarmament, demobilization and reintegration programme as called for in the Comprehensive Peace Agreement, with particular attention to the special needs of women and child combatants, and its implementation through voluntary disarmament and weapons collection and destruction; 

(v) To assist the parties to the Comprehensive Peace Agreement in promoting understanding of the peace process and the role of UNMIS by means of an effective public information campaign, targeted at all sectors of society, in coordination with the African Union; 

(vi) To assist the parties to the Comprehensive Peace Agreement, in addressing the need for a national inclusive approach, including the role of women, towards reconciliation and peacebuilding; 

(vii) To assist the parties to the Comprehensive Peace Agreement, in coordination with bilateral and multilateral assistance programmes, in restructuring the police service in Sudan, consistent with democratic policing, to develop a police training and evaluation programme, and to otherwise assist in the training of civilian police; 

(viii) To assist the parties to the Comprehensive Peace Agreement in promoting the rule of law, including an independent judiciary, and the protection of human rights of all people of Sudan through a comprehensive and coordinated strategy with the aim of combating impunity and contributing to long-term peace and stability and to assist the parties to the Comprehensive Peace Agreement to develop and consolidate the national legal framework; 

(ix) To ensure an adequate human rights presence, capacity, and expertise within UNMIS to carry out human rights promotion, civilian protection, and monitoring activities; 

(x) To provide guidance and technical assistance to the parties to the Comprehensive Peace Agreement, in cooperation with other international actors, to support the preparations for and conduct of elections and referenda provided for by the Comprehensive Peace Agreement; 

b) To facilitate and coordinate, within its capabilities and in its areas of deployment, the voluntary return of refugees and internally displaced persons, and humanitarian assistance, inter alia, by helping to establish the necessary security conditions; 

c) To assist the parties to the Comprehensive Peace Agreement in cooperation with other international partners in the mine action sector, by providing humanitarian demining assistance, technical advice, and coordination; 

d) To contribute towards international efforts to protect and promote human rights in Sudan, as well as to coordinate international efforts towards the protection of civilians with particular attention to vulnerable groups including internally displaced persons, returning refugees, and women and children, within UNMIS’s capabilities and in close cooperation with other United Nations agencies, related organizations, and non-governmental organizations; 

5 -Requests the Secretary-General to report to the Council within 30 days on options for how UNMIS can reinforce the effort to foster peace in Darfur through appropriate assistance to AMIS, including logistical support and technical assistance, and to identify ways in liaison with the AU to utilize UNMIS’s resources, particularly logistical and operations support elements, as well as reserve capacity towards this end; 

6 - Calls upon all parties to cooperate fully in the deployment and operations of UNMIS, in particular by guaranteeing the safety, security and freedom of movement of United Nations personnel as well as associated personnel throughout the territory of Sudan; 

7. Emphasizes that there can be no military solution to the conflict in Darfur, and calls upon the Government of Sudan and the rebel groups, particularly the Justice and Equality Movement and the Sudanese Liberation Army/Movement to resume the Abuja talks rapidly without preconditions and negotiate in good faith to speedily reach agreement, and urges the parties to the Comprehensive Peace Agreement to play an active and constructive role in support of the Abuja talks and take immediate steps to support a peaceful settlement to the conflict in Darfur; 

8 - Calls upon all Member States to ensure the free, unhindered and expeditious movement to Sudan of all personnel, as well as equipment, provisions, supplies and other goods, including vehicles and spare parts, which are for the exclusive and official use of UNMIS; 

9. Calls upon all parties to ensure, in accordance with relevant provisions of international law, the full, safe and unhindered access of relief personnel to all those in need and delivery of humanitarian assistance, in particular to internally displaced persons and refugees; 

10. Requests that the Secretary-General transfer all functions performed by the special political mission in Sudan (UNAMIS) to UNMIS, together with staff and logistics of the office as appropriate, on the date when UNMIS is established, and to ensure a seamless transition between the United Nations and existing monitoring missions, namely the Verification Monitoring Team, the Joint Monitoring Mission, and the Civilian Protection Monitoring Team; 

