1. Human Rights Abuses The Case of Darfur

2. Int’l Human Rights Pre-WWII State’s treatment of its own citizens  Historically considered domestic affair  Territorial sovereignty No concept of international human rights  Political-economic reasons Minorities, ILO, slavery, war Individual welfare confined to state system  International concern when spilled over borders

3. Int’l Human Rights Post-WWII Nuremberg trials  Crimes against humanity (6.(c))  Official position does not confer immunity (7) U.N. Charter  Goals of the UN includes human rights (1.3)  Promotion of human rights (55, 56) Universal Declaration of Human Rights  Defined a variety of rights  Standards of achievement

4. The International Covenants Binding treaty obligations Civil and Political Rights  Self-determination, discrimination, right to life, torture, slavery, procedural rights, association, assembly Economic, Social, and Cultural Rights  Right to work, join trade unions, social security, standard of living, education  Progressive achievement

5. The Situation in Darfur Conflict started in February 2003 Government, Afro-Arab militia (janjaweed) Rebel groups SLM/A, JEM Systematic campaign against civilian population Casualty estimates from 6,000 to 300,000 Civilian displacement, massacres, rapes  2 million internally displaced  More than 250,000 fled to Chad

6. International Reactions to Darfur UNAMID peacekeeping  UNSC Resolution 1769  16,402 military and police personnel  Poorly equipped, hobbled logistics, limited mandate, hostility from Sudan government International outcry, aid, advocacy

7. Genocide in Darfur? International Commission of Inquiry  Violation of int’l human rights amounting to crimes Civilian killings, torture, destruction, sexual violence, pillaging, forced displacement  No genocidal policy  Recommended referral to ICC

8. International Criminal Liability The ICC’s Case Against the President of Sudan

9. International Criminal Court Rome Treaty  Entry into force in 2002, after 60 ratifications  Court opened in 2003 18 judges, one non-renewable 9-year term Prosecution  Proprio motu: Requires reasonable basis  Referral by state  Referral by Security Council

10. Crimes Under ICC Jurisdiction Genocide Crimes against humanity  No nexus to armed conflict War crimes  Armed conflict, including non-international Crime of aggression  Needs to be defined

11. The ICC Indictment of Al-Bashir SC Resolution 1593, Statute 13(b) Prosecutor’s indictment in July 2008 Arrest warrant sought

12. The Counts Against Al-Bashir Genocide  Killing, infliction of harm, conditions of life  Pre-Trial Chamber disagreed War crimes  Targeting civilians, pillaging villages Crimes against humanity  Murder, rape, forcible displacement, extermination

13. Discussion Questions Is there a tension between justice and peace? What are the pros and cons you see to the prosecution of al-Bashir? Does the Rome Statute acknowledge such a tension? What provision addresses it? Is criminal prosecution a way to ensure compliance with international law? Whty or why not?