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ICC judges appear close to ruling on Sudan president case

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February 3, 2009 (WASHINGTON) — The judges of the Pre-Trial Chamber I at the International Criminal Court (ICC) met today with the prosecutor regarding his application requesting the issuance of an arrest warrant for Sudanese president Omer Hassan Al-Bashir.

Last week the judges issued a decision scheduling a closed hearing with prosecutor Luis Moreno-Ocampo, the court’s Registrar Silvana Arbia along with representatives from the Victims and Witnesses Unit (VWU).

The decision was in response to a notification filed by the prosecutor with the Pre-Trial Chamber I last week. The contents of the notification were not disclosed.

The judges have attached a confidential annex to their decision on the hearing containing the items that were to be discussed today.

The Pre-Trial Chamber I is currently reviewing the charges made against Al-Bashir that include three counts of genocide, five of crimes against humanity and two of murder.

Ocampo have alleged in his application that Al-Bashir masterminded a campaign to get rid of the African tribes in Darfur; Fur, Masalit and Zaghawa.

The ICC judges began reviewing the application in early October after which they requested supporting evidence and written answers to seven questions. The prosecutor submitted more than 700 pages in response to the judges’ query.

The significance of today’s meeting arises from the explicit request by the judges that the VWU be present. In their decision to convene a hearing the Pre-Trial Chamber made reference to Article 68 of the Rome Statute dealing with ‘Protection of the victims and witnesses’.

Before the issuance of an arrest warrant or a summons to appear, the judges are required to ascertain that all measures have been put in place to protect witnesses and victims in connection with the case. In making that determination the Pre-Trial Chamber consults with the prosecution and the VWU on any potential risks in that regard.

“The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses… The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance” the Statute reads.

Many observers have expressed fear of retaliatory measures by Khartoum if an arrest warrant is issued for Bashir. A recent upsurge of fighting between the government and rebels in South Darfur has been linked by some analysts to the awaited decision by the ICC judges.

Yesterday the African Union (AU) called for deferring the move of the ICC against Al-Bashir “to give a greater chance to the peace process”.

However in light of today’s hearing it now appears unlikely that Bashir will be able to escape the issuance of an arrest warrant on at least one of the ten counts contained in the prosecutor’s application.

Furthermore the Pre-Trial Chamber I made no acknowledgement of a filing made in mid-January by two pro-Sudan groups requesting that an arrest warrant not be issued.

The two groups consist of the Sudan Workers Trade Unions Federation (SWTUF) and the Sudan International Defense Group (SIDG).

Two UK lawyers prepared the filing on behalf of the SWTUF and SIDG, Sir Geoffrey Nice and Rodney Dixon.

Sudanese officials while denying link to the two groups, have expressed hope that the motion would slow down the decision of the judges.

Technically the Judges may have already issued a decision under seal to allow time for the prosecutor to notify the UN leadership for the latter to take the necessary measures to protect their staff in Sudan.

Two weeks before the ICC prosecutor presented his case against Al-Bashir, he informed the UN Secretary General Ban Ki-Moon of his plans prompting heightened security measures by the UN missions throughout Sudan.

Yesterday the UN chief who was present at the African Union summit in Addis Ababa warned that Sudan must adhere to any decision made by the ICC.

“He should fully cooperate with the decision of the ICC” Ban told a press conference on the sidelines of the summit.

It remains unclear when a ruling will be made but several UN officials and diplomats speaking to Associated Press today have privately predicted that the court will agree to issue a warrant this month.

The UN Security Council (UNSC) issued resolution 1593 under chapter VII in March 2005 referring the situation in Darfur to the ICC following recommendation a UN commission of inquiry into abuses committed in the war ravaged region.

(ST)

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  • 4 February 2009 05:31, by Freedom Fighter

    I’m keeping my finger crossed for a new day in the Sudan. Helter of Africa, Omer Albashir will be soon behind the doors.

