This Article 15 Communication argues that, while Sudan is not a State Party to the Rome Statute, the ICC may exercise jurisdiction over crimes in Sudanese territory or committed by Sudanese nationals where the United Nations (“UN”) Security Council refers a situation to the Prosecutor. In March 2005, the Security Council referred the situation in Darfur, Sudan to the OTP pursuant to Resolution 1593. This Communication concludes that based on the conduct encompassed by the Resolution, the Court’s jurisprudence and own interpretation of the territorial and temporal parameters of situations, and the design and purpose of the Security Council referral mechanism, Resolution 1593 provides jurisdiction over crimes committed post-April 2023 in Darfur and other regions of Sudan, insofar as there is a sufficient link between the situation referred in the Resolution and the crimes alleged in this Communication.

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The facts presented show longstanding discrimination against non-Arab groups, including entrenched hierarchies dating back to slavery, post-independence marginalisation, and earlier civil wars. Since April 2023, atrocities by both the RSF and SAF have been documented in West Darfur, Gezira State, and South Kordofan. These attacks exhibit the same strategic use of hate, identity-based targeting and persecution of communities such as the Fur, Masalit, and Nuba, repeating patterns of conduct consistent with earlier Darfur crimes, meeting the specific and contextual elements of persecution under Article 7(1)(h). Command structures, continuity of perpetrators, and similar patterns of conduct reinforce the link to the 2005 situation referred to the Court.  The submission requests that the ICC Prosecutor extend the scope beyond Darfur to other regions where like crimes are ongoing.