Comments on the Security Council Referral of the Situation in Darfur to the ICC

Recently, the United Nations (UN) Security Council (SC) decidedto refer the situation in Darfur to the International CriminalCourt (ICC), following the suggestion of the UN Commission ofInquiry established by the Secretary-General pursuant to SCRes. 1564 (2004). The authors discuss four main problematicissues raised by the first SC referral of a situation to theICC. First, they emphasize that States Parties to the ICC andnon-States Parties have different obligations to cooperate withthe Court, irrespective of the adoption of a SC Resolution.Secondly, they discuss the question of immunity granted to nationalsof non-States Parties. Thirdly, the puzzling reference containedin the SC Resolution to exemption agreements is commented upon.Finally, the paper concludes with a criticism of the lack ofany measure providing for compensation to victims.