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Icc and Sudan

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Submitted By BKhero92
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Pages 17
Baraa Elhariry
International Law
Professor Taub
Due Date: 12/16/2011
UN Security Council’s Referral and Article 16 of the Rome Statute
The Darfur Conflict began in February of 2003 when the Sudanese Liberation Movement (SLM) and the Justice and Equality Movement (JEM) took up arms against the Sudanese government claiming their actions as a retaliation of years of persecution by Arab Sudanese in the north against non-Arabs in the south. They were met with resistance by the national army and the Janjaweed forces, a militia that is not officially recognized by the Sudanese government, but acts in its’ best interests nonetheless. The United Nations estimates that there have been at least 300,000 Sudanese killed between 2003 and 2005. During that period, around two million more were displaced from their homes and forced to seek refuge. The conflict is still ongoing.
After the relative success of International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), a draft statute was adopted to establish an international criminal tribunal that had jurisdiction over crimes of war crimes, crimes against humanity, aggression, and genocide. The result was the Rome Statute, which was drafted in 1998 and that required the approval of 60 states in order to come into force, which it did on July, 1st 2002. Sudan signed the Rome Statue in September of 2000 while Omar al-Bashir was President, but did not ratify it, thus not accepting the jurisdiction of the Court. In addition, per Article 13, the Security Council has the power to refer cases to the Court that would traditionally be outside its jurisdiction, such as Sudan, in the spirit of Chapter VII of the United Nations charter. Of the seven situations that the ICC is now investigating; Uganda, the Ivory Coast, Darfur, Kenya, the Central African Republic, Libya and the

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