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2010 | ICTJ Briefing by S. Baldo – Sudan: Impact of the Rome Statute and the International Criminal Court

This article discusses the efforts of the Sudanese government to bring justice, peace and reconciliation to Darfur since the UN Security Council referred the situation in Darfur to the ICC in 2005. The author explains that at first it seemed that the Sudanese Government wanted to cooperate with the investigation of the ICC when it created several investigative and judicial entities to uncover crimes that occurred in Darfur. However, it soon became apparent that these mechanisms were not genuine efforts to end impunity in Darfur and to bring justice to victims. It seemed the mechanisms were only designed to satisfy the complementarity threshold of the ICC (pages 3 and 4). The government stopped cooperating with the investigation in 2007. When the first arrest warrant was issued the government responded with launching a diplomatic campaign aimed at mobilizing allies in the international community to press for deferral of ICC action in Darfur under Article 16 Rome Statute. ICC investigations and the application of universal jurisdiction in several African countries had already led to a growing sense of resentment in Africa. In response, the African Union established a High-Level Panel for Darfur (AUPD) with a mandate to recommend approaches for reconciling the demands of justice, peace, and reconciliation (see pages 4 to 6). The article also mentions the effect of the indictment of President al-Bashir in Darfur: in response to the announcement arrests and harassment of human rights defenders increased and the government expelled 13 leading relief organization involved in Darfur.