Thousands of girls and women have been raped and subjected to other forms of sexual violence in the Darfur region of Sudan. Inquiries by the Prosecutor of the International Criminal Court identified “high numbers of…mass rapes and other forms of extremely serious gender violence”, and a UN Commission of Inquiry found that these abuses amount to war crimes and crimes against humanity. Since the launch of the ICC the investigation in June 2005, however, authorities in Sudan have publicly refused to comply with ICC requests or otherwise allow the Court to conduct investigations in Darfur.

The situation in Darfur was referred to the ICC by the UN Security Council in March 2005. The ICC is the world’s first permanent court able to hold individuals criminally responsible for genocide, crimes against humanity and war crimes. It can play a unique role in combating impunity for the worst crimes of violence against women.

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In March 2005, the UN Security Council adopted Resolution 1593, referring the situation in Darfur to the Chief Prosecutor of the International Criminal Court (ICC), and requiring the government of Sudan and all other parties to the conflict in Darfur to cooperate fully and provide any necessary assistance to the Court.  The ICC Prosecutor launched the investigation in June 2005. 

In the last year, however, the authorities in Sudan have publicly refused to comply with ICC requests to arrest or surrender suspects, or to allow the ICC to conduct investigations in Darfur. Instead, they have established a national court to try war-related crimes in Darfur, despite persistent failures by the police or prosecutors to investigate these crimes. The treatment of survivors of sexual violence by the Sudanese legal system, including a requirement that women who have been raped must provide four male witnesses, makes it impossible to obtain justice through the national courts.

Sudan has signed, but not ratified, the Rome Statute of the International Criminal Court, and is bound by its signature not to undermine it. Sudan is also required under UN Security Council Resolution 1593 to cooperate fully with the Court.

Ending Violence Against Women – The Role of the International Criminal Court

The ICC’s statute marks the first time in history that serious crimes of violence against women have been explicitly recognized as crimes against humanity and war crimes.  The crimes covered in the Court’s statute include rape, sexual slavery, forced pregnancy and trafficking.

The International Criminal Court, which came into being in 2002, can play a unique role in combating violence against women.  The ICC has adopted rules and procedures to ensure that women survivors are not discriminated against or traumatized in court. For example, the judges and staff of the Court must include women and men, as well as experts on dealing with crimes of sexual violence. The Court also provides protection and support for victims and witnesses, such as reparations to help victims rebuild their lives. National courts should follow these examples.

Nearly half of the world’s countries have already ratified the Rome Statute of the International Criminal Court. All others should do so immediately.

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