Does the Security Council have the power to take away the prosecutors and the ICCs authority?
The Rome Statute gives the Security Council authority to defer an investigation or prosecution for 12 months. But in the case of Darfur, the Council in 2005 deemed Darfur a threat to international peace and security. A deferral would seem inconsistent with that finding. A deferral would not wholly stop the prosecutor’s efforts, since it would have to be renewed each year. 8. Will there be any more arrest warrants dealing with Darfur? The ICC is mandated to try persons for all crimes in Darfur, if the alleged crimes meet the “gravity” threshold and if they occurred after July 2002. It is possible the prosecutor will seek additional warrants, and they may be for rebel leaders if they have been involved in Rome Statute crimes. Until now, most of the ICC’s arrest warrants have been against militia leaders rather than state actors, including several militia leaders from the Democratic Republic of Congo, Joseph Kony of the Lord’s Resistance Army of Uganda and Ali Kushayb, a janjaweed leader
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