Pursuing justice during ongoing conflict raises issues that differ from those that arise when justice is pursued after peace agreements have been made or wars have been won. Using the arrest warrant issued by the International Criminal Court (ICC) against Sudan’s President Bashir for crimes committed in Darfur, this paper explores these issues, particularly the implications for tensions between peace and justice. The warrant has exposed increasing divisions within the international community regarding Darfur as well as the ICC. It is too early to conclude whether criminal proceedings and peace negotiations can successfully proceed on parallel tracks. So far, the arrest warrant diverts political attention away from other pressing political issues and has made it more rather than less likely that Bashir will remain Sudan’s president after elections scheduled for 2010.

Keywords: Criminal justice, Darfur, ICC, Peace, Genocide.