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THE UN SECURITY COUNCIL MAKES HISTORY, REFERS
SITUATION IN DARFUR TO THE INTERNATIONAL CRIMINAL COURT
In an historic vote, the UN Security Council referred the
situation in Darfur, Sudan, to the International Criminal Court (ICC) for
the investigation and prosecution of persons responsible for committing war
crimes, crimes against humanity, and genocide. Security Council
Resolution 1593 passed 11-0 with the United States, Algeria, Brazil, and
China abstaining.
The vote marks the first situation referred by the Security Council to the
International Criminal Court. While the ICC is currently considering three
other cases – Uganda, the Democratic Republic of Congo, and the Central
African Republic —each investigation arose from requests by the countries
themselves. Darfur will be the first investigation undertaken by the ICC at
the direction of the Security Council and without the consent of the state
under investigation.
France, an ICC supporter and permanent member of the Security Council,
forced the vote for an ICC investigation after nearly two months of
negotiations over how to prosecute the crimes in Darfur. Despite the support
of a majority of Security Council members for the ICC, strong opposition to
the resolution came from the U.S. However, the Security Council finally
reached a compromise in which the U.S. abstained from the vote in return for
resolution language guaranteeing that no U.S. personnel could be prosecuted
by the ICC for actions in Darfur.
The ICC is fully staffed and ready to begin investigating the atrocities in
Darfur. The
ICC Prosecutor has indicated that he will soon contact "relevant
national and international authorities, including the United Nations and the
African Union." Moreover, the Prosecutor will not have to start from
scratch, as there is already information on Darfur from extensive
investigations conducted by international organizations and the African
Union ceasefire monitoring force.
The Sudanese government, however, is not likely to cooperate with the ICC.
The international community must maintain political pressure on Sudan to
ensure its cooperation during the investigations.
Updated
April 25, 2005
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