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Abstract

The fall of President Al-Bashir in 2019 was a turning point in the Darfur conflict that happened for more than 17 years in Sudan. The conflict has forced 2.5 million people away from homes and killed at least 500,000 people. The humanitarian conflict and crisis are motivated by the inter-ethnic conflict in Sudan. With orders from the U.N. Security Council, on March 4, 2009, at The Hague, the International Criminal Court (ICC) issued an arrest warrant for President of Sudan, Omar Hassan Al-Bashir, on charges of war crimes and crimes against humanity in Darfur. The purposes of the study are to understand the factors behind the Darfur conflict, to understand how effective the Sudanese national judicial system is, and the jurisdiction of ICC in resolving Darfur conflict. The study is normative legal research through literature review with the existing books and journals. Two approaches of normative legal research were used, namely statutory approach and case approach. The result shows that Sudan National Court is ineffective in resolving the conflict and has no willingness to settle the conflict. Furthermore, ICC has jurisdiction to settle the Darfur conflict by order of United Nation Security.

Keywords

International Criminal Court Sudanese National Judicial System Darfur conflict

Article Details

Author Biographies

Yordan Gunawan, Universitas Muhammadiyah Yogyakarta

Yordan Gunawan is the Director of International Relations Office of Universitas Muhammadiyah Yogyakarta, Indonesia. He also a Senior Lecturer at the Faculty of Law. He received Bachelor’s degree from Universitas Muhammadiyah Yogyakarta and continued his study at the National Cheng Kung University, Taiwan, Republic of China. Yordan also finished his study at the Graduate Institute of International Studies, Geneva, Switzerland where he got certificate on International Human Rights and Humanitarian Law. His research fields are: Public International Law, International Disputes Settlement, Law of International Organization, and International Environmental Law.

Yordan is also serves as a Chairman of Association of International Offices of Muhammadiyah Higher Education Institution where he leads more than 70 International Offices in Indonesia. Yordan can be reached at yordangunawan@umy.ac.id.

Ayu Mega Rakhmawati, Universitas Muhammadiyah Yogyakarta

Ayu Mega Rahmawati is a Student of International Program for Law and Sharia (IPOLS), Faculty of Law, Universitas Muhammadiyah Yogyakarta

Salma Rahmi Pratiwi, Universitas Muhammadiyah Yogyakarta

Salma Rahmi Pratiwi is a Student at the International Program for Law and Sharia (IPOLS), Faculty of Law, Universitas Muhammadiyah Yogyakarta.

Ayu Nopiyaranie, Universitas Muhammadiyah Yogyakarta

Ayu Nopiyaranie is a Student at the International Program for Law and Sharia (IPOLS), Faculty of Law, Universitas Muhammadiyah Yogyakarta.

Fatimah Nuraini, Universitas Muhammadiyah Yogyakarta

Fatimah Nuraini is a Student at the International Program for Law and Sharia (IPOLS), Faculty of Law, Universitas Muhammadiyah Yogyakarta.

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