Comments on the Security Council Referral of the Situation in Darfur to the ICC |
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| Authors: | Condorelli Luigi; Ciampi Annalisa |
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| Institution: | * Professor of International Law, University of Florence; Honorary Professor, University of Geneva; luigi.condorelli{at}unifi.it. ** Assistant Professor of International Law, University of Florence; Ph.D., University of Rome La Sapienza; LL.M. (Harvard); annalisa.ciampi{at}unifi.it. |
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| Abstract: | 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. |
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