Delivering justice for Darfur: is the ICC simply a significant step in the right direction?

Bradshaw, Rachel (2008) Delivering justice for Darfur: is the ICC simply a significant step in the right direction? In: Australasian Law Teachers Association 63rd Annual Conference: the law, the environment, Indigenous peoples: climate for change?. p. 107. From: 2008 Australasian Law Teachers Association Conference: the law, the environment, Indigenous peoples: climate for change?, 6-9 July 2008, Cairns, QLD, Australia.

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Abstract

The establishment of the International Criminal Court (ICC) in 2002 was to be humanity's swift and just response to the most heinous of international crimes. The momentum that had gathered in the 1990s facilitated clear goals and high aspirations for the world's first permanent international criminal court. However, concessions made to entice universal support for the institution, ultimately weakened its practical ability to provide an effective alternative to impunity. The Darfur region of Sudan has been described as one of the world's worst humanitarian crisis, with UN records suggesting approximately 200,000 people have died and 2.5 million people have been displaced since 2003. The residents of Darfur have been subjected to many human rights abuses including murder, rape, torture and forcible removal, at the hands of government officials and supporters. Although the Office of the Prosecutor has commenced fervent investigations, the jurisdictional limits of the Rome Statute have impeded the ability of the Prosecutor to bring those responsible for the atrocities that have occurred in Darfur to justice. Investigations have shown that the government of Sudan has tolerated and even actively supported the alleged perpetrators of these war crimes and crimes against humanity. The Sudanese government has declined to cooperate with the Prosecutor and has refused to take any further action in relation to the arrest warrant for government minister Ahmad Huran. It has also rejected the option to domestically investigate Ahmad Huran, and in demonstration of defiance has appointed Huran as the Minister of State and Humanitarian Affairs. The present situation therefore raises the question as to whether the ICC can be the powerful international force against impunity that can effectively deliver justice to the people of Darfur.

Item ID: 27968
Item Type: Conference Item (Abstract / Summary)
ISBN: 978-0646-49497-5
Keywords: criminal law, international law
Date Deposited: 29 Jul 2013 06:18
FoR Codes: 18 LAW AND LEGAL STUDIES > 1899 Other Law and Legal Studies > 189999 Law and Legal Studies not elsewhere classified @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940403 Criminal Justice @ 100%
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