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  • 4 February 2009 07:21, by Mr Famous Big_Logic_Boy

    No matter to the arrest warrant whether it would be issue on a day time or at night. But what am concern about is that, the ICC should make this as quick as possible to give the Southerners and durfurian a clear direction of indcation. Too be specific Bashir is nothing, some people just panic about his arrest, because he had already detented Turabi for the fact that Turabi was telling the truth about crimes. Just to me, the arrest of criminal bashir will be a great point for the untiy and demoracy in Sudan as whole. Supporting him not being charge would be a nice choice for Southerners to follow Pagan Amum idea. Lets see how Gadaffi who is now a head of AU will respond to this and wehther his dream world of United State of Africa would be requiring people like Bashir.

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    • 4 February 2009 07:47, by Samuel Lwal

      You guys don’t be happy.The black days are coming for our Country.Its like for the north but its for Sudan as a whole.

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      • 4 February 2009 08:07, by Wilson Wutchok Dhal

        No matter although it is for whole Sudan despite the fact that Bashir will get trauma like he had been doing in Darfur, shut off.

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        • 4 February 2009 12:48, by Samuel Lwal

          Dhal or whatever you call yourslf.

          You are neither politician nor ex-soldier or soldier,now what will you do,you can’t fight political war nor front war.why to support the indictment blindly.Do you know the impacts of its,i think you don’t,so you are the right person to shut off your mouth.In reference to the extra-ordinary held by SPLM political Bureau last month,it was reveal that most of the people were not ready for declaration of uniliteral independent of the South.An Arab government from the north will not except to cooperate with ICC for peaceful resolution of court.Therefore,confrontation is the immediate thing to come and it will put country in mess.
          Wether you aggree with me or not.Beshar indictment must bring negative impacts.
          Am sorry for my wasted time you may not understand what i mean.

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      • 4 February 2009 08:20, by wani mathias

        It is immaterial whether the arrest warrant doth issue. People will continue to die. The only effect is that the warrant will keep hovering over Bashir until it crystalises on him. When? cannot be determined on the date of issue because ICC do not have its own police to come and arrest Bashir in Sudan. It only depend on the good will of the state parties to the Rome Statute and the UN. He will only keep house (Sudan) like a bankrupt. If he dares move outside Sudan, the warrant will catch up with him.

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        • 4 February 2009 16:16, by Biar-again

          Dear Lwal!

          You may be right of neither Wutchok a politician nor a freedom fighter. But what about you, which part of the political world did you come from? This question is a result of your failure to support your argument based on the consequences of Al Bashir post arrest. Mind you! check yourself before you could check others. And by the way, Al Bashir has to face charges against innocent civilians of Darfur. If you are with him, you will go too.

          Biar Ayuen!

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          • 5 February 2009 10:57, by Samuel Lwal

            Mr Biar

            There is a say that"fool always remain a fool" i don’t blame you but the nature.

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      • 4 February 2009 11:24, by tayeb M. Alhassan

        Don’t worry Boy Samuel if our country to go on black days because of ICC verdict we will squeeze the traitors to the last drop and make the whole world live in hell everlasting blackout. To be or not to be that is all.

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      • 5 February 2009 11:07, by Magos

        Dear Samuel Lwal don’t worried about black days coming to our country ,tommorow ’ll worried about itself because this war could’t take 3 million like 3 million people who had been killed during Bashir wars , never mind let him drive him car to Icc.We ’re now in democratic society Bashire have to defendant him self from Court law.

        Magos

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  • 4 February 2009 08:35, by David De Dau

    I am personally in total support of Ban Ki Moon’s statement that Bashir should cooperate with the ICC’s decision.

    Bashir, Turabi is in jail because of you but yours will be worst than his!

    Bear in mind "what goes around comes around". Your days are numbered!

    ICC oyeeeeeeeeeeeeeeee!

