Journal Article

Comments on the Security Council Referral of the Situation in Darfur to the ICC

Luigi Condorelli and Annalisa Ciampi

in Journal of International Criminal Justice

Volume 3, issue 3, pages 590-599
Published in print July 2005 | ISSN: 1478-1387
Published online July 2005 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqi051
Comments on the Security Council Referral of the Situation in Darfur to the ICC

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Recently, the United Nations (UN) Security Council (SC) decided to refer the situation in Darfur to the International Criminal Court (ICC), following the suggestion of the UN Commission of Inquiry established by the Secretary-General pursuant to SC Res. 1564 (2004). The authors discuss four main problematic issues raised by the first SC referral of a situation to the ICC. First, they emphasize that States Parties to the ICC and non-States Parties have different obligations to cooperate with the Court, irrespective of the adoption of a SC Resolution. Secondly, they discuss the question of immunity granted to nationals of non-States Parties. Thirdly, the puzzling reference contained in the SC Resolution to exemption agreements is commented upon. Finally, the paper concludes with a criticism of the lack of any measure providing for compensation to victims.

Journal Article.  4607 words. 

Subjects: Criminal Law ; International Law ; International Criminal Law ; International Humanitarian Law ; Transnational Crime

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