Para. Action in the course of duty. If the act was clearly not connected with official duties, the incident can be referred to the courts and the perpetrator may be put on trial. Time frame Needs of the Sudan Several members of the regular forces have been tried after their immunity was waived. Decisions on immunity are subject to judicial scrutiny, by the Constitutional Court. Requests for an immunity waiver are made by the public prosecution service or the Prosecutor-General. 3.3 The legal position of the Government of the Sudan is as follows: 1. The Security Council does not have the power of referral under the Charter of the United Nations. 2. Security Council resolution 1593 (2005) affirms that States non-parties to the Rome Statute are not obliged to cooperate with the Court. 3. The Sudan is not a party to the Rome Statute. A/HRC/5/6 page 67 4. The Government of the Sudan, because it believes in the principle of accountability for criminal acts and wishes to see justice being served, set up a national committee to investigate the incidents that allegedly occurred. The committee, in its final report, recommended among other things that a judicial investigation panel be established.