Citation

Totten CD, Tyler N. J. Crim. Law Criminol. 2008; 98(3): 1069-1118.

Copyright

(Copyright © 2008, Northwestern University School of Law)

DOI

unavailable

PMID

unavailable

Abstract

This Article addresses the evolution of the International Criminal Court's case regarding Darfur, Sudan. In particular, the Article examines the U.N. investigation into the human rights abuses in Darfur, the U.N. referral of the Darfur case to the ICC, the ICC's Prosecutor own investigation into the abuses, and the recent issuance of arrest warrants by the ICC for particular Darfur suspects. In addition, the Article analyzes whether the ICC complementarity principle is violated in the Sudan case as a result of local judicial activity against the ICC suspects named in the warrants. Concluding that the principle is not violated, and the ICC may therefore proceed with its case against these suspects, the Article then proposes an integrated approach to resolving the crisis in Darfur. This approach entails ICC prosecutions, Sudanese prosecutions and a truth commission process. Finally, the Article offers suggestions for executing the ICC at-rest warranty in the Sudan.