darfur & icc

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Darfur& ICC Background: - Armed conflict broke out between government and two rebel groups in 2003 - Long standing racial, cultural oppression& economic marginalization root causes of the conflict

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Darfur& ICC

• Background:

• - Armed conflict broke out between government and two rebel groups in 2003• - Long standing racial, cultural oppression&

economic marginalization root causes of the conflict

Background

• Government responded to the insurgency by arming militias known as Janjaweed, or “devils on horseback”.

• Sudanese army and Janjaweed attack hundreds of villages throughout Darfur.

• Over 4000 villages completely destroyed, more than 300 000 killed, millions of civilians forced to flee their homes 2003-2005

Current situation

• Armed militias still operate with impunity

• Attacks against civilians continue

• 200 women were raped this month in a village in north Darfur

• Government prevents UN team to investigate

ICC intervention

• UN commission of inquiry in 2005 concludes that graves crimes committed in Darfur

• Recommends situation be referred to ICC. • On 6 June 2005, Mr. Moreno-Ocampo (ICC prosecutor)

announces the opening of Darfur investigations• IN April 2007, the ICC issued two arrest warrants for

Ahmed Harun (Minister for Interior) and Ali Kushayb (Janjaweed leader).

ICC intervention

• Both Harun and Kushayb charged with crimes against humanity and war crimes

• Sudan not a member state of the ICC founding treaty (Rome Statue) but UNSC has authority to refer a particular case to the ICC (such as Darfur )

• Resolution 1593 in 2005 authorizes ICC jurisdiction

Sudan’s government response

• Rejects cooperation with ICC

• President Al-Bashir vows to protect all suspects from the Hague court

President Al-Bashir indicted

• March 2009 ICC issues arrest warrant for Al-Bashir over multiple counts of war crimes, crimes against humanity.

• Genocides charges were also added later on • Al-Bashir is the commander of the army and head of the

ruling party since he took power in a military coup in 1989

Defence minister

• On March 1, 2012, the ICC issued another arrest warrant for the Sudanese defense minister, charging him with 20 counts of crimes against humanity and 21 counts of war crimes.

ICC argues:

• “The entire [Sudanese] state apparatus" is implicated in the commission of crimes in Darfur

• International community should cooperate in arresting Al-Bashir to stand trial to prevent further crimes in the region

• Victims can’t wait any longer • Victims agree• No peace without justice

Counter argument:

• Some international/ regional players, Al-Bashir backers say: arresting Al-Bashir would destabilize country, complicate matters (Darfuris reject this altogether)

• They call for domestic justice process

• Peace should be given chance first, then justice