Decades of civil war and the more recent conflict in Darfur have left Sudan a divided, fragile state. In January 2011, citizens in South Sudan voted overwhelmingly to secede from the north in a referendum.

Recent efforts to achieve sustainable peace in the country resulted in the signing of a ceasefire agreement between the Sudanese government and the main rebel group in Darfur. Meanwhile, the International Criminal Court (ICC) and the Special Criminal Court on the Events in Darfur (SCCED) feature prominently in debates about the legitimacy of international courts and the possibility of local and regional alternatives in transitional justice processes.

The ICC began its formal investigation of the situation in Darfur in June 2005 and has opened four cases. There has been debate over the mandate of the ICC investigation in Sudan. Specifically, the ICC decision to issue an arrest warrant for President Omar al-Bashir received divergent responses from African states and civil society groups. The African Union (AU) declared a position of noncooperation with the ICC warrant, though civil society groups have challenged this, particularly in those states that have ratified the Rome Statute. (Read more about the ICC cases.)

The SCCED, a hybrid panel of local and international judges backed by the AU, was created exactly one day after the ICC began its formal investigation, on 7 June 2005. Since the beginning, the SCCED has received criticism for the slow pace of its proceedings. (Read more about the SCCED.)

In February 2009, the AU established a High-Level Panel on Darfur to investigate and address the conflict and human rights violations in Darfur. The panel, headed by former South African President Thabo Mbeki, began its work in March 2009 and released a comprehensive report in October 2009, offering a range of recommendations. The panel’s recommendations in combination with the ICC’s announcement that it would reconsider bringing a charge of genocide against Bashir have prompted the Sudanese government to revitalise the SCCED.