The Role of the International Criminal Court and United Nations in Sudan

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___________________________________________________ WRITTEN SUBMISSION ON THE ROLE OF INTERNATIONAL CRIMINAL COURT AND UNITED NATIONS IN SUDAN __________________________________________________ Background The Darfur war is a war conducted by the Sudanese Government against the rebel groups in the Darfur region of western Sudan. The war began in the year 2003 when rebel groups like the ‘Sudan Liberation Army’ and Justice & Equality Movement started a fight against the Sudanese government as it was accused of oppressing the non-Arab population in the Darfur region. The government in reprisal carried out ethnic cleansing of the non-Arab population in Darfur with the help of Arab militants like Janjaweed and mainly targeted the African tribes of the region in order to expel the rebellions from the region.

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This ethnic cleansing of the African tribe by the Sudanese government resulted in the killing of thousands of civilians and uprooted million others.[1] The matter was first investigated by the United States who termed the crimes committed as genocide and consequently a commission was appointed by the United Nations Secretary General Koffi Annan to enquire into the crimes committed in the Darfur region. The commission in its report submitted to the UN Security Council said that serious level of war crimes and humanity crimes have been committed in Darfur but did not directly accused the Sudanese Government of the crimes committed and requested further enquiry by handing over the case to the International Criminal Court. The Security Council passed a resolution to refer the matter to the Prosecutor of the International Criminal Court by a vote of 11 in favour, none against with 4 abstentions and decided that the Government of Sudan and other parties involved should co-operate fully with the ICC.[2] This enquiry also resulted in the accusation of the Sudanese President Omar Al-Bashir on the counts of committing genocide and humanity crimes. Power of ICC to investigate the matter The Darfur Situation was referred to the ICC by the Security Council on 31st March, 2005. This was the first ever matter referred by the Security Council to the ICC. Looking at the situation in Darfur, the international community came out and raised their concerns with respect to the war crimes being committed by the Government against the non-Arab population. The matter was subsequently taken up by the United Nations by virtue of the power given to it under Article 39 of the UN Charter. Article 39 of the Charter states that:- “Article 39 The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42,

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