11. Requests the Secretary-General to keep the Council regularly informed of the progress in implementing the Comprehensive Peace Agreement, respect for the ceasefire, and the implementation of the mandate of UNMIS, including a review of the troop level, with a view to its adjusted reduction, taking account of the progress made on the ground and the tasks remaining to be accomplished and to report to the Council in this regard every three months; 

12. Requests that the Secretary-General continue to report on a monthly basis on the situation in Darfur; 

13. Urges the Joint Assessment Mission of the United Nations, the World Bank, and the parties, in association with other bilateral and multilateral donors, to continue their efforts to prepare for the rapid delivery of an assistance package for the reconstruction and economic development of Sudan, including official development assistance and trade access, to be implemented once implementation of the Comprehensive Peace Agreement begins, and welcomes the initiative of the Government of Norway to convene an international donors’ conference for the reconstruction and economic development of Sudan, and urges the international community accordingly to donate generously, including to address the needs of internally displaced persons and refugees; 

14. Requests the Secretary-General to take the necessary measures to achieve actual compliance in UNMIS with the United Nations zero-tolerance policy on sexual exploitation and abuse, including the development of strategies and appropriate mechanisms to prevent, identify and respond to all forms of misconduct, including sexual exploitation and abuse, and the enhancement of training for personnel to prevent misconduct and ensure full compliance with the United Nations code of conduct, requests the Secretary-General to take all necessary action in accordance with the Secretary-General’s Bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including the conduct of pre-deployment awareness training, and to take disciplinary action and other action to ensure full accountability in cases of such conduct involving their personnel; 

15. Reaffirms the importance of appropriate expertise on issues relating to gender in peacekeeping operations and post-conflict peacebuilding in accordance with resolution 1325 (2000), recalls the need to address violence against women and girls as a tool of warfare, and encourages UNMIS as well as the Sudanese parties to actively address these issues; 

16. Acting under Chapter VII of the Charter of the United Nations, 

(i) Decides that UNMIS is authorized to take the necessary action, in the areas of deployment of its forces and as it deems within its capabilities, to protect United Nations personnel, facilities, installations, and equipment, ensure the security and freedom of movement of United Nations personnel, humanitarian workers, joint assessment mechanism and assessment and evaluation commission personnel, and, without prejudice to the responsibility of the Government of Sudan, to protect civilians under imminent threat of physical violence; and 
(ii) Requests that the Secretary-General and the Government of Sudan, following appropriate consultation with the Sudan People’s Liberation Movement, conclude a status-of-forces agreement within 30 days of adoption of the resolution, taking into consideration General Assembly resolution 58/82 on the scope of legal protection under the Convention on the Safety of United Nations and Associated Personnel, and notes that pending the conclusion of such an agreement, the model status-of-forces agreement dated 9 October 1990 (A/45/594), shall apply provisionally; 

17. Underscores the immediate need to rapidly increase the number of human rights monitors in Darfur, and urges the Secretary-General and the High Commissioner for Human Rights to undertake to accelerate the deployment of human rights monitors to Darfur and augment their numbers and also to move forward with the formation of civilian monitoring protection teams, and expects that the Secretary-General will report on progress on the formation of these teams in his reports to the Security Council as outlined in paragraph 11; 

18. Decides to remain seized of the matter. 

Recalling its resolutions 1547 (2004) of 11 June 2004, 1556 (2004) of 30 July 2004, 1574 (2004) of 19 November 2004, and resolution 1585 (2005) of 10 March 2005,

Reaffirming its readiness to support the peace process,

Decides to extend the mandate of the United Nations Advance Mission in Sudan (UNAMIS), established by its resolution 1547 (2004), until 24 March 2005,

Decides to remain actively seized of the matter. 

Recalling its resolutions 1547 (2004) of 11 June 2004, 1556 (2004) of 30 July 2004 and 1574 (2004) of 19 November 2004,

Reaffirming its readiness to support the peace process,

 Decides to extend the mandate of the United Nations Advance Mission in Sudan (UNAMIS), established by its resolution 1547 (2004), until 17 March 2005,

Decides to remain actively seized of the matter. 