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    • 4 February 2009 09:31, by Ojal

      Can ICC judges step up this process of issuing arrest warrant for Bashir, I am tired of their Procrastination on this case. Bashir is an individual; he should face it alone and will not bring anything. It will not be a dark day at all, over 2 millions Southerners died during the war, their death did not turn Sudan to dark day, also Dr. John Garang did died but his death was not a dark day, then why should people panic for Basir’s arrest warrant which is not a death to Basir.

      Bashir cooperate and go, SUDAN IS NOT A BASHIR. You go
      So that you mum, wives and other family members can experience what other mothers are experiencing due to your atrocities in Darfur, in the Southern and other parts of Sudan.
      GO GO you will get former Liberian President Mr. Charles Taylor then life will go on as usual.

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    • 4 February 2009 09:42, by Lokorai

      Nothing is exciting from the ICC my people; you only court troubles and out to follow a lost politician who is settling score after his bad mouthing against the government he served as a minister. He has all along been going against ethics of leadership or protocol even by challenging President Kiir earlier statemnts and nuts cheered him on this shameful act, what a lost generation! That politician need be arrested immediately!

      ICC must look for an exit strategy to leave Al Bashir alone to complete the agreement he has personally signed. No way here, Al Bashir or no CPA.

      Mr. Freedom Fighter, hold your horse, its enough of your stuff and you better look another direction; yours is clear and you will surely get what you are after. Gatwech gave you a good prefix and you deserved it! You are a dog, Amum needs time to heal from his hate sickness; he acts out of the ordinary and assumptions and should have been shunned and condemned. We are at serious business that require no joking...

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    • 4 February 2009 09:54, by J.DRADI

      Sudanese people should leave corruption out on the issues related to the arrest warrent imposed on Bashir. I am totally convienced and stand behind a good supportors of Ban Ki Moon’s who being a man of an eye to all the nation in the world.
      We as Sudanese, we need change to come in Sudan, we need freedom, and peace to come in Sudan. Change already started and should continue to extend to every citizen in Sudan. The idealogy of old rulling at an old age with old ideas had already started to disapear, so let us build on fresh ideas with fresh mind.
      Bravo to judges and Ban Ki Moon’s statement that Bashir should cooperate with the ICC’s decision.

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  • 4 February 2009 11:11, by Deng Khamis

    I don’t think that if Albashir has gone the CPA will be endangered. It is a trcik made by NCP to compel us to support Albashir against the ICC. The Northern opposition was historically our allies. We fought this regime together. They were in exile with us back in 1990s. Our SPLM leaders need to co-ordinate with them and get enough guarantees that they will be abided by the CPA after the Bashir is ousted. Then to hell with the regime that brought death, destruction, and instability to our country.

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    • 4 February 2009 12:21, by Bazinguaboy

      Folks, do spare a thought for the Sudan we all love. If (and that is if) the ICC does issue a warrant of arrest, the only thing that would save President Bashir is to remain in power ... indefinitely (and do not bank on the UN or anybody else to arrest him in Sudan). With a rogue PRESIDENT at large who has nothing to lose, it is hard to imagine what will happen. Sure nobody really likes that idea. The other option we have is to leave him be, let the CPA take its course with elections just around the corner; do your part to vote him out and pray the long arm of the law catches up with him sometime later.

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      • 4 February 2009 12:36, by Beny Gideon Mabor

