Home | News    Monday 26 October 2009

INTERVIEW: Legal expert downplays Darfur hybrid proposal

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October 25, 2009 (WASHINGTON) – The proposal made by an African Union (AU) commission for hybrid courts to be formed for Darfur right abuses is “unrealistic” and “impractical”, a legal expert said today.

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Fench-Libyan lawyer Hadi Shalluf (Al-Jazeera TV)

The African Union Panel on Darfur (AUPD) established this year by the pan-African body concluded its fact finding mission on the conflict by recommending foreign judges to work along with their Sudanese peers to prosecute war crimes suspects accused of masterminding atrocities in the region.

The report also calls for significant changes to Sudanese laws and the judiciary as a prerequisite for adjudicating these cases.

But Hadi Shalluf, a French-Libyan advocate told Sudan Tribune that the recommendations will prove “impossible” to implement.

“They contradict the most basic principle for any country. No state can allow for foreigners to be part of its judiciary. This goes against the constitution. What government will allow outsiders to look at its records and classified military files as part of an investigation?” Shalluf said.

“Even if Sudan was to accept hybrid courts, the structure of the courts laid out by the panel will mean that Khartoum can interfere in its work or even obstructing it,” he added.

Past attempts by Sudan to initiate judicial investigations in Darfur abuses have not produced any results drawing skepticism from observers.

Shalluf lashed out at the AU saying its leaders established the panel out of fear that human right abuses in their countries will be exposed.

“The AU is not an organization serving the people. It is one that provides support and cover for dictators so they can continue their abuses against their citizens. It is nothing but a terrorist organization and no different from the Arab League,” he said.

He said that the African countries are attempting to “bypass international law and the UN Security Council resolution referring the Darfur case to the International Criminal Court (ICC)”.

“The ICC is investigating in Darfur because of the referral by the council. African countries approved of that when they could have objected. They are also voluntary signatories to the Rome Statute. If they don’t like how the ICC operates then they can simply withdraw from the treaty. This is ABC of international treaties” Shalluf said.

Asked about options Sudan has in response to the report, Shalluf said that Khartoum must either accept the ICC jurisdiction or ask for a UNSC mandate special tribunal.

“Sudan may say no now but sooner or later they will face international justice. Things may change and international pressure may force them to accept these options against their will” he said.

“If they don’t like the ICC they should request a tribunal. Outside these choices there is nothing Sudan can do. Their internal proceedings have proved to lack credibility and really it is too late for that,” Shalluf added.

Shalluf is a registered counsel at the ICC and was assigned the Darfur case to protect the interest of defense in the pre-trial phase until late 2006.

He has challenged the jurisdiction of the ICC over the Darfur case before the Pre-Trial Chamber I judges but his motions were rejected.

(ST)

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  • 26 October 2009 05:16, by tiomdit_maker

    My great thanks to you Mr.Shalluf.I wish the ICC would have ten of you,Mr. criminal Bashir would have not be out side ot still alive right now.He would have followed his cousin Saddam hassan long times ago.My advice goes to the African leaders,they should learn from this truthful man,called Shalluf.Thanks.Tiomdit.

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    • 26 October 2009 17:02, by Garang Arok

      "unrealistic and impractical" says hadi shalluf’

      mr.hypocrite,you think the report is unrealistic because it never gave you room for bribery,it si unrealistic because you are killing non-arabs,it is unrealistic because quran supports killing and islam is a religion of terrorism.

      infidels are none muslims according to quran and it righteous for islamic stand to kill none muslim.something contrary to the bible.

      so be aware that killing is killing nomatter who you kill,and killing is punishable by real law not sheria law.

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  • 26 October 2009 05:42, by oshay

    There will never be the arrest of President Bashir, not because I believe he is completley innocent but because Europeans the masters of genocide and ethnic cleansing, should never dictate or rule us anymore.

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  • 26 October 2009 07:23, by Time1

    Omer bashir have no choice really either he accept this hybrid panel recommendations or he accept ICC arrests, which one he thinks is best option for him? the choice is his.

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    • 26 October 2009 08:23, by DASODIKO

      The Arrest of Bashir with no doubt is out of question. If he is not coward afraid and doesn’t give a damn shit, why is he not able to travel to Madani without a tide security procedures and only in nights.

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    • 26 October 2009 08:29, by Mike Mike

      Mother fucker Bashir must to face the law in ICC base because no leader who can turn to be the great enemy to killed his people. All the atrocities that were committed by Mr. bashir in The South and Darfur is not acceptable in the rule of law to happen that way, and the international world community have examined his leadership style and they found him he is not a good leader atall. Let him run around but there can be aday that he will be unlucky to fall in the ambush of ICC. i will never be feel happy unless i hear the news saying that bashir has been captured alife and handed over to ICC like his master sadam.

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