Security Council refers situation in Darfour, to prosecutor of International Criminal Court

Resolution 1593 (2005) Adopted by Vote of 11 in favour to none against, with 4 abstentions (Algeria, Brazil, China, United States)

Acting under Chapter VII of the United Nations Charter, the Security Council decided this evening to refer the situation prevailing in Darfur since 1 July 2002 to the Prosecutor of the International Criminal Court.

Adopting resolution 1593 (2005) by a vote of 11 in favour, none against with 4 abstentions (Algeria, Brazil, China, United States), the Council decided also that the Government of the Sudan and all other parties to the conflict in Darfur would cooperate fully with the Court and Prosecutor, providing them with any necessary assistance.

The Council decided further that nationals, current or former officials or personnel from a contributing State outside the Sudan which was not a party to the Rome Statute would be subject to the exclusive jurisdiction of that contributing State for all alleged acts or omissions arising out of or related to operations in the Sudan authorized by the Council or the African Union, unless such exclusive jurisdiction had been expressly waived by that contributing State.

Inviting the Court and the African Union to discuss practical arrangements that would facilitate the Court’s work, including the possibility of conducting proceedings in the region, the Council encouraged the Court, in accordance with the Rome Statute, to support international cooperation with domestic efforts to promote the rule of law, protect human rights and combat impunity in Darfur.  It also emphasized the need to promote healing and reconciliation, as well as the creation of institutions, involving all sectors of Sudanese society, such as truth and/or reconciliation commissions, in order to complement judicial processes and thereby reinforce the efforts to restore long-lasting peace.

Speaking in explanation of position after the vote were the representatives of the United States, Algeria, China, Denmark, Philippines, Japan, United Kingdom, Argentina, France, Greece, United Republic of Tanzania, Romania, Russian Federation, Benin and Brazil.

The representative of the Sudan also addressed the Council.

(the meeting began at 10:40 p.m. and ended at 11:55 p.m.)

Action on Text

The draft resolution was adopted by a vote of 11 in favour with 4 abstentions (Algeria, Brazil, China, United States).

Following the vote, Anne Woods Patterson (United States) said her country strongly supported bringing to justice those responsible for the crimes and atrocities that had occurred in Darfur and ending the climate of impunity there.  Violators of international humanitarian law and human rights law must be held accountable.  Justice must be served in Darfur.  By adopting today’s resolution, the international community had established an accountability mechanism for the perpetrators of crimes and atrocities in Darfur.  The resolution would refer the situation in Darfur to the International Criminal Court (ICC) for investigation and prosecution.
While the United States believed that a better mechanism would have been a hybrid tribunal in Africa, it was important that the international community spoke with one voice in order to help promote effective accountability.  The United States continued to fundamentally object to the view that the Court should be able to exercise jurisdiction over the nationals, including government officials, of States not party to the Rome Statute.  Because it did not agree to a Council referral of the situation in Darfur to the Court, her country had abstained on the vote.  She decided not to oppose the resolution because of the need for the international community to work together in order to end the climate of impunity in the Sudan, and because the resolution provided protection from investigation or prosecution for United States nationals and members of the armed forces of non-State parties. 
The United States was and would be an important contributor to the peacekeeping and related humanitarian efforts in the Sudan, she said.  The language providing protection for the United States and other contributing States was precedent-setting, as it clearly acknowledged the concerns of States not party to the Rome Statute and recognized that persons from those States should not be vulnerable to investigation or prosecution by the Court, absent consent by those States or a referral by the Council.  In the future, she believed that, absent consent of the State involved, any investigations or prosecutions of nationals of non-party States should come only pursuant to a decision by the Council.
Although her delegation had abstained on the Council referral to the Court, it had not dropped, and indeed continued to maintain, its long-standing and firm objections and concerns regarding the Court, she continued.  The Rome Statute was flawed and did not have sufficient protection from the possibility of politicized prosecutions.  Non-parties had no obligations in connection with that treaty, unless otherwise decided by the Council, upon which members of the Organization had conferred primary responsibility for the maintenance of international peace and security.
She was pleased that the resolution recognized that none of the expenses incurred in connection with the referral would be borne by the United Nations, and that instead such costs would be borne by the parties to the Rome Statute and those that contributed voluntarily.  That principle was extremely important.  Any effort to retrench on that principle by the United Nations or other organizations to which the United States contributed could result in its withholding funding or taking other action in response.
The Council included, at her country’s request, a provision that exempted persons of non-party States in the Sudan from the ICC prosecution.  Persons from countries not party who were supporting the United Nations’ or African Union’s efforts should not be placed in jeopardy.  The resolution provided clear protection for United States persons.  No United States person supporting operations in the Sudan would be subject to investigation or prosecution because of this resolution.  That did not mean that there would be immunity for American citizens that acted in violation of the law.  The United States would continue to discipline its own people when appropriate.

