The ICC and the Culture of Impunity ICC Warrant of Arrest against President Bashir of the Sudan
"The Organisation of African Unity (OAU) member states’ adoption of the African Charter on Human and Peoples’ Rights (ACHPR) in 1981 in Nairobi, Kenya, marked a milestone development in terms of the human rights normative framework on the African continent. Indeed, the ACHPR had by then introduced a conceptual point of departure from the prevailing international concept of human rights, which classified human rights into generations of rights (first generation, second generation and third generation). Notwithstanding this progressive human rights normative framework, the continent has continued to witness colossal and grave human rights violations, especially war crimes, crimes against humanity and genocide. The 1994 Rwanda genocide was a tragic reminder of the Second World War holocaust in Europe in the 1940s, and against which humanity had resolved ‘never again.’ The current reported war crimes, crimes against humanity and genocide in the Darfur region of the Sudan have once again challenged humanity’s resolve: never again. In this respect, the International Criminal Court (ICC), under the United Nations Security Council (UNSC) resolution 1593 mandate, has taken an unprecedented decision by issuing a warrant of arrest against a sitting president, whose country (the Sudan) had signed the Rome Statute of the ICC but withdrew its signature to signal its total rejection of its jurisdiction in the future. This policy brief attempts to provide answers to the following questions: how did Africa reach this human tragedy point? Does the ICC have a mandate to issue a warrant of arrest against a sitting president? What implication, if any, will it have on the human rights situation on the ground and concluded peace agreements (Darfur Peace Agreement (DPA), Comprehensive Peace Agreement (CPA), and Eastern Sudan Peace Agreement (ESPA)) in the Sudan?"