The effectiveness of International Criminal Court (ICC) in addressing violations of international human rights law: a case study of Darfur Region of Sudan

Abstract

The purpose of this study is to critically examine the effectiveness of the International Criminal Court (ICC) in addressing international human rights violations, with a particular focus on its impact in Sudan. Established in 2002, the ICC was created in response to global concerns about accountability for severe human rights violations, especially during widespread conflicts. This research aims to provide insights into the effectiveness of international justice mechanisms in addressing such violations and promoting reconciliation in post-conflict societies. Through qualitative research, utilizing document analysis and interviews with key informants, this study explores the ICC’s involvement in Sudan, particularly in the Darfur region. The findings indicate that while the ICC has played a pivotal role in acknowledging and investigating crimes, prosecuting perpetrators, and influencing government attitudes, it has faced significant challenges. These challenges include a lack of state cooperation, security and operational constraints, resource limitations, political influence, and limited participation from victims. Local and regional dynamics, as well as adherence to legal standards, further complicate the ICC's effectiveness. Additionally, the study highlights persistent obstacles in Darfur, including non-cooperation from the Sudanese government, instability in the region, and conflicting perspectives between embassy representatives and human rights law experts. These factors present substantial barriers to comprehensively addressing human rights violations. The study concludes that while the ICC has made important strides in promoting international justice, its effectiveness is hindered by a complex interplay of political, legal, and logistical factors. It recommends enhancing state cooperation, addressing security and operational challenges, and ensuring political neutrality and diplomatic sensitivity to improve the ICC’s role in post-conflict justice and reconciliation.