Abstract

The crisis in Darfur (Sudan), which sparked in February 2003, only caught the United Nations’ attention in Spring 2004. Questions emerged as to whether the conflict between the rebels and the government was simply insurgency warfare or, in fact, concealed a genocide carried out by the Arab, Muslim-led government against the Animist and Christian-African population. The issue became so divisive that the Security Council requested the creation of an investigation team, the International Commission of Inquiry on Darfur, which amongst other tasks had to examine whether genocide had taken place. This article analyzes the facts as well as the legal reasoning that guided the International Commission of Inquiry in drawing the conclusion that a governmental policy to commit genocide had not been formed