United Nations Security Council Votes to Refer Darfur Crimes to International Criminal Court

After weeks of debate, the United Nations Security Council voted on Thursday March 31 to refer possible war crimes committed in the Darfur region of Sudan to the International Criminal Court in The Hague.

The vote ends a stand-off that had pitted most members of the Council, who were in favour of giving the Court jurisdiction over Darfur, against the United States, which opposes the Court and was reluctant to endorse any move that might seem to legitimate it.  In the end, the United States abstained on the vote, along with Algeria, Brazil and China, after having obtained a concession that would ensure that America retained jurisdiction over any alleged crimes committed by its own citizens.

Khartoum, Sudan, April 2, 2005: Some of two thousand demonstrators protest against the U.N. Security Council resolution referring Darfur war crimes suspects to the International Criminal Court. Sudanese hard-liners vowed to defy the resolution saying it was unfair for Sudanese suspects to face The Hague tribunal when Americans are exempt. They want Sudan's judicial system to take charge of any such prosecutions. Photo © AP Photo/Abd Raouf

Acting U.S. Ambassador to the United Nations Anne Patterson had agreed not to veto the resolution because "it is important that the international community speak with one voice in order to help promote effective accountability."  U.N. Secretary-General Kofi Annan welcomed the vote and congratulated " all Members for overcoming their differences to allow the Council to act to ensure that those responsible for atrocities in Darfur are held to account."

Two days before, the Security Council had passed a resolution imposing limited sanctions, including a travel ban and asset freeze, on any individuals who commit war crimes or other atrocities or impede the peace process in Darfur.

The Sudanese government responded angrily to the latest Security Council resolution.  The country's Foreign Affairs Minister Najeeb al-Kheir Abdul Wahab told Reuters that the resolution was "unfair, ill-advised and narrow-minded."

A report released in January by the U.N.-sponsored International Commission of Inquiry on Darfur found that government forces and allied militia groups were responsible for the widespread killing of civilians, rape, torture and destruction of villages.  The Commission recommended that action should “be taken urgently to end these violations” – which it said might amount to crimes against humanity – and strongly endorsed calls for the perpetrators to be brought before the Hague-based International Criminal Court.

A Security Council referral was necessary to give the International Criminal Court jurisdiction over war crimes in Darfur because Sudan is not a member of the Court, which was set up in 2002 to try people accused of war crimes, crimes against humanity and genocide.

Related chapters from Crimes of War: What the Public Should Know:

Ethnic Cleansing

Genocide

Related Links:

Report of the International Committee of Inquiry on Darfur

(.pdf file)

January 25, 2005

Sudan Internet Resources

Rift Valley Institute

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