Christopher Gevers

Darfur Goes to the International Criminal Court (Perhaps)

The authors consider the recent referral by the UN Security Council of the situation in the western region of Sudan (Darfur) for investigation and prosecution to the International Criminal Court. The paper focuses on the context of this referral, especially since the referral signals a capitulation by the United States of America (which had the power to veto the referral) in the face of worldwide pressure for the United Nations to take action against perpetrators of atrocities in Sudan. In considering the referral, the authors point out that the International Criminal Court has been handed a hot potato. Because it is one of the first cases that the court will hear, the spotlight will be on the courts effectiveness as an instrument of international criminal justice. Sudan is not party to the courts statute, however, and accordingly owes the court no obligation to cooperate in the investigation and prosecution of Sudanese offenders.

South Africa’s Foreign Policy and the International Criminal Court: Of African Lessons, Security Council Reform, and Possibilities for an Improved ICC

South Africa’s early support for the idea of a permanent International Criminal Court is well known. In particular, its influence at Rome in 1998, where states came together to draft the Statute for the International Criminal Court (ICC), has been chronicled widely and admired deservedly.

The Role of the Assembly of States Parties for the ICC

In what might be seen as a self-serving disclaimer, may we suggest that the question posed in this Forum is a difficult one? The note will argue that the question (or perhaps more accurately the answer thereto) is not about balancing the independence of the Court with the asp, but rather about the role of that body within the Court. The argument made here is that the Independent Oversight Mechanism (iom) debate cannot be seen in isolation. Nor can it be considered as merely a question of administrative functions. Rather, it must be situated within the broader question and possible future debate over the role of the asp. For many African states that role implicates broader (and deeper) questions about the asp as a possible political counterpoint to the un Security Council.