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NAME OF MECHANISM

International Criminal Court (ICC)

 
YEARS OF OPERATION

March 2005 -

 
MANDATE AND OPERATIONS

Mandate: In March 2005, the UN sent a referral to the ICC Prosecutor to investigate and prosecute those most responsible for violations committed in the Sudan since 1 July 2002. This was the first time the UN has referred a situation to the ICC. The ICC investigation was opened in June 2006.

 
LATEST UPDATE

January 2008: The Prosecutor began his investigation by looking at the Report of the UN Commission of Inquiry (Security Council Resolution 1564 of September 18, 2004) which operated from October 2004 to January 2005. The Commission of Inquiry was established to investigate reports of violations of international humanitarian law and human rights law in Darfur by all parties, to determine whether or not acts of genocide have occurred, and to identify the perpetrators of such violations with a view to ensure that those responsible are held accountable.

The Commission also recommended that the Security Council establish a Compensation Commission for Sudan to provide reparations to the victims of war crimes.

In April 2007, the ICC issued arrest warrants for Ahmed Mohammed Harun, former Minister of State for the Interior of the Government of Sudan, and Ali Mohammed Ali Abd-Al-Rahman, also known as Ali Kushayb, alleged leader of the Janjaweed militia. Both have been indicted on 55 charges of war crimes and crimes against humanity, including murder, rape and torture. However, the Government of Sudan has yet to enforce the arrest warrants, and has in fact released Kushayb due to lack of evidence. The International Bar Association has called upon the Government of Sudan to arrest Kushayb and Harun, as it is legally obliged to do, and stop undermining the authority of the ICC.

For more information see the ICC website.

Meanwhile, few in Darfur even know or care about the actions of the ICC. Those who do are frustrated that so few have been arrested. [BBC]