Abdalllah Ballah (Algeria) said his country believed strongly in the crucial importance of combating impunity if peace and stability were to take root -- a need that was even more vital in the case of Darfur, where relations between various communities had been destroyed over the years.  It was, therefore, important that the fight against impunity had the equal goal of re-establishing harmony among the peoples of Darfur while serving the cause of peace.
He said that any international démarche towards those ends must be reinforced in a way that guaranteed a fair and transparent trial process; brought justice for the victims by restoring their rights and providing reparations for their moral and material suffering; contributed towards national reconciliation, a political settlement of the crisis and the consolidation of peace and stability throughout the Sudan; and promoted the support of all Sudanese in that process, including, in particular, securing the cooperation of the Government.
Because of those factors, the African Union was best placed to carry out so delicate an undertaking because it could provide peace, while also satisfying the need for justice, he said.  President Olusegun Obasanjo had made a proposal, on behalf of the African Union, based on the need to secure peace without sacrificing the need for justice.  Regrettably, for the sake of reconciliation, the Council had neither considered that proposal nor assessed its potential to enable its members to combat impunity.  One could not claim to support the African Union while brushing aside its proposals without deigning even to consider them.  At the eruption of the Darfur conflict, it had been none other than the African Union that had deployed its soldiers and begun negotiating the various complex issues involved.  What was true of the Sudan was true all over Africa, and Algeria regretted that for the sake of compromise at any cost those who defended the principle of universal justice had, in fact, confirmed that even in the Council there could be a double standard.

Wang Guanya (China), explaining his delegation’s abstention, said that China had followed the situation in Darfur closely and supported a political solution.  Like the rest of the international community, China deplored deeply the violations of international humanitarian law and human rights law and believed that the perpetrators must be brought to justice.  The question before the Council was what was the most appropriate way to do so.  While ensuring justice, it was important to sustain the hard-won gains of the North-South peace process.
He said his country would have preferred that the perpetrators stand trial in Sudanese courts, which had recently taken action against people involved in human rights violations in Darfur.  China did not favour the referral to the International Criminal Court without the consent of the Sudanese Government.  In addition, China, which was not a party to the Rome Statute, had major reservations regarding some of its provisions and had found it difficult to endorse the Council authorization of that referral.

Ellen Margrethe Loj (Denmark) said that it had been two months since the Council had received the report of the Commission of Inquiry, which had strongly recommended referring the situation in Darfur to the ICC.  The Court had the mandate, capacity and funding necessary to ensure swift and effective prosecution.  She was encouraged that the Council had voted to adopt a resolution to bring an internationally recognized follow-up to the crimes in Darfur.  She recognized the difficulty of some delegations to accept the text and appreciated the flexibility shown.
Denmark had only been able to support the text after some alterations were made, she said.  Regarding the formulation on existing agreements referred to in article 98-2 of the Rome Statute, she noted that that reference was purely factual and referred to the existence of such agreements.  Thus, the reference was in no way impinging on the Rome Statute.  The result was a valid compromise leading to the first referral of a situation to the ICC.  She looked forward to the Court taking the first steps to ending the culture of impunity in Darfur. 