        After my careful perusal of the ICC prosecutor learned legal notice instrumentally implicating Sudan Head of State subject to criminal responsibility for the crime of genocide under Article 6(a) of the Rome Statue and Crime against humanity under Article 7(1) of the Statue and further continue charges for war crimes under 8(2)(e)(i) of the same statue respectively as cited in the application therein; ladies and gentlemen I have gone through the prosecutor’s application and all the alleged crime charges including recorded statement of the victim and witnessing units (VWU) but some accusations lack material evidence and legal jurisdiction.
        o
        However, do not celebrate about this last closed door meeting between the ICC prosecutor and the pre-trial Chamber I and further to the press release by the UNSG at the AU Summit in Addis Ababa that Bahsir has to cooperate with the decision of the ICC Leadership. As the case is thrown before three ladies competent judges headed by Judge Akua Kuenyehia, Presiding Judge from Ghana, Judge Anita Usacka and Judge Sylvia Steinert. Good enough that they are even women as mothers of the dying people worldwide but should not self interestedly force them to recommend to the ICC Prosecutor to issue Arrest warrant for Bahsir out of the legal presumption of innocence or found guilty in accordance with provision of the Rome Statue
        While some people are fearing arrest warrant for El Bashir, if any may threaten the Darfur Peace Agreement DPA/2006 and deteriorate the humanitarian lives on the ground and also to the Southern Region with the Interim Government of Southern Sudan GoSS under SPLM/A leadership that sign the Sudan Comprehensive Peace Agreement CPA/2005, a distinctive agreement which will democratically led South-North enter into presidential election for the first time ever in history.
        o
        o Nevertheless, these too many agreements were bilateral agreements signed between the concern political forces and the National Congress Party NCP not Bashir in person. Although he will be proof guilty and taken behind the bars, there is nothing to threat public peace and tranquility since there are several NCP nominees or implementing peace partners in the North but the fact remain to why are we Sudanese people and as nation incapable of controlling our own state of affairs within our sovereignty? Foreign intervention is applies to countries without special criminal tribunal and appropriate legal system to trial such criminal matters.
        o
        o More over the war in Darfur has just been on board for nearly 6-7 years that calculate to bring about 35,000 people lost lives and displaced approximately 2.5 million people compare to nothing in the world when serious and physical destruction of human life and properties in South Sudan the African longest civil conflict that cost 2.5 million people and made many more homeless. Why Mr. Prosecutor did not summon the perpetrators behind this massive killing in South Sudan from former Sudan Head of State Gen. Jabar Nimeri up to current Bashir of the day during those dark days in South Sudan?
        o
        Ladies and Gentlemen, I conclude the humanitarians’ crisis in Western Sudan Darfur Region is the same domestic problem like the previous case in Southern Sudan and had to be dealt within sovereignty of the State. The root cause of the war in Darfur is basically poor or none participation in the Government power sharing protocol. The Presidency of the Republic and any other sisterly countries should draw the road map and strategic planning to call upon all the members of the fur, Maslait and Zaghwa, refer herein as target groups) and their different political forces to come under one leadership and negotiate the comprehensive peace deal that shall, if reach successfully give them a chair in the Presidency of the Republic.

        This release is a personal statement and does not represent any level of Government in the Sudan. For enquiry do not hesitate to contact me on the following address or directly reply it from the media board
        Beny Gideon Mabor is Laws Student and can be reach at benygmabor@fsmail.net Tel: 0914015098

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        • 4 February 2009 14:16, by wani mathias

          Gideon, counsel in the making! I can see a lawyer with good legal skills being manufactured. As a law student you have to ask why Bashir is being indicted and Numeri not. Criminal law is the most complex and without evidence that is the end of the story. I would want to help you in your dilemma that what is not defined as crime is not criminal at all according to the tenets of criminal law.For some act to be criminal, it must be provided for by a law e.g penal code or any other statute created. The law does not act retrospectively to follow an act committed that would have amounted to a crime when at that time it did not costitutte an offence or there was no law creating the act to be acrime. ICC cannot try Numeri if he really committed crimes in Southern Sudan as you alledged that fall under the Rome Statute because ICC was born after the coming into force of the 1998 Rome Statute and therefore lacks jurisdiction over those allegations against Numeri. This explain why those who were alledged to have committed genocide in Rwanda are being tried under special Tribunals for Rwanda.

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      • 4 February 2009 12:45, by tayeb M. Alhassan

        Bazinguaboy !!

