Dilemma?

The ICC Prosecutor Mr. Luis Moreno Ocampo has reported to the UN Security Council that Sudan is not complying with the SC resolution 1593 adopted on March 31 2005 and is not cooperating with the investigation of the Court. As he says here:

In Darfur in 2003 - 2004, we witnessed the first phase of the criminal plan coordinated by Ahmad Harun. Millions of people were forced out of their villages and into camps. In the second phase – happening right now in front of our eyes –Ahmad Harun is controlling the victims inside the camps, controlling their access to food, humanitarian aid and security; attacks against the civilians and the displaced in particular take multiple forms; women are raped; emerging local leaders are targeted; the displaced are surrounded by hostile forces; their land and homes are being occupied by new settlers. The rationale is the same as before: target civilians who could be rebel supporters.

These people who are behind these atrocities have not been arrested and are continuing their actions with impunity. Pursuant to the resolution, the case of Darfur was referred to the ICC for investigation and monitoring as early as in 2002. Sudan was expected to comply with all the measures taken by the ICC. This is an example where the UN and international tribunals sit there and wonder what is the next step, when state parties or non-state parties refuse to comply with resolutions or the prerogatives of the international humanitarian law.