Home | News    Friday 30 October 2009

Sudan ‘politely’ rejects hybrid court proposal for Darfur, SPLM & rebels critical

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October 29, 2009 (WASHINGTON) – The Sudanese government today formally expressed reservations on the proposal for a hybrid court in Darfur made by the African Union (AU) high level earlier this month.

The Sudanese delegation headed by 2nd Vice president Ali Osman Taha addressed the Peace and Security Council (PSC) session in Abuja, Nigeria that focused mainly on the Darfur report compiled by a commission headed by former South African president Thabo Mbeki.

“What is mentioned in the report on a new justice mechanism in the form of hybrid courts requires satisfying and accurate definition on the extent of conformity of the principle of establishing it with the constitution and the principle of independent judiciary, jurisdiction and determining its workings and specifics. This requires close cooperation between us and the mechanism that we recommend the AU to establish,” Taha said.

“On the other hand we must remember that establishing these courts is important to us as Africans because it establishes a precedence to be used in the future in other cases in Africa,” he added.

Taha also stressed that Sudan has established special courts and appointed a special prosecutor saying that the Sudanese law and competence of judiciary "provides the necessary framework to achieve justice".

Mbeki’s report has stated that “the criminal justice response to Darfur is ineffective and confusing and has also failed to obtain the confidence of the people of Darfur”.

The panel also countered an argument frequently made by Khartoum on its laws not allowing participation of non-Sudanese in the judiciary saying that there is no explicit verbiage to that effect but acknowledged that changes will still need to be made.

“In order to facilitate the establishment of a Hybrid Court, the Government of Sudan should take immediate steps to introduce legislation to allow legally qualified non?nationals to serve on the judiciary of Sudan (c.f. section 23, National Judiciary Act, 1986). In this connection, the Panel notes that the Constitution of Sudan does not expressly prohibit non- Sudanese nationals from being appointed to the judiciary of Sudan, and would not therefore need to be amended”.

The AU PSC adopted the report as a roadmap for solution in Darfur but it is not clear if their statement incorporated specific mechanisms or benchmarks for implementation particularly in light of Sudan’s objections.

The summit set up another team of experts — including Mbeki, former president of Burundi Pierre Nkuruziza and ex-leader of Nigeria Abdul salami Abu-Bakr — to help in the implementation of the recommendations. The team has a one year mandate.

The details of the PSC declaration have not been made available but Nigerian media reported that it underlined that “the search for justice should be pursued in a way that does not impede or jeopardize the promotion of peace, the PSC reiterated its strong condemnation of the gross violations of human rights in Darfur and the AU’s unflinching commitment to combating impunity, in line with the relevant provisions of the Constitutive Act”.

The Nigerian president Umar Musa Yar’Adua, noted that the recommendation for a Hybrid Court, “was not a vote of no confidence” in the Sudanese criminal justice system

It was reported that the PSC communiqué noted the position of the AU in condemning impunity and the fact that many members of the AU were not opposed to the work of the ICC.

It also reiterated that AU had never requested for a cancelling the ICC warrant but only a deferral.

Speaking to reporters today Mbeki said that Sudan “accepted” the hybrid court but would need further discussions with the AU especially where it concerned the hybrid court.

“They will look at what the Sudanese constitution allows with regards to that because this will be a precedence that has not been tried on the African continent before,” he said.

“It is necessary to act urgently. There is recognition of the need to act, bearing in mind that there are deadlines of that kind like 2010," the former South African leader stressed.

In an address to the leaders Mbeki said, “We believe the time to act is now.”

“Exceptional measures must be put in place to assure the people of Darfur that justice will be done, taking into account the objective reality that a number of them have little confidence in the independence and impartiality of their national criminal justice system,” he added.

Bloomberg reported that the AU reiterated its call for suspending the International Criminal Court (ICC) for Sudanese president Omer Hassan Al-Bashir under Article 16 of the Rome Statute “in the interest of peace, justice and reconciliation,”.

The formation of the high level panel last February was driven mainly by the imminent issuance of the warrant. The AU has criticized the indictment on the grounds that it jeopardizes peace prospects and later decided to halt cooperation with the ICC in arresting Bashir even for its members who are signatory to the Rome Statute.

Mbeki’s report did not call for a deferral of Bashir’s warrant and even appeared to make an implicit endorsement of the ICC prosecutions but cautioned that the Hague based tribunal cannot try all cases before it.

“This prosecutorial policy inevitably leaves the overwhelming majority of individuals outside of the ICC system and still needing to answer for crimes they might have committed…. justice from the ICC, exclusively, would therefore leave impunity for the vast majority of offenders in Darfur, including virtually all direct perpetrators of the offences”.

Darfur rebel groups were quick to condemn what they described as complicity of the AU with regards to the crisis in Sudan’s western region.

“The actions of the AU since the crisis erupted are a blatant violation of its 2004 constitutive act requiring it to intervene in cases of massive human rights violations” the spokesperson of Justice and Equality Movement (JEM) Ahmed Hussein told Sudan Tribune.

