The referral of Darfur Situation to ICC and its Suspension

With referral of Darfur situation following the report of the UN Commission of Inquiry, established by the Secretary General pursuant to SC Res. 1564(2004), to ICC prosecutor and issuance of the warrant of arrest against Sudna’s Omar al Bashir by pre-trial Chamber, International Community has faced a great challenge. Sudanese government and its supporters among Arab and African countries and also members of Islamic Conference Organization and some nonpermanent members of the Security Council opposed the warrant saying it would complicate the peace process in Sudan and might pose a threat to the international security. They request to defer the proceedings against Omar al-Basher under article 16 of the ICC. In contrast, ICC prosecutor and some permanent members of the Council as well as U.S. supported the issuance of the arrest warrant against Omar al Bashir and considered the request for suspension unjustified. This paper tries to echo the reactions of the states, international organizations and other international actors and at the same time discuss the possibility of a request by UN Security Council for deferring the proceedings against al Basher.