Redefining international criminal law: The ICC's path to justice in Darfur

Despite arguments that the International Criminal Court (ICC) should refrain from taking criminal action against President Al-Bashir of Sudan for his connection to the conflict in Darfur, I argue that the court should attempt to prosecute President al-Bashir or else risk being seen as an impotent and ultimately unnecessary institution. I answer critics that worry about the vulnerability of the court---should the ICC's warrant for al-Bashir's arrest be met with resistance. I also address issues raised with regards to peace, non-judicial alternatives to justice, complementarity, and other political concerns that have been raised in response to prosecuting international crimes in the ICC. My overall aim is to lend support to the continued existence of the International Criminal Court and give credence to its function as a necessary judicial institution.