The ICC’s Role in Sudan: Peace versus Justice
The ICC’s approach to the Sudan crisis has been flawed because it failed to acknowledge the political implications of its rulings. It has only targeted the ruling elites of the Sudanese government, which poses a problem because these same elite perceive such indictments not as legal edicts but as tools of coercive diplomacy in the international arena. It is very difficult to enforce law in an ongoing conflict, and trade-offs are necessary between short-term deterrence and long-term prevention strategies. In order for ICC jurisdiction to truly have a sway it needs to be credible as a deterrence mechanism, and it should keep track of the political strategies used by various actors to resist a tribunal.