“We have not seen any firm stance from the AU to confront the [Sudanese] government. All we see is a club in which dictators and war crimes perpetrators are afforded impunity and diplomatic shield as we have seen in the case of Bashir,” he added.

The JEM official questioned the “seriousness” of the AU in “doing what is right” in the situations before it.

“So now this [Mbeki] panel concluded that there were no prosecutions to those who committed the atrocities in Darfur. Taha goes on to repeat statements on the ability and willingness of its judiciary to do the trials themselves brushing aside what Mbeki have concluded. This is a broken record. Does the AU have any courage to confront Khartoum and force it to accept the report fully? I don’t think so,” he said.

Hussein lashed out at AU commissioner Jean Ping saying that the latter is a “clear example of the workings of the AU”.

“He goes out of his way to consistently defend Bashir perhaps more so than Sudanese officials. Does he not realize his responsibility as a representative to the African people and not the government [of Sudan]? We want to see Ping have similar candidness in pressing Khartoum to implement the AU report” he added.

Abdel-Wahid Mohamed Al-Nur leader of Sudan Liberation Movement (SLM) urged African leaders to intervene “to stop the genocide in Darfur”.

“Daily we have cases of new displacements in Darfur, in the hundreds. We have never seen the AU take good positions on this. This is unacceptable. When will this body ever act in the interests of innocent civilians instead of protecting corrupt and merciless leaders? If this is the way they [AU] want to run things so be it,” Al-Nur said.

The SLM chief also dismissed talks of hybrid courts to carry out the Darfur prosecutions.

“The ICC is the only way to achieve justice. The report was right; there is no will to bring justice to our people. They [Khartoum] deny the crimes by day and night and so how will you expect them to agree to setting up new courts? This is totally unrealistic” Al-Nur said.

In a surprising development the junior partner in Sudan’s Government of National Unity (GoNU) dismissed the hybrid court proposal as unrealistic.

“The Sudan People’s Liberation Movement the SPLM does not buy the so-called AU African leaders report. Justice cannot be compromised this is to our conviction as SPLM and SPLM had a clear and plain stance on Darfur,” Yien Matthew Chol, the SPLM’s spokesman told Voice of America.

“The African wise leaders did not by all means address the reality of Darfuri problem… therefore we see their attempt as compromising the issue rather than addressing the root causes of the problem and war in Darfur. As such it will be very difficult for the SPLM to buy such a strange…idea,” Chol said.

The SPLM official questioned the effectiveness of the hybrid court and its modalities.

"What is it that they are trying to do? What is the hybrid tribunal court? Can they guarantee justice in Sudan?" he asked.

“Who in Sudan or any of these African countries will catch President Al-Bashir and take him to the court whether it is a local court or an international court? This is the question to be answered,” he said.

The remarks will likely anger the ruling National Congress Party (NCP) which has sought domestic support from local political powers against the ICC.

In the past the ex-Southern rebel group warned of the impact of the Bashir arrest warrant on the Comprehensive Peace Agreement (CPA) signed with the NCP in 2005.

The New York-based Human Rights Watch (HRW) while welcoming the hybrid court proposal cautioned that it should not be a replacement to the ICC.

“Sudan has been obstructing justice for crimes committed in Darfur for years,” said Richard Dicker, International Justice Program director at Human Rights Watch. “The proposed hybrid court and national law reforms should not delay the ICC cases for one minute. If and when a hybrid court gets up and running, there will be plenty of additional cases to fill its docket.”

The ICC issued arrest warrants for Sudanese president Omer Hassan Al-Bashir and former Sudanese state minister for humanitarian affairs and governor of South Kordofan Ahmed Haroun and militia leader Ali Kushayb.

(ST)

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  • 30 October 2009 06:21, by oshay

    There is only one court and one court alone. Europeans should never hold Africans to account, we are not their servants anymore. Only Southerners who see Americans and Europeans are their masters favor the ICC.

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    • 30 October 2009 06:31, by thieleling

      This is a great judicial politics!! Sudan is in limbo. Nothing can substitute ICC even if Sudan accepts the hybrid courts. The UN Human Rights Councils and the UN Security Council gave the ICC teeth on Darfur issue. Case closed!! Whether it was not a good idea to refer the case to UNSC or not, there is nothing that can change the fact. Sudan will be under sanction untill Bashier is gone. Even then, Sudan will be under constant serious scrutiny like Serbia(former Yugoslavia) until all the indicted-sudanese criminals are transfered to the Hague. Might Makes Right!! And sudanese leadership needs to understand it. I know there are smart people like Taha & others NCPs. it is purely a judicial politics issue, much of it political. It is that simple!!

