Darfur Goes to the International Criminal Court (Perhaps)

The authors consider the recent referral by the UN Security Council of the situation in the western region of Sudan (Darfur) for investigation and prosecution to the International Criminal Court. The paper focuses on the context of this referral, especially since the referral signals a capitulation by the United States of America (which had the power to veto the referral) in the face of worldwide pressure for the United Nations to take action against perpetrators of atrocities in Sudan. In considering the referral, the authors point out that the International Criminal Court has been handed a hot potato. Because it is one of the first cases that the court will hear, the spotlight will be on the court’s effectiveness as an instrument of international criminal justice. Sudan is not party to the court’s statute, however, and accordingly owes the court no obligation to cooperate in the investigation and prosecution of Sudanese offenders.