Lauro Baja (Philippines) noted that today’s was the third resolution borne out of the Council’s consideration of Darfur.  He had voted for the resolution in response to the urgency and gravity of the crimes, which the Council and the international community were obliged to address.  Any failure of action two months after the presentation of the report would have reduced the Council to irrelevance in ending impunity and protecting human rights and international humanitarian law.
He shared the concerns of some regarding the manner in which the resolution was arrived at.  Once again, veto threats prevented the expression of a clear and robust signal from the Council.  That was why calls for Council reform were growing louder with each passing day.  He also believed that the ICC was a fatality in the resolution.  Did the Council have the prerogative to mandate the jurisdiction of the Court?

Kenzo Oshima (Japan) said he had voted in favour of the resolution because impunity for serious violations of human rights and crimes against humanity must not be allowed.  Japan supported in principle the referral to the International Criminal Court within the appropriate time-frame, although it was not a party to the Rome Statute and would have much preferred more agreement among Council members.

Emyr Jones Parry (United Kingdom) said that by tonight’s vote the Council had acted to ensure accountability for the crimes committed in Darfur.  The United Kingdom hoped to send a salutary warning to other parties who may be tempted to commit similar human rights violations.  The United Kingdom welcomed the adoption of the two other resolutions on the Sudan this week and called for a redoubling of efforts on behalf of peace and justice for the people of Darfur, and the Sudan as a whole, who had suffered enough.  The three resolutions were a substantial contribution towards that end.

César Mayoral (Argentina) said he had voted in support of the resolution on the basis of the report to the Council by the High Commissioner for Human Rights, who stated clearly what had been crimes against humanity in Darfur.  The legal context for dealing with such violations was the ICC.  He understood that the ICC would be the proper place to combat impunity.  The resolution gave strong support to the Court and demonstrated significant progress within the United Nations to ensure the functioning of an international system for human rights, for which the Court was an essential tool.
He noted that it was the first time the Council had referred to the Court a situation involving crimes over which the Court had jurisdiction.  It was a crucial precedent.  The letter and spirit of the Rome Statute must be respected, taking into account the legitimate concerns of States.  Accordingly, he regretted that the Council had to adopt a text that provided an exemption to the Court, and hoped that that would not become normal practice.  The exemption referred to in operative paragraph 6 only applied to those States not party to the Rome Statute.

Jean-Marc de la Sablière (France) said the events in Darfur were deeply troubling, and the greatest concern was the plight of the people there.  The Secretary-General’s reports had provided a detailed picture of those atrocities.  The Council had a duty to take action.  Its policy must include three elements.  The first was the need to assist the African Union to strengthen its mandate for protection and monitoring.  The Council had done that by adopting resolution 1590 last week.  Then, there was the need to exert pressure on the warring parties to fulfil their obligations and achieve a political settlement.  The Council did that by adopting resolution 1591 a few days ago.  Finally, it was necessary to put an end to impunity.  That was what the Council had done today.
The Commission’s report recommended the referral of the situation in Darfur to the ICC, he said.  The Secretary-General and the High Commissioner for Human Rights had asked the Council to urgently provide a positive outcome following that recommendation.  Referring the issue to the ICC was the only solution.  It was necessary to do right by the victims, and doing so would prevent those violations from continuing.  That was why France had been the initiator of the resolution and voted in its favour.  He was gratified by the adoption of this historic resolution, by which the Council, for the first time, referred a situation to the ICC.
Thus, the Council had sent a strong message to all those in Darfur who had committed or were tempted to commit atrocious crimes, and to the victims.  The international community would not allow those crimes to remain unpunished.  It also marked a turning point and sent a message farther than Darfur.  His delegation had been ready to acknowledge immunity from the ICC for nationals from States not party to the Rome Statute.  He reaffirmed his confidence in the ICC and hoped that those clauses concerning immunity from the Court would be dropped very soon.

Adamantos Th Vassilakis (Greece) stressed that impunity must not be allowed to go unpunished and that was why his country had turned to the International Criminal Court.  It would have preferred a text that did not make exceptions, but it was better than one that allowed violations to go unpunished.  The text strengthened the Council’s authority, as well as that of the International Criminal Court, which would have the possibility of showing its competence.  The three recently adopted resolutions on Darfur would assist in restoring peace in the Sudan.

