The Security Council's Referral of Resolution 1593 (2005) to the Prosecutor of the International Criminal Court: An Applied Study on the Darfur Region

Abstract

This study examines the vital role of the UN Security Council within the framework of the United Nations Charter concerning the maintenance of international peace and security. It focuses on the functional integration between the Council and the International Criminal Court (ICC) in prosecuting perpetrators of atrocity crimes, including genocide, war crimes, and crimes against humanity. The significance of this research lies in analyzing human rights violations and highlighting the issue of "politicization" in handling international cases, particularly the U.S. role in employing international legal mechanisms to serve political agendas.
The study primarily aims to clarify the underlying dimensions of the diplomatic escalation and continuous pressure exerted by the U.S. administration toward the Sudanese government within the context of the Darfur crisis. To achieve these objectives, the research is divided into two sections: the first establishes the conceptual framework for both the Security Council and the ICC, while the second focuses on an applied study of Security Council Resolution 1593 (2005), which referred the Darfur situation to the ICC Prosecutor, alongside an analysis of the legal and political repercussions of this referral.