Sudan: What Implications for President Al-Bashir’s Indictment by the ICC?

"This Situation Report looks at this delicate issue with a view to identifying, at least, a few possible scenarios of how to deal with the matter under discussion. To do so, it first provides a brief overview of the conflict situation and the peace process in Darfur since that conflict began on a large scale in early 2003, for this is important for understanding the fears that some have expressed about possible ramifications of the ICC’s move on the ground in Darfur. It then, secondly, looks in some detail at the move by the Prosecutor of the ICC and puts this in its proper judicial and procedural contexts in light of the Rome Statute.As the Sudanese authorities deny the charges of the Prosecutor and maintain that the Court does not have any jurisdiction over Sudan because Khartoum has not ratified the Rome Statute, the third section ponders the issue of the ICC’s jurisdiction over non-State Parties and Sudan in particular,and looks at the charges in question."