Security Council resolution 1593 (2005) [on referring the situation in Darfur since 1 July 2002 to the Prosecutor of the International Criminal Court]
Symbol: S/RES/1593(2005)
Date: 2005-03-31
Status: adopted
Agenda: S/60 [160] SUDAN--POLITICAL CONDITIONS
Subjects: International Criminal Court. Prosecutor|International Criminal Court|African Union|Rome Statute of the International Criminal Court (1998)|Charter of the United Nations (1945). Chapter VII|HUMAN RIGHTS|PROSECUTION|DARFUR (SUDAN)|SUDAN|INTERNATIONAL OBLIGATIONS|INTERNATIONAL CRIMINAL JURISDICTION|DOMESTIC JURISDICTION|INTERNATIONAL CRIMINAL COURTS|PROSECUTORS|JUDICIAL PROCEEDINGS|IMPUNITY|RULE OF LAW|TRUTH COMMISSIONS|PEACEBUILDING|CRIMINAL INVESTIGATION|COSTS|PERIODIC REPORTS
Votes in favour: 11
Votes against: 0
Abstentions: 4
Voting record:
country: ALGERIA
vote: abstention
country: ARGENTINA
vote: yes
country: BENIN
vote: yes
country: BRAZIL
vote: abstention
country: CHINA
vote: abstention
country: DENMARK
vote: yes
country: FRANCE
vote: yes
country: GREECE
vote: yes
country: JAPAN
vote: yes
country: PHILIPPINES
vote: yes
country: ROMANIA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED REPUBLIC OF TANZANIA
vote: yes
country: UNITED STATES
vote: abstention

               United Nations                                                                    S/RES/1593 (2005)
               Security Council                                                Distr.: General
                                                                               31 March 2005




               Resolution 1593 (2005)
               Adopted by the Security Council at its 5158th meeting,
               on 31 March 2005

                    The Security Council,
                     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;

05-29273 (E)
*0529273*

S/RES/1593 (2005)


                     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 longlasting 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.




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