Lack of Conviction
The Special Criminal Court on the Events in Darfur

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Executive Summary

Part I: The SCCED

Events Leading to the Establishment of Special Criminal Court on the Events in Darfur
Framework for Prosecution of Crimes in Darfur
The Legal Basis for the SCCED
The SCCED in Action: Judging Ordinary Crimes, Not Crimes against Humanity

Part II: The Obstacles

Legal Framework

Lack of proscription in the substantive law
Prosecuting on the basis of command responsibility
Scope of immunities
Legal impediments for prosecution of rape

Procedural Rights

Access to counsel
The right against self-incrimination
Admissibility of coerced statements

The Death Penalty and Corporal Punishment
Practical Obstacles: Lack of Political Will
Treatment of Witnesses and Victims of Sexual Violence

Conclusion

June 2006   Number 1