Desafios da atuação do tribunal penal internacional no Sudão

Abstract

This work proposes to examine the developments of the International Criminal Court (ICC) investigations in Sudan regarding Darfur conflict since the United Nations Security Council referred the situation in 2005. As ICC's actions are part of a movement of creation, strengthening and expansion of an international criminal jurisdiction aimed to put an end to impunity for the most serious international crimes, a historical analysis of the development of international criminal law was carried out highlighting the main precedents of the ICC. Besides that, the main aspects of the Rome Statute and the functioning of the ICC are also discussed. The second part of the work focuses on a historical analysis to contextualize the conflict in Darfur, aiming to understand the roots of this conflict and the role of the Sudanese government in it. Finally, a brief analysis is made of the ICC's performance, highlighting the main results of the investigations started in 2005. From these results, some challenges about the ICC’s performance are highlighted and how they can be approached from the management perspectives that involve compliance and enforcement.