Dissertation/Thesis Abstract

The International Criminal Court and Justice for Darfur: The Prosecution of Sudanese President Omar al-Bashir
by Lee, Katherine Kim, M.A., The American University of Paris (France), 2009, 63; 10305770
Abstract (Summary)

The International Criminal Court issued an arrest warrant for Sudanese President Omar al-Bashir in March 2009 for crimes against humanity and war crimes, with the possibility of genocide included in response to the atrocities that have occurred in Darfur. By issuing an arrest warrant for a current head-of-state, the International Criminal Court took a large step forward in exercising its jurisdiction in order to pursue justice. Opponents of the arrest warrant, however, argued that the arrest warrant will hamper the prospective for peace in Darfur and demanded that the United Nations defer the arrest warrant by utilizing Article 16 of the Rome Statute. Conversely, advocates of the arrest warrant determined that the pursuit of peace will not be achieved without justice. The purpose of this present thesis is to carefully layout the background of the arrest warrant from the very beginning in order to fully examine the steps towards this decision and what this arrest warrant entails for Darfur. The history of the conflict in Darfur, in addition to the creation of the International Criminal Court and its foundations such as universal jurisdiction is examined followed by the legal steps towards the arrest warrant. This thesis will propose that despite the validity of trying to lower the impact of harm in Darfur by deferring the arrest warrant, justice should be pursued for long-term peace prospects. President al-Bashir is playing with the lives of his own people in order to sway the international community to defer the arrest warrant, rather than attempting to stop the atrocities in Darfur. Therefore, despite the valid arguments to defer the arrest warrant, justice needs to be forcefully enacted in order to bring lasting peace to Darfur.

Indexing (document details)
School: The American University of Paris (France)
Department: International Affairs, Conflict Resolution and Civil Society Development
School Location: France
Source: MAI 56/02M(E), Masters Abstracts International
Subjects: Modern history, International law
Keywords: Bashir, 'Umar Hasan Ahmad, Crimes against humanity, International Criminal Court, Sudan, War crimes
Publication Number: 10305770
ISBN: 9781369493344
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