Prosecuting International Crimes in Africa - PULP - University of ...

262 Chapter 12
perpetrators and groups. In relation to its investigation and in furtherance
of the principle of positive complementarity, the OTP plans to ‘facilitate
investigations by [DRC] judiciary and contributions to “dossiers
d’instruction” against perpetrators’. 88 It is argued that this assistance should
not be limited to the DRC but several other places where there are conflicts
and the involvement of the ICC will involve minimal cost and there would
be value-added results. The domestic implementation of the Rome Statute
and the overhaul of the criminal justice system in the DRC and other
countries in Africa should be seen as a vital component of positive
complementarity as it will give states the ability to have national
procedures to hold accountable persons who commit crimes under the
Rome Statute.
3.2 The Darfur conflict and positive complementarity
The conflict in Darfur has attracted local, regional and international
condemnations and led the Secretary General of the UN to set up an
International Commission of Inquiry on Darfur to investigate mass
atrocities committed in the Darfur region of Sudan. 89 The UN Darfur
Report stated that, though the Government of Sudan (GoS) had not
pursued a policy of genocide, 90 single individuals, including government
officials, may have entertained genocidal intent and that it would be for a
competent court to make the determination on a case-by-case basis. 91 The
report further stated that ‘international offences as crimes against
humanity or large scale war crimes may be no less serious and heinous
than genocide’ 92 and recommended that the situation be referred to the
ICC. 93
The report further stated that ‘the Security Council must act not only
against the perpetrators but also on behalf of the victims’ 94 and suggested
the establishment of a Compensation Commission designed to grant
reparation to the victims of the crimes in Darfur, whether or not the
88 ICC ‘Report of the Activities of the Court to the Assembly of States Parties’ Eighth
Session, para 40, ICC-ASP/8/40, 21 October 2009, http://www.icc-cpi.int/NR/
rdonlyres/30DEDD3C-0053-4230-AE19-C14932E0BF7A/0/ICCASP840ENG.pdf
89
(accessed 26 August 2010).
UN ‘Report of the International Commission of Inquiry on Darfur to the United
Nations Secretary-General’, Pursuant to Security Council Resolution 1564 of 18
September 2004, 25 January 2005 http://www.un.org/News/dh/sudan/
90
91
92
93
94
com_inq_darfur.pdf (accessed 20 September 2010) (UN Darfur Report).
Para 518 UN Darfur Report.
Para 520 UN Darfur Report.
Para 642 UN Darfur Report.
Para 569 UN Darfur Report.
Para 649 UN Darfur Report.