United Nations Security Council Resolution 1593
United Nations Security Council Resolution 1593, adopted on 31 March 2005, after receiving a report by the International Commission of Inquiry on Darfur, the Council referred the situation in the Darfur region of Sudan to the International Criminal Court (ICC) and required Sudan to co-operate fully. It marked the first time the Council had referred a situation to the Court, and also compelled a country to co-operate with it.
|UN Security Council|
Map of Darfurian villages destroyed in the Darfur conflict (2004)
|Date||31 March 2005|
|Subject||The situation concerning Sudan|
|Security Council composition|
Sudan, which is not a permanent member of the ICC under the Rome Statute, refuses to recognise the court's jurisdiction, stated that "the International Criminal Court has no place in this crisis at all."
The resolution was adopted by 11 votes to none against and four abstentions from Algeria, Brazil, China and the United States. The Algerian representative preferred an African Union-devised solution to the problem, Brazil agreed with the resolution but objected to the U.S. view on selective jurisdiction of the Court, the Chinese representative disagreed with some elements of the ICC Statute and argued for the perpetrators to be tried in Sudanese courts, and the United States objected to some provisions of the Court but overall supported humanitarian interests and the fight against impunity.
Acting under Chapter VII of the United Nations Charter, the Council referred the situation since 1 July 2002 to the ICC and urged all states to co-operate with the Court, whether or not it was party to the Rome Statute. The ICC and African Union were invited to discuss the practicalities of proceedings relating to the conflict, while the ICC was encouraged to promote the rule of law, human rights and combat impunity in Darfur.
The resolution also emphasised the importance of reconciliation, through the creation of truth commissions for example. Nationals from a state other than Sudan which did not recognise the jurisdiction of the Court would instead be subject to the jurisdiction of that state for acts related to Sudan.
- "Security Council refers situation in Darfur, Sudan, to Prosecutor of International Criminal Court". United Nations. 31 March 2005.
- Kohen, Marcelo G.; Caflisch, Lucius (2007). Promoting justice, human rights and conflict resolution through international law. Martinus Nijhoff Publishers. p. 433. ISBN 978-90-04-15383-7.
- ICC prosecutor seeks UN support for arrest of suspected Sudan war criminals, JURIST, 12 June 2010
- Schiff, Benjamin N. (2008). Building the international criminal court. Cambridge University Press. p. 232. ISBN 978-0-521-69472-8.
- Associated Press (1 April 2005). "UN refers Sudanese war crimes suspects to ICC". Khaleej Times.
- Kerr, Rachel; Mobekk, Eirin (2007). Peace and justice: seeking accountability after war. Polity. p. 77. ISBN 978-0-7456-3423-4.
- Works related to United Nations Security Council Resolution 1593 at Wikisource
- Text of the Resolution at undocs.org
- Fourth report of the Prosecutor of the International Criminal Court, Mr. Luis Moreno Ocampo, to the UN Security Council pursuant to Resolution 1593 (2005) at the Wayback Machine (archived January 22, 2009)