The Darfur Situation and The ICC: An Appraisal

On 31 March 2005, the Security Council adopted Resolution 1593 referring the situation in Darfur, Sudan, to the Prosecutor of the International Criminal Court (ICC). In accordance with the Rome Statute, the Prosecutor commenced his investigation and presented evidence to Pre Trial Chamber I (PTC I), implicating two Sudanese men in the commission of crimes against humanity and war crimes in Darfur. Consequently, the Chamber has issued Warrants for their arrest. This chain of events has given rise to a number of jurisprudential issues which will be discussed here, namely, the legal significance of the referral by the Security Council to the ICC; the various grounds of jurisdiction of the ICC and personal responsibility for atrocities committed; the questions of admissibility complementarity, and double jeopardy.