        Your idea of doing things the normal way sounds better. Let the fools understand that it makes big difference to charge Bashir while he is in power and after. When he becomes a questionable normal citizen like any other suspect he can go thru judiciary systems locally or internationally to prove innocence or guilt with least impact on the country.

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        • 4 February 2009 13:41, by wani mathias

          Mr. Tayeb M Alhassan!
          Do you think Bashir is an exception to death that he will live eternaly to be tried any time and you expect us to listen to your lies? If he dies before trial who will answer for the crimes committed against innocent civilians in Darfur? Is Bashir heaping potatoes in Darfur for the last 4 years? Be rational and fair in your judgement considering the loss of lives of innocent civilians perpetrated by an individual in this country.
          If all are equal before the law, then do not shift goal posts on others.This is a legal issue which a lay person may not understand because like you, you want to solve it politically which is not the case in a criminal matter like the one in point. Wait for political cases so that you can give your layman’s contribution. Do not obstruct justice by your irrational judgement. Why are you always persimistic and would want to live in fear if Bashir is issued with ICC’s warrant of arrest? The people of the Sudan will arrest him and turn him to the ICC. Be reminded that ICC will not listen to the cries of people like you who want Bashir to continue with his project in Darfur. What good is he doing if on tuesday 28 bombs were dropped in the town of mujhariya?

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  • 4 February 2009 13:21, by lotueng Junub

    Totally, I don’t agree with those few who are opposed to ICC position and the possible issuance of Arrest warrant against Al Bashir where were these fellows when genocide and atrocities were being being committed in Darfur with brutal impunity by Bashir and his janjaweed Malitias are those not human lives, what is so special with Bashir’s live when he had murdered millon of people both in the South and Darfur in particular.

    And to my fellow Southerners who are worried that Al Bashir arrest warrant will jeopardized CPA peace deal is a white lie, as it was catogorically stated during the Peace signing ceremony by our Late leader Dr. John Garnag that " CPA doesnot belong to Ali Osman Taha, John Garang or to to president Bashir but to the people of Sudan"

    Garang has gone and we are still bound by CPA implementation modalities,let Bashir be accountable for his own deeds and CPA will still holds no doubt about that.

    Lotueng Junub

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    • 4 February 2009 17:24, by Wilson Wutchok Dhal

      Samuel Lwal,

      I will not be able to talk much since there are wise men in South that might have correct you before Therefore, my message to you is that "coward live longer but die in grate number" bear in mind this word whether you like or yes it must happen. Bye Bye Bashir.

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  • 4 February 2009 18:49, by Nuer

    The uneducated ones among southerners wanted Bashir to be indicted now and the educated ones like me say that this is not the right time. I see it this way because I’m a good thinker. Those who think see the reality coming. For instance, people like Bona Malual is against an immediate indictment of Bashir at this time, Wall De against it, Salva Kiir against it, African Union against it, and plus other thinkers. Stupids ones do not see what will happen the same day Bashir’s indictment will be announce; Bashir will declare curfew, military rule in Sudan, throw the consitution into garbage, and be the criminal. Days ahead might be bad days.

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    • 5 February 2009 09:13, by wani mathias

      Believe in yourself and reason Mr. Nuer. Don’t tell me what those of Bona Malual, De wall etc.have said and you take it to be gospel truth. Who are you without their views yet claim to be educated? I can see the problem of your mind. Have you ever seen uneducated person writng reasoned views on the net. Do not enslave your mind from reasoning lest you are crowned educational dwarf. The Bonas are entitled to their own reasoning and even can be questioned. Not all that glitter is gold, afterall a post mortem has to be carried out on a body which died with no cause established. Do not think, they are the brainworkers as portrayed in the animal farm. Everyperson who went to school is expected to have independent thinking. Have your own views and allow it to challenge because they must struggle to bring down your line of reason. Do you think president Bashir is ruling by the constitution, 2005? Forget go and read constitutional law and see where decrees that he issues everyday falls within constitutional law context.

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    • 5 February 2009 11:50, by Magos

      Dear Nuer Gotdog you ’re against the law. This ’s the way to catch up with those who commite crimes against humanity, fore example poeple like Dr Risk or Riak and Bona Malual they should face the court after Bashir’because 1 million people from southren Sudan were killed by them plus 2 million were killed by Bashir ,so watch out don’t let money closed your eyes also don’t sell southerners to Arabia including your parents.

      Magos

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  • 4 February 2009 19:06, by Sammy Wadar Lat Daknyaroah

    Dear Folks,
    I totally agreed with all the writers who are advocating for the arrest of Dictator President Beshire. Let us not be short sighted people, the arrest of that man will have negative repercussions to Sudan in general for a certain period of time but will be followed by an ever lasting peace and freedom to Sudanese people specially ourselves in South and our brothers in Western and Eastern of this great Nation. It is upto us to choose an endless sufferings by blocking indictment of Beshir or chose total peace, harmony and co-existence among citizens of Sudan.

    The ICC prosecutor Louis and his guys should be very smart enough to take away this man as soon as possible. No one is immune to suffering of other human beings except our brothers from Northern Sudan and their allies around the global.

    Long live South Sudan! Long live our leaders! Long live the Unity of the South Sudan people!

    God Blessings!

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    • 5 February 2009 08:07, by buokdeng

      Lual
      What you are suggesting is to reward Al-Bashir for the crimes he committed. There is no more mess than what Al-Bashir has created for the country. I believe in the world where crime can be punished. There is nothing wrong in you believing in IMPUNITY. From your name I know that you have a relative killed by Al-Bashir, through is scourge earth tactics. Al-Bashir and his cronies continue their policies because they have brain washed people like you to believing that hell will break lose when his warrant of arrest is issued. No my friend, justice is always the victor. The criminals of NCP like this bastard Al-Bashir will soon know that the days of killing people with impunity are numbered.
      Buok

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      • 5 February 2009 08:56, by Wilson Wutchok Dhal

        Nuer,
        It seems you said "educated people are not supporting Bashir indicment" and you include yourself to be among those,mr i can’t and will never admit your statement as the true of sense through short sighted and the conlussion that you made against those who support the arrest warrant, that they are "stupid" are you edcuated really through these behaviours? i don’t think so. you are among those who are promoting barbaic comments on this web.
        You mentioned Bona malual, do you know his principles? currently we the southern peopl need person that will bears the objectives from south not khartoum ally, me personaly Bona is not the right person to say the right thing on behalf of South Sudan.

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        • 5 February 2009 12:29, by william wol

          Hello wutchok,

          You are a good obsever on educated southerner as your comments spelled it out!! Absolutely malual is not a southerner he supposes to be called himself malish instead of being called malual.Most of the southerners were working to achieve the liberty in the south while he was working on partion of southerners inorder to fail and split them into defeatable units by his allies NCP in the north sudan.Malish and lam were the known devil to us in south, they were been given a medicince of killing and hatred of their own brothers by arabs so whoever appriasing them is our obvious enemy.Thank you very much indeed for your keen observation on our intellectuals.

          William Wol

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  • 5 February 2009 19:26, by Dinka Aliap Chawul

    Bashir will soon go but who else will follow him to the Hague(TURABI) the Roman Court as Arabs or Muslims precieves it, so i dont thinks it will happen because court has much Arabs influences than any other countries because they are the majority members there but if it happen that way he should also be questions for the DEATH of DR. JOHN GARANG DE MABIOR and all ATTROCITIES MADE IN SOUTHERN SUDAN DURING 2 DECADES WAR IN THE SOUTH. MY PRAYERS IS THAT LET BASHIR JOIN DR.KERJIC AND THOMAS LUBANGA OF DRC IN THE ROME`.

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