Sudan 25-09-08.indd

This briefing by the Institute for Security Studies analyzes the legal and political implications of the International Criminal Court's (ICC) July 2008 request for an arrest warrant against Sudanese President Omar Hassan Al-Bashir. The author examines the ICC's jurisdiction over Sudan, the validity of charges including genocide, and the tension between the pursuit of international justice and the stability of the peace process in Darfur.

• The conflict in Darfur is attributed to several systemic failures: the breakdown of traditional dispute resolution, the failure of government-introduced alternatives, regional marginalisation, and the rise of Darfuri politicians capable of challenging the central government.
• While the author notes that claims of genocide in Darfur can be questioned, there is substantial evidence of other grave crimes punishable under international law, specifically war crimes and crimes against humanity.
• The ICC has jurisdiction over crimes in Sudan despite the country not being a member of the court, because the UN Security Council referred the situation to the ICC under the trigger mechanisms of the Rome Statute.
• The author suggests that the timing of President Al-Bashir's indictment by the ICC Prosecutor may have been a mistake, given the fragile state of the Darfur peace process and the legal nexus between peace and justice.
• The African Union (AU) expressed concern that the ICC's application could undermine efforts to resolve the Darfur conflict and requested the UN Security Council to use Article 16 of the Rome Statute to defer the process for a renewable 12-month period.
• The author argues that failing to punish gross human rights violations during armed conflicts can create a cycle of violence where victims take the law into their own hands or perpetrators are emboldened to commit more crimes.
• The author proposes two potential solutions to the current impasse: either the ICC judges should withhold the arrest warrant to use the threat as leverage for peace, or the UN Security Council should suspend the investigation for 12 months via Article 16.
• The author contends that the Sudanese government's recent positive gestures toward the peace process—such as acknowledging grievances and cooperating with UNAMID—are likely strategic maneuvers to show 'good behaviour' rather than a genuine change in policy.

APA

Institute for Security Studies (n.d.). Sudan 25-09-08.indd. https://issafrica.s3.amazonaws.com/site/uploads/SUDANSITREP26SEP08.PDF

Chicago

Institute for Security Studies. Sudan 25-09-08.indd. n.d. https://issafrica.s3.amazonaws.com/site/uploads/SUDANSITREP26SEP08.PDF.

Wikipedia

{{cite report |author=Institute for Security Studies |title=Sudan 25-09-08.indd |url=https://issafrica.s3.amazonaws.com/site/uploads/SUDANSITREP26SEP08.PDF |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{instituteforsecuritystudiesndsudan, author = {{Institute for Security Studies}}, title = {{Sudan 25-09-08.indd}}, institution = {Institute for Security Studies}, url = {https://issafrica.s3.amazonaws.com/site/uploads/SUDANSITREP26SEP08.PDF}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }