Understanding Sudan

A Teaching and Learning Resource

The International Criminal Court and the Darfur Conflict

Michael Kevane
Evan Cauley
Prepared for Understanding Sudan
Sept. 2008

On July 14, 2008 International Criminal Court (ICC) prosecutor Luis Moreno-Ocampo made headlines by
charging Sudanese President Omar Al Bashir with 10 counts of genocide, crimes against humanity, and
war crimes relating to the situation in Darfur since 2003. The ICC had previously indicted and issued
arrest warrants on 27 February for humanitarian affairs minister Ahmad Muhammad Harun and
Janjaweed militia leader Ali Kushayb. Neither has been arrested.

The International Criminal Court

In 1948 the United Nations General Assembly (UN GA) adopted the Convention on the Prevention and
Punishment of the Crime of Genocide, inviting the International Law Commission (ILC) “to study the
desirability and possibility of establishing an international judicial organ for the trials of persons charged
with genocide.” The ILC drafted such a statute in the early 1950s, but progress stalled in the international
environment of the Cold War. It wasn’t until 1989, motivated in part by an effort to curb drug trafficking,
that the UN called on the ILC to continue its work. Conflicts in Bosnia-Herzegovina and Croatia as well
as in Rwanda lent further weight to the idea of an international court, and by 1994 the ILC presented its
final draft statute for an ICC to the UN. The process of transforming this draft into what would eventually
come to be known as the Rome Statute took four years, but in July 1998, at the end of the month-long
Rome Conference, 120 nations voted in favor of the adoption of the Rome Statute of the ICC. It would
take another four years to acquire the necessary 60 ratifications to enter the Rome Statute into force.[1]
The ICC has jurisdiction over a number of crimes. They are:
a) The crime of genocide;
b) Crimes against humanity;
c) War crimes; and
d) The crime of aggression. (RS Article 5)
Each of these crimes is defined in detail in Articles 6 through 8 of the Rome Statute. The ICC has
jurisdiction to prosecute for these crimes when at least one of the following is true:
a) The state to be prosecuted is party to the Rome Statute;
b) The state on the territory of which the crime occurred is party to the Rome Statute;
c) The state of which the person accused of the crime is a national is party to the Rome
Statute;
d) A situation has been referred to the ICC by the UN Security Council. (12, 13)

Regarding (d), in the case in which one or more crimes over which the ICC has jurisdiction has been
committed by, in, or by a national of a state not party to the Rome Statute, the ICC may still prosecute if
the state is a member of the UN and the Security Council of the UN has referred the situation to the ICC
Prosecutor.
The process of bringing an individual to trial for one or more of these crimes occurs over a
number of stages. A situation may come to the attention of the ICC in three ways: by the referral of a state
party to the ICC, by the referral of the Security Council, or by the prosecutor’s own initiation of an
investigation (13). The Prosecutor must analyze the seriousness of the information received and determine
whether there is reasonable basis to proceed with an investigation (15.2). If the Prosecutor determines that
reasonable basis exists, he or she must submit to the pre-trial chamber a request for authorization of an

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investigation (15.3). At any time after initiating the investigation, if the Prosecutor concludes that there is
sufficient basis for a prosecution, he or she will request a warrant for arrest or a summons to appear (58.1,
58.7). Following the appearance of the accused before the court, the Pre-Trial Chamber will hold a
hearing to confirm the charges on which the Prosecutor intends to seek trial (61.1) If the accused cannot
be brought to the court or chooses to be absent, the hearing shall take place in any case (61.2). After the
hearing, the Pre-Trial Chamber will determine if there is sufficient evidence to establish substantial
grounds to believe that the accused has committed the crimes charged (61.1). If sufficient evidence is
believed to exist, the Pre-Trial Chamber will confirm the charges and the accused will be committed to
the Trial Chamber (61.7.a). If the contrary occurs, any warrant issued for the unconfirmed charges will
cease to have effect (61.10). The Pre-Trial Chamber may request the Prosecutor to provide further
evidence for or amend a charge (61.7.c)
There are two important articles contained in the Rome Statute that allow for a trial to be delayed
or not pursued even if there is considered to be sufficient evidence to prosecute. Article 16 allows the UN
Security Council to prevent the Court from investigating or prosecuting a case for a period of 12 months,
renewable every 12 months. Article 53 affords the Prosecutor the discretion to choose to not initiate an
investigation that he or she believes would not serve the interests of justice.

The ICC in Sudan

Sudan has not ratified the Rome Statute and is not party to the ICC. Nevertheless UN Resolution 1593
was passed in 2005 referring the situation prevailing in Darfur since 1 July 2002 to the Prosecutor of the
ICC. On 27 February 2007 ICC Prosecutor Luis Moreno Ocampo made his first indictments, requesting
arrest warrants for state minister for humanitarian affairs Ahmed Haroun and militia commander Ali
Mohamed Ali Abdel-Rahman – also known as Ali Kushayb – on 51 counts of war crimes and crimes
against humanity. The Pre-Trial Chamber issued arrest warrants on 27 April 2007. However the Sudanese
government has refused to recognize the authority of the ICC. Instead, Haroun has been appointed to
additional posts; the first in September 2007 to the post of co-President of the National Committee
(ironically charged with investigating human rights violations in Sudan), and the second in November
2007 to the UNAMID National Monitoring Mechanism Group responsible for overseeing the deployment
of UNAMID forces.[2] Neither man has been brought before the ICC.
Ocampo foreshadowed his second case on 5 June 2008. In a statement to the UN Security Council
he claimed to have “collected compelling evidence” which would “identify those most responsible for
crimes against civilians in Darfur”.[3] Following the statement, speculation of an indictment of President
Bashir began to develop and a debate over the prudence of such a step took form. On 14 July Ocampo
confirmed speculations by announcing his indictment of Bashir on ten counts: three counts of genocide,
five counts of crimes against humanity, and two counts of war crimes.

The Case Against Bashir

The Prosecutor’s case against President Bashir is summarized in two documents from the Office of the
Prosecutor available on the website of the ICC. The first is the Prosecutor’s application to the Pre-Trial
Chamber for an arrest warrant. The second is a statement summarizing this application. Both documents
address the following elements of Ocampo’s charges against Bashir:
1) Description of the charges
2) Evidence for the charges
3) Bashir’s responsibility
4) Bashir’s mens rea

The Charges
The charges laid against Bashir are: for genocide: killing members of the Fur, Masalit and Zaghawa
ethnic groups, causing serious mental harm, and deliberately inflicting conditions of life calculated to
bring about their physical destruction in part; for crimes against humanity: murder, extermination,
forcible transfer of the population, torture, and rapes; and for war crimes: intentionally directing attacks

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against the civilian population and pillaging. Bashir is not charged with physically or directly carrying out
these crimes, but with committing these crimes “through members of the state apparatus, the Army, and
the Militia/Janjaweed in accordance with Article 25 (3)(a) of the Statute (indirect perpetration or
perpetration by means)”.[4] This is not a charge of command or superior responsibility (as in Article 28),
nor is it a charge of ‘conspiracy to commit’ war crimes, crimes against humanity, or genocide (which
cannot be charged as a distinct and separate crime before the ICC )[5]. The crime charged under Article
25 (3)(a) is one of joint criminal enterprise. Article 25 (3)(a) states: “…a person shall be criminally
responsible and liable for punishment for a crime…if that person: Commits such a crime, whether as an
individual, jointly with another or though another person, regardless of whether that person is criminally
responsible” ().
The time period to which these charges refer spans from March 2003 to the date of filing of the
application for Bashir’s arrest, July 14 2008.[6]

The Evidence
Evidence for the charges was collected during 105 missions in 18 countries primarily from eye-witness’
and victims’ statements, recorded interviews of GoS officials, statements taken from individuals who
posses knowledge of the activities of officials and representatives of GoS and of the Militia/Janjaweed,
documents and other information provided by GoS upon request, the report of the UN Commission of
Inquiry (UNCOI), the report of the Sudanese National Commission of Inquiry (NCOI) and other materials
provided by the NCOI, and documents and other materials obtained from open sources.[7] The evidence
contained in the application for Bashir’s arrest and the summary of the application should not be
considered exhaustive accounts of the evidence collected by Ocampo. The object of the Prosecutor’s
application for an arrest warrant is merely to establish substantial grounds to believe that the accused has
committed the crimes charged.[8]
Ocampo supports his claim that members of the Fur, Masalit, and Zaghawa have been targeted by
pointing to the disproportionate percentages of these groups inhabiting refugee and IDP camps. Of
approximately 235,000 Darfurian refugees in Chad, 110,000 are Zaghawa and 103,000 are Masalit.
Within Darfur’s IDP camps, “the Fur represent 50% up to the totality of some IDP camps…” including
approximately 50% Fur in Kalma camp (46 to 50,000), 85% Fur in Hassa Hissa (42,500), 99% Fur in
Hamadiya camp (30,000), 90% Fur in Deleig camp (16,000), and “mostly Fur” in Nertiti (32,000).[9]
Ocampo claims that 98% of land inhabited predominately by the target groups has been attacked.[10] He
further claims that the prosecution has charted all known attacks between 2003-2008, demonstrating that
target groups inhabited the “overwhelming majority” of villages attacked and even that “attackers went
out of their way to spare from attack villages inhabited predominately by…tribes considered aligned with
the government”. [11]
Ocampo justifies his claim of genocide by referring to evidence of killing, serious bodily and
mental harm, conditions of life calculated to bring about the physical destruction of groups, and attacks
within IDP camps, all directed at “an overwhelming majority of members of the target groups”.[12]
According to Ocampo, mental harm is inflicted on victims through rape, “the trauma of being forced to
witness their own homes and possessions destroyed and/or looted and family members raped and/or
killed” (), and the process of learning of the resettlement of their land by members of other
communities.[13] ‘Conditions of life calculated to bring about the physical destruction of groups’ include
the destruction of food, wells, water pumping machines, shelter, crops, and livestock; the spoliation and
settlement by other groups of land; and the pursuit of survivors into inhospitable territory.[14] Finally,
Ocampo claims that circumstances within the camps evince a genocidal plan. These circumstances
include refusal by the government to provide meaningful aid, hindrance of efforts to bring humanitarian
aid (including delaying the delivery of aid and imposing “unnecessary, bureaucratic requirements on aid
workers), blockage of nutritional survey publication, expulsion of relief staff denouncing such acts, and
the denial of visa and travel permits.[15] He also points to the subjection of IDPs in the camps to abuses
(including killing, rape, and other sexual violence) by Militia/Janjaweed stationed outside the camps,
specifying that those attacked are unarmed civilians – not armed rebels within the camps.[16]

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 The evidence regarding conditions within the camps apparently seeks to address the January 2005
UNCOI opinion that genocide would not exist if “the populations surviving attacks on villages … live
together in areas selected by the government…where they are assisted”.[17]
Ocampo spends more time discussing his genocide charges than either his crimes against
humanity or war crimes charges. Of the former he says that “Crimes against humanity are also required to
represent the full extent of activity in Darfur since 2003”, that they have been committed against
“members of the target groups and other, smaller ethnic groups”, but that “while the attacks against
[smaller] groups were carried out on discriminatory grounds, there is insufficient evidence at this time to
substantiate a charge of genocide in respect of these groups”. Regarding the latter, he cites the names of a
number of villages that were sites of pillaging.[18]

Bashir’s Responsibility
Ocampo does not mince words in presenting his case for Bashir’s responsibility for the crimes charged.
He writes of Bashir, “He sits at the apex of, and personally directs, the state’s hierarchical structure of
authority and the integration of the Militia/Janjaweed within such a structure. He is the mastermind
behind the alleged crimes. He has absolute control” ... “Al Bashir controls and directs the perpetrators.
The commission of those crimes…the targeting of civilians…the impunity enjoyed by perpetrators, and
the systematic cover-up of crimes…are evidence of a plan based on the mobilization of the state
apparatus, including the armed forces, the intelligence services, the diplomatic and public information
bureaucracies, and the justice system”.[19] In particular, Ocampo focuses on Bashir’s appointment of key
personnel to implement crimes, especially Ahmed Haroun. “On various occasions,” he writes, “Ahmad
Harun publically acknowledged his mission to destroy the target groups, stating that Al Bashir had given
him the power to kill whomever he wanted and that “for the sake of Darfur they were ready to kill three
quarters of the people in Darfur so that one quarter could live.””.[20]

Bashir’s mens rea

The mens rea, or ‘criminal intent’, of Bashir is inferred from the utterances of perpetrators during attacks
(recalled by victims) in addition to “the systematic targeting of victims based on their [ethnicity]; the
actual destructions; the deliberate failure to differentiate between civilians and persons of military status;
the perpetration of acts which violate the very foundation of the groups [e.g. rape and expulsion from
land]…the sophisticated strategy of concealing crimes; and the evidence of a plan”. Writes Ocampo:
“Assessed against all those factors, the only reasonable inference available based on the evidence is that
Al Bashir intends to destroy substantial parts of the Fur, Masalit, and Zaghawa groups, as such”.[21]

Controversy Over the Indictment

The process that has begun with Ocampo’s indictment of Bashir is certain to pose many challenges.
Advocates of the decision believe that the benefits of indicting Bashir are worth the difficulty of
achieving them, but critics question Ocampo's approach and contend that his timing threatens an already
tenuous peace. Deferral of the case under Article 16 remains a possibility and is generally sought by
critics of Bashir’s indictment.

Concerns About the Prosecutor’s Timing

Concerns about the timing of Bashir’s indictment generally follow the heuristic of “justice at the cost of
peace”. Many fear that seeking to punish Bashir for his crimes while he remains in office will complicate
efforts to achieve peace and stability politically. Michael Davies echoed a sentiment shared by many
regarding the stability of GONU when he posed the question, “How can the SPLM participate in a
presidency with a counterpart for whom there is an arrest warrant and an indictment for war crimes?”[22]
In the same posting on the SSRN blog Making Sense of Darfur, he went on to hypothesize that the effect
of the looming indictment would be to alter the NCP’s political strategy from the current multi-year
process of democratization and normalization enshrined in the CPA to one of short term survival
characterized by increased recalcitrance and hard-liner policies. Celia McKeon noted that “punitive

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international action can often entrench the symbolic politics of conflict” as well.[23] These concerns are
shared ostensibly by various governments and international organizations. Among these, China, the
African Union (AU), and the Arab League have all criticized the indictment of Bashir roundly, including
in their objections concerns about the stability of the peace process.[24] Secretary General of the UN Ban
Ki Moon said prior to the July 14 that he was “very worried” by the possibility of Sudan’s president being
indicted and that "it would have very serious consequences for peacekeeping operations including the
political process" (although he also said that in principle peace and justice should go hand in hand).[25]
Even Sudan’s opposition parties have issued statements objecting to the indictment. The Umma Party has
stated, “If any indictment is issued about the head of state this will create a constitutional collapse in
Sudan.”[26] The Democratic Unionist Party (DUP) has said that the indictment “will reflect very badly on
the peace process in Darfur and in the south” and that “[it] must be stopped and we must look for another
compromise.”[27] From the NCP itself, vice president Ali Osman Taha has stated, “We can’t go along
with implementing the CPA or other agreements with a president that is subject to international trial”.[28]
The political implications for peace of indicting Sudan’s sitting head of state engender one set of
fears related to Bashir’s indictment. A separate but related fear is that Bashir will lash out violently
against AU-UN peacekeepers, humanitarian workers, and his own people. Prior to Ocampo’s official
announcement on 14 July, UNAMID feared this possibility enough to evacuate non-essential personnel
from Darfur.[29] Predictions of a violent outburst were put forth by numerous commentators prior to July
14, including Alex de Waal and former US Special Envoy for Darfur Andrew Natsios. De Waal
commented, “It is precisely because this is a man with a proven record of inflicting extreme violence on
his own population that you have to be very careful when antagonizing him”.[30] International Crisis
Group expressed concerns about an increase in violence as well.[31] In spite of these concerns, the
announcement on July 14 produced no major outbreaks of violence. On the contrary, Davies has
described the government’s reaction as a ‘charm offensive’.[32] Nevertheless, both he and de Waal warn
that the moment of truth did not pass with Ocampo’s July 14 announcement, but will arrive upon either
the issuance of an arrest warrant for Bashir or a clear signal regarding the Security Council’s decision on
whether or not to invoke Article 16.[33] Fears of a violent outburst persist particularly in light of thinly-
veiled threats from the NCP. Although the NCP has made statements indicating its commitment to
cooperate with the UN, it has also sought to raise the specter of instability. Days prior to July 14, Abdel-
Mahmood Mohamed, Sudan’s Ambassador to the UN, warned, “All options are open for us. All reactions
are open … The limit is the sky.”[34] Vice president Taha was reported on July 15 saying “nobody can
guarantee full security because this announcement will definitely lead to a series of actions and reactions
that may impede or have negative impacts.”[35] Bona Malwal, advisor to Bashir, warned that
international peacekeepers would be the second casualty of an arrest warrant for Bashir (following
international operations in Darfur).[36]

Concerns About the Prosecutor’s Approach

Ocampo’s timing is not the only feature of Bashir’s indictment that has led to controversy; his approach
has drawn scrutiny as well. Julie Flint, while acknowledging that Sudan’s leaders have committed many
crimes, has written that “unless the prosecutor is moving away from assertions about a two-stage plan to
destroy entire communities, he may be about to indict them for one they didn’t [commit].”[37] The
concerns regarding Ocampo’s approach to Bashir’s indictment have to do with the allegations themselves.
Some question whether his description of the situation in Darfur is entirely accurate and, if it is not,
whether that may hurt his case. Flint raises cautionary notes for the following elements of Ocampo’s
characterization of the situation in Darfur:
1) His apparent use of hyperbole in characterizing the “entire Darfur region” as a “crime
scene”;
2) His portrayal of conditions within the IDP camps;
3) His portrayal of the security situation in and around the camps;
4) His accusation that “destitution is organized”;
5) His claim that the commission of crimes in Darfur “has required the sustained

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 mobilization of the entire state apparatus”.

Regarding (1) and (5), Flint and others are worried that Ocampo has substituted provocative
imagery for verifiable facts. Flint points to plans to develop humanitarian activities in villages spared
from destruction (as a means of counteracting the ‘pull-factor’ of the camps) as plain evidence that all of
Darfur is not a crime scene.[38] As for Ocampo’s claim that the commission of crimes in Darfur “has
required the sustained mobilization of the entire state apparatus”, Flint asserts that the image of the
Sudanese state as “an efficient and coordinated machine with all its parts operating in pursuit of a single
objective” is one that “few who have lived in Sudan would recognize”.[39] De Waal has criticized in like
fashion Ocampo’s portrayal of Bashir as having total command over the organs of the state.[40]
Regarding (2), (3), and (4), Flint draws heavily from an MSF (Doctors Without Borders/Médecins Sans
Frontières) report (accessible here) that describes humanitarian conditions and dilemmas in Darfur. While
recognizing fully the “degrading, dangerous, and dehumanizing” conditions of IDP camps,[41] she finds
Ocampo’s position that conditions within IDP camps are a calculated to facilitate genocide unconvincing.
The MSF report cites UN agency and Sudanese government surveys that report that crude and under five
mortality rates are below emergency thresholds and dropping and reports that without registration or
payment, water, immunization, primary and secondary health care, nutrition supplements for pregnant or
nursing women and moderately undernourished children, public latrines, trash collection, vector control,
primary school or kindergarten, and detection and early response to epidemics are all available in the
camps.[42] Flint cites MSF as characterizing primary health services in the camps as “mediocre, but not
disastrous”.[43] She also argues that the rising and above-emergency-threshold malnutrition rates are not
solely the fault of government obstruction of humanitarian work, but are also due in part to shortcomings
within the aid system itself – in particular “its inflexibility, refusal to register part of the new arrivals in
camps, and failure to reach those most in need”.[44] Regarding the security situation in and around the
camps, Flint contends that it is more complicated than it appears at first glance. Drawing on an excerpt
from the MSF report which claims that “army, police, and paramilitary rarely venture into the camps”
which are “patrolled by youth placed under [the rebels’] authority” and “tightly controlled
politically”,[45] Flint claims that the government has placed militia forces outside the camps because the
camps are filled with “angry populations that are beyond its control”, not because it is intent on
destroying the communities.[46] This does not directly address Oampo’s contention that civilians, rather
than rebel forces, are attacked by the militia’s, but it raises the question of whether militia presence
outside of camps evinces a genocidal scheme.
The implication of the skepticism shared by Flint and others is that Ocampo has “over-extended”
his case by attempting to characterize the post 2003-2004 period (that is, the period following the heavy
violence of 2003-2004) as a pre-meditated ‘second phase’ of a genocidal agenda orchestrated by Bashir.
The strong statements that he has made in implicating Bashir and interpretation of the government’s
actions as a two-stage genocide have prompted concern amongst those who otherwise agree that Bashir
deserves to be sentenced in a court of law. They worry that by framing his case in such a manner,
Ocampo will have a difficult time proving it in court.

Support for Bashir’s Indictment

Supporters of Ocampo’s decision to prosecute Bashir emphasize a number of positive effects that will or
may result from the process. They point out that an arrest warrant for Bashir would:
1) contribute to long-term stability by sending a clear signal to future leaders about
impunity;
2) provide the UN, SPLM, and opposition parties with a point of leverage in negotiations;
3) possibly encourage moderates within the Sudanese government to oust Bashir from
office; and
4) begin to provide justice to those who have suffered at the hands of Bashir’s regime.
David Crane, former Chief Prosecutor against Charles Taylor of Liberia, has commented that
concern about the destabilization of Sudan is a short-term perspective and that the indictment of Bashir

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will form the cornerstone by which true peace may be achieved.[47] In a similar vein, Chad Hazlett’s
article A Long-term, Much Needed Shift in Norms Weighed Against Short-term Instability argues that
“short-term negative consequences, while entirely reasonable, do not justify worsening…long-term
prospects for obtaining a justice system that actually works”.[48] He suggests that the fear of subsequent
indictments will pressure politicians and rebels to facilitate peace.[49] He also points out that inaction
may simply prolong the status quo, writing, “The current state of affairs does not inspire confidence that
peace or security will be achieved so long as the quest for justice does not interfere. The political process
has failed to a greater degree than most predicted ... In short, it is not clear that any process is “on the
rails” in order for it to be derailed.”[50]
Leverage stemming from the indictment of Bashir has been recognized as a tool to be used in
negotiating the peace process. John Prendergast, co-founder of the Enough group, has said of the peace
process, “Everyone knows what the issues are that need to be addressed. What has been missing is
leadership and leverage. Suddenly, we have one of the two.”[51] Michael Davies has suggested that the
indictment of Bashir in conjunction with use of Article 16 could hold the NCP on “probation”.[52]
Hazlett makes this point as well, but tempers it by questioning whether Bashir would be willing to make
political deals in return for impunity that could only be guaranteed one year at a time.[53] Discussion has
also circulated of using Bashir’s indictment as leverage to secure the arrests of the two other ICC’s targets
in Sudan: Ahmed Haroun and Ali Kushayb.[54]
The possibility that moderates (and/or non-moderates) in the government might see Bashir as
expendable has been proposed by Omer Ismail and M.W. Daly.[55] Politicians and army officers eager to
extricate themselves from Bashir, and possibly wishing to prevent Sudan from plunging into chaos, could
attempt to oust Bashir from office. As Daly points out, it would be easy for a successor government to
blame the atrocities on the former regime and “the international community’s willingness to support such
a new government…in an announced attempt to open new talks…would help it to solidify its position in
Khartoum”.[56]
Finally, the importance of justice itself for the victims of Bashir’s policies constitutes an
argument in favor of Ocampo’s indictment of Bashir. Human rights activists have typically been the most
vocal in championing the importance of justice for the victims of violence committed under Bashir’s
regime. Foregoing the current opportunity to put Bashir on trial would risk undermining the tragic events
and circumstances imposed on civilians by agents of Bashir.

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de Waal, Alex. “All Quiet in Sudan?.” Making Sense of Darfur, July 17, 2008.
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Footnotes

[1] “History of the ICC.”

[2] Porteous, “Enabling atrocity | Comment is free | guardian.co.uk”; Hoge, “Prosecutor at war crimes
court urges UN to put more pressure on Sudan.”

[3] “Statement by Mr. Luis Moreno Ocampo to the United Nations Security Council 5 June 2008.” pg 2.

[4] Moreno-Ocampo, “Summary of the Case: Prosecutor's Application for Warrant of Arrest under
Article 58 Against Omar Hassan Al Bashir.” pg 1.

[5] Meierhenrich, “What if Ocampo Indicts Bashir? 6, Part 1 of 2.” par. 7.

[6] Moreno-Ocampo, “Summary of the Case: Prosecutor's Application for Warrant of Arrest under
Article 58 Against Omar Hassan Al Bashir.” pg 2.

[7] Ibid. pg 2.

[8] “Rome Statute.” Articles 58.1.a, 58.2.d

[9] Moreno-Ocampo, “Summary of the Case: Prosecutor's Application for Warrant of Arrest under
Article 58 Against Omar Hassan Al Bashir.” pp 4-5.

[10] Moreno-Ocampo, “Prosecutor's Statement on the Prosecutor's Application for a Warrant of Arrest
under Article 58 Against Omar Hassan Al Bashir.” pg 3.

[11] Moreno-Ocampo, “Summary of the Case: Prosecutor's Application for Warrant of Arrest under
Article 58 Against Omar Hassan Al Bashir.” pg 3.

[12] Ibid. pp 5-7.

[13] Ibid. pp 5-6.

[14] Moreno-Ocampo, “Summary of the Case: Prosecutor's Application for Warrant of Arrest under
Article 58 Against Omar Hassan Al Bashir”; Moreno-Ocampo, “Prosecutor's Statement on the
Prosecutor's Application for a Warrant of Arrest under Article 58 Against Omar Hassan Al Bashir.” pg 4.

[15] Moreno-Ocampo, “Summary of the Case: Prosecutor's Application for Warrant of Arrest under
Article 58 Against Omar Hassan Al Bashir.” pp 6-7.

[16] Ibid. pg 7.

[17] “Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-
General.” 515.

[18] Moreno-Ocampo, “Summary of the Case: Prosecutor's Application for Warrant of Arrest under
Article 58 Against Omar Hassan Al Bashir.” pg 7.

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[19] Ibid. pp 1, 7.

[20] Ibid. pg 8.

[21] Ibid. pg 9.

[22] Davies, “What if Ocampo Indicts Bashir? Worst Case Scenaro.” par. 4.

[23] McKeon, “What if Ocampo Indicts Bashir? 8.” par. 4.

[24] “BBC NEWS | Africa | Sudan 'will block genocide case'”; “China says heed fears about Bashir
genocide charges | World | Reuters”; “Arab League slams ICC prosecutor.”

[25] “SudanTribune article : UN chief denies promising Sudan president to press ICC prosecutor.”

[26] McDoom, “Sudan opposition warn ICC Bashir warrant threatens peace.”

[27] Ibid.

[28] “SudanTribune article : Sudan looks to block ICC move, pledges UN cooperation.”

[29] Bone, “UN troops brace for Sudan attacks as Omar al-Bashir faces genocide indictment - Times
Online.”

[30] Edwards, “World alert for backlash from Sudan's leader.”

[31] “International Crisis Group - New ICC Prosecution: Opportunities and Risks for P.”

[32] Davies, “The Case for a Deferment Under Article 16.” par. 3.

[33] de Waal, “All Quiet in Sudan?.” par. 15.

[34] Bone, “UN troops brace for Sudan attacks as Omar al-Bashir faces genocide indictment - Times
Online.”

[35] “AM - Sudanese Government rejects court proceedings.”

[36] “The Canadian Press: Sudan says aid workers might not be safe if arrest warrant issued for
president.”

[37] Flint, “Darfur’s Crime Scenes.” par. 1.

[38] Ibid. par. 1

[39] Ibid. par. 7

[40] de Waal, “Moreno Ocampo’s Coup de Theatre.” par. 6

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[41] Flint, “Darfur’s Crime Scenes.” par. 4

[42] Weissman, “Humanitarian Dilemmas in Darfur.” pp 5-6

[43] Flint, “Darfur’s Crime Scenes.” par. 4

[44] Ibid. par. 6

[45] Weissman, “Humanitarian Dilemmas in Darfur.” pp 3-4

[46] Flint, “Darfur’s Crime Scenes.” par 5

[47] De Capua, “Former Charles Taylor Prosecutor Praises ICC Action Against Sudanese President.”

[48] Hazlett, “A long-term, much needed shift in norms weighed against short-term uncertainty.” par. 1.

[49] Ibid. par. 3.

[50] Ibid. par. 4.

[51] Simons and Gettleman, “Sudanese President Accused of Genocide - International Justice - Global
Policy Forum.”

[52] Davies, “The Case for a Deferment Under Article 16.” par. 7.

[53] Hazlett, “A long-term, much needed shift in norms weighed against short-term uncertainty.” par. 3.

[54] Charbonneau, “Sudan's Bashir could escape ICC indictment - diplomats | World | Reuters.”

[55] Ismail, “What if Ocampo Indicts Bashir? 1” Par. 3; Daly, “A Disaster in the Making: Response by
M. W. Daly.”

[56] Daly, “A Disaster in the Making: Response by M. W. Daly.”

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