Augustine Mahigha (United Republic of Tanzania) said that every new delay in the adoption of the resolution represented a failure to serve the interests of justice, and his delegation regretted that the text took on matters that did not concern the Council.  It did not permit any avoidance of the International Criminal Court’s authority, and the United Republic of Tanzania hoped that the international community would not abandon the people of the Sudan, particularly those of Darfur.

Mihne Ioan Motoc (Romania) said that text spoke for itself in showing the way the Council could come together to address serious issues.  The adoption of resolution 1593 was a stand against impunity and an expression of confidence in the ICC to handle complex cases, like the one the Council was referring to it today.  At the end of the day, the Council had sent a message that there was no way that anyone anywhere could get away without retribution for grave crimes.  By deciding to refer Darfur to the ICC, the Council had enhanced its conflict prevention and resolution capabilities.  Upholding the ICC by adopting the resolution would be to no avail unless States remained supportive of the Court as it exercised its prerogatives.

Andrey Denisov (Russian Federation) said that Council members had reaffirmed that the struggle against impunity was one of the elements of long-term stability in Darfur.  All those responsible for grave crimes must be punished, as pointed out in the report of the Commission of Inquiry.  The resolution adopted today would promote an effective solution to the fight against impunity.

Joel Adechi (Benin) said the vote was a major event in the context of the international community’s attempts to ensure there was no impunity for violations of international humanitarian law in the past decade.  Benin had voted in favour of the resolution because it was party to the Rome Statute and also because the worsening of the situation in Darfur meant that the Council must take action to end the suffering of the civilians, ending impunity by providing impartial justice.  Benin had also voted in favour out of respect for human dignity and the right to life.  The African Union recognized that the international community had a responsibility to protect civilians when they were not protected by their own governments.  The resolution must help them to achieve their legitimate dream of an end to their suffering and enable them to look ahead to the future with serenity.

Council President Ronaldo Mota Sardenberg (Brazil), speaking in his national capacity, said his country was in favour of the resolution, but had been unable to join those who had voted in favour.  However, Brazil was ready to cooperate fully with the International Criminal Court whenever necessary.  The Court provided all the necessary checks and balances to prevent politically motivated prosecutions, and any fears to the contrary were both unwarranted and unhelpful.
However, there were limits to the responsibilities of the Council vis-à-vis international instruments, and Brazil had consistently maintained that position since the negotiations on the Rome Statute.  But the Court remained the only suitable institution to deal with the violations in the Sudan.  Brazil had been unable to support operative paragraph 6, which recognized exclusive jurisdiction.  It would not strengthen the role of the International Criminal Court.

El Fatih Mohamed Ahmed Erwa (Sudan) said that, once more, the Council had persisted in adopting unwise decisions against his country, which only served to further complicate the situation on the ground.  The positions over the ICC were well known.  The Darfur question had been exploited in light of those positions.  It was a paradox that the language in which the resolution was negotiated was the same language that had buffeted the Council before on another African question.  The resolution adopted was full of exemptions.  He reminded the Council that the Sudan was also not party to the ICC, making implementation of the resolution fraught with procedural impediments.  As long as the Council believed that the scales of justice were based on exceptions and exploitation of crises in developing countries and bargaining among major Powers, it did not settle the question of accountability in Darfur, but exposed the fact that the ICC was intended for developing and weak countries and was a tool to exercise cultural superiority.
The Council, by adopting the resolution, had once again ridden roughshod over the African position, he said.  The initiative by Nigeria, as chair of the African Union, had not even been the subject of consideration.  Also, the Council had adopted the resolution at a time when the Sudanese judiciary had gone a long way in holding trials, and was capable of ensuring accountability.  Some here wanted to activate the ICC and exploit the situation in Darfur.  Accountability was a long process that could not be achieved overnight.  The Council was continuing to use a policy of double standards, and sending the message that exemptions were only for major Powers.  The resolution would only serve to weaken prospects for settlement and further complicate the already complex situation.