On 31 March 2005 the Security Council made its first referral to the International Criminal Council (‘the ICC’). The Council referred the situation in Darfur to the Prosecutor of the ICC. Given the USA's stated opposition to the ICC, that there was a referral at all could be seen as a triumph for the Court.s supporters. However, Security Council Resolution 1593 has a number of problematic features. Its genesis was long and convoluted, and it has been seen by some as a substitute for effective action by the United Nations to end the humanitarian crisis and systematic atrocities being committed in Darfur.
* Reader in Law, University of Hull.