Peace and Justice, or Neither? : The Repercussions of the Al-Bashir Case for International Criminal Justice in Africa and Beyond

The Prosecutor of the International Criminal Court's (ICC) application for an arrest warrant against Sudan's President al-Bashir has brought to the fore the tensions inherent in the distinctive roles of the UN Security Council and the ICC in furthering peace and justice. The al-Bashir case raises important questions about the legality and policy aspects of a deferral pursuant to Article 16 of the Rome Statute. The decision by the African Union, prompted by its calls for a deferral, to set up a High-Level Panel on Darfur to recommend African solutions on how best to achieve justice and reconciliation has added a further regional dimension to the debate. The developments in the al-Bashir case have potentially far-reaching repercussions for the institutional policies and efficacy of the respective bodies in pursuing justice and accountability, as well as for the future course of international criminal justice, particularly in Africa