Applying the Conditions Required for the Complementary Role of the International Criminal Court on the Case of Sudan

This paper delves into the necessary conditions for the International Criminal Court (ICC) to serve a complementary role in cases where a state is unable or unwilling to prosecute. It assesses the criteria for determining the applicability of these cases to the situation in Sudan before the International Criminal Court. The paper examines the evolution of international criminal law and its connection to individuals under public international law. It also evaluates the issue of inability by analysing Sudan's legal system in terms of legislative competence, the professional competence of legal professionals, and the impartiality of the judiciary. In addition, the paper addresses the issue of unwillingness by examining the circumstantial evidence presented in the behaviour before, during, and after the events leading to the referral of the lawsuit to the International Criminal Court Prosecutor.