Year 2011, Volume 10, Issue 4, Pages 37 - 49 2011-08-01

The Sudanese Conflict: War Crimes and International Criminal Court

Kudzaishe Marecha and Percyslage Chigora [1] , Percyslage Chigora [2]

212 438

The International Criminal Court (ICC) was created to facilitate the prosecution of perpetrators of international humanitarian law something not within the jurisdiction of the International Court of Justice. As an international court, it was not restricted by head of state or diplomatic immunity. In March 2005, the United Nations Security Council under Chapter VII of the UN Charter adopted resolution 1593 which referred the situation in Darfur, Sudan to the International Criminal Court Prosecutor, effectively giving the ICC jurisdiction over Sudan even though Sudan is not part to the Rome Statute. The Resolution is binding on all UN member states, including Sudan. On March 4 2009, ICC judges issued a warrant for the arrest of Sudanese President Omar Hassan al- Bashir. The warrant holds that there are reasonable grounds to believe that Bashir is criminally responsible for five counts of crimes against humanity and two counts of war crimes, referring to alleged attacks by Sudanese security forces and pro- government militia in the Darfur region of Sudan during the government's seven year counter insurgency campaign. This ability to indict a head of state in office raised debates and animosity between the court and African leaders as well as Arab leaders after it indicted Hassan Omar Al-Bashir, the Sudanese head of state. The paper seeks to analyse the extent to which the Sudanese conflict gave rise to situation that constitute war crimes and examine the extent to which the laws have been applied worldwide. In essence, the paper makes an exposition about the law's applicability in the contemporary world. The paper espouse that the Sudanese sets as a test case were a sitting head of state could be brought before the ICC
Conflict, War Crimes, International Criminal Court, Sudan, Omar Hassan al-Bashir
Primary Language en
Journal Section Articles
Authors

Author: Kudzaishe Marecha and Percyslage Chigora

Author: Percyslage Chigora

Dates

Publication Date: August 1, 2011

Bibtex @ { alternatives20835, journal = {Alternatives: Turkish Journal of International Relations}, issn = {2146-0809}, eissn = {1303-5525}, address = {Yalova University}, year = {2011}, volume = {10}, pages = {37 - 49}, doi = {}, title = {The Sudanese Conflict: War Crimes and International Criminal Court}, key = {cite}, author = {Chigora, Kudzaishe Marecha and Percyslage and Chigora, Percyslage} }
APA Chigora, K , Chigora, P . (2011). The Sudanese Conflict: War Crimes and International Criminal Court. Alternatives: Turkish Journal of International Relations, 10 (4), 37-49. Retrieved from http://dergipark.org.tr/alternatives/issue/1684/20835
MLA Chigora, K , Chigora, P . "The Sudanese Conflict: War Crimes and International Criminal Court". Alternatives: Turkish Journal of International Relations 10 (2011): 37-49 <http://dergipark.org.tr/alternatives/issue/1684/20835>
Chicago Chigora, K , Chigora, P . "The Sudanese Conflict: War Crimes and International Criminal Court". Alternatives: Turkish Journal of International Relations 10 (2011): 37-49
RIS TY - JOUR T1 - The Sudanese Conflict: War Crimes and International Criminal Court AU - Kudzaishe Marecha and Percyslage Chigora , Percyslage Chigora Y1 - 2011 PY - 2011 N1 - DO - T2 - Alternatives: Turkish Journal of International Relations JF - Journal JO - JOR SP - 37 EP - 49 VL - 10 IS - 4 SN - 2146-0809-1303-5525 M3 - UR - Y2 - 2019 ER -
EndNote %0 Alternatives: Turkish Journal of International Relations The Sudanese Conflict: War Crimes and International Criminal Court %A Kudzaishe Marecha and Percyslage Chigora , Percyslage Chigora %T The Sudanese Conflict: War Crimes and International Criminal Court %D 2011 %J Alternatives: Turkish Journal of International Relations %P 2146-0809-1303-5525 %V 10 %N 4 %R %U
ISNAD Chigora, Kudzaishe Marecha and Percyslage , Chigora, Percyslage . "The Sudanese Conflict: War Crimes and International Criminal Court". Alternatives: Turkish Journal of International Relations 10 / 4 (August 2011): 37-49.
AMA Chigora K , Chigora P . The Sudanese Conflict: War Crimes and International Criminal Court. Alternatives: Turkish Journal of International Relations. 2011; 10(4): 37-49.
Vancouver Chigora K , Chigora P . The Sudanese Conflict: War Crimes and International Criminal Court. Alternatives: Turkish Journal of International Relations. 2011; 10(4): 49-37.