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      • 30 October 2009 17:52, by Dinka Dominated SPLA

        WHY IS IT MR BASHIR ONLY HOW ABOUT RAIK MACHAR AND LAM AKOL THEY COMMITED ATROCITY AGANIST THEIR ONE TRIBE THE DINKA AND CLAIM THAT THEY ARE PHD HOLD.TRIBE VS TRIBE IS SAMETHING THAT NO ONE WITH THAT LEVEL OF EDUCATION CAN DO EVENT LOGIC BOY CAN NOT DO LAT THEM GO TO ICC TOO

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    • 30 October 2009 06:36, by khamic Isaac

      Stupid Oshay you know nothing about rule of laws because of your islamic culture that deny the right of Darfur people.

      do you think Sudan has a Court, what court is it, the court that only persecute the women who wear trousers and leave war crimanals.

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    • 30 October 2009 07:59, by liil

      Dear Oshan:

      Oshan,you are always very positive and straight forward in your comments.I seconded your comment which quoted as,European and American should never hold Africans on accounts since we are not under their colony anymore.Only southerners who see American and European as their masters are favoring the ICC.Infact, Africa must be independent from western influence and set it own judiciary system to deal with it internal problem rather than relying on the western pick on states judiciary system. SPLM leadership must also take the note that,if we are to take every leader in Sudan onto account for the crime committed,both northern and Southern leaders are all liable to this ICC practices,including Salva Kiir himself when he commanded SPLA soldiers and tanks to grind Murle civilians into borns in 1988 in Nanam area.So don’t just rush to sell Umar out while you were on the same page with him on accounts of crime against humanity in southern Sudan during the civil war.Ayein better you quite not to betray anyone otherwise your Dinkas brothers who took indrect revenge during the war shall also be brought to justice as you deserve Bashir to.Watch out guys not to stand against what should enlighten Africa because of Umar Bashir.

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    • 30 October 2009 09:08, by Bulky

      Oshay, Bashir must face ICC as i stated earlier on yesterday.
      Our local courts are controlled by people being manipulated like puppet.Bashir`s courts do not know rule of law and operates on bases of Koran.justices must be given chance in Sudan to remove fake and baseless extra-judicial execution of people of Sudan particular people of Dar fur without trials.
      Bulky.

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    • 30 October 2009 10:23, by mayiik Albino.

      Oshay you might be absolutly right because l can see you don t understand your own word well for Splm or southern sudanse the are all free the can go to any corner of the world because the not guilt of any crime that why you are seeing splm going up and down because the wanted sudan to be in peace so that it should be better place for people to stay . however defend your criminal president within sudan will not be the solution to your uncle trust me nothing will help him from this problem because people where killed the are human being like him

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    • 30 October 2009 12:55, by WILFRED BOL

      The International Criminal Court was established to execute the Human Rights globally & not to favour some few individual countries.

      Nonsence, We don’t regard Americans and Europeans as the masters but as the implementers of Human Rights.

      Watch out prior seeing your hand pointing on us.

      WILFRED

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    • 30 October 2009 13:37, by longk

      oshayu, there is no way...your husband Mr. Omer al-Bashire is going to see ICC soon. Too late even to consider yourselve as an Arabs African. One thing you understand is this, we southerners, we are not terriost. So becareful don’t let your husband go anywher in Africa, otherwise he mightbe introuble.

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    • 30 October 2009 17:52, by Wende Yongaptheeth

      NCP is rejecting every institution, the United Nations Endorsed Court in the Hague and the AU proposed Court in Africa, therefore: the NCP is rejecting the UN and AU. The NCP should be held accountable for that. On the wrongheaded notion that, our African war criminals and genocide perptrators should not be apprehended and tried on different continents and by different courts consult history of wars and war crimes. People who are oppressed by their governments are assisted by international community to prosecute their criminal leaders and that was what happen to Hitler, Musolini, Melosevic and Saddam Hussein.

      The NCP is a pariah and outlawed. It is a party of the outlawed and for the outlaws who are rejecting Africa and the world community.

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    • 31 October 2009 00:18, by samuel_kur@yahoo.ca

      Oshay you accepted today, that you are not southerner citizen, please don’t confuse us again.

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    • 31 October 2009 13:41, by simon chot deng

      osman taha you are not right of rejecting that court.if the hybrid court form in sudan it should be much better for you the dictator of sudan you should not be taken again again to icc when you commite something like what happen to your omer bashir, if the court was here that time the case should be judge be4 going to ICC, is ok if you reject it all of you will face ICC court wether you like or not.

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  • 30 October 2009 06:28, by David_N

    Why ICC won’t arrest F.W. de Klerk?

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  • 30 October 2009 06:31, by thieleling

    This is a great judicial politics!! Sudan is in limbo. Nothing can substitute ICC even if Sudan accepts the hybrid courts. The UN Human Rights Councils and the UN Security Council gave the ICC teeth on Darfur issue. Case closed!! Whether it was not a good idea to refer the case to UNSC or not, there is nothing that can change the fact. Sudan will be under sanction untill Bashier is gone. Even then, Sudan will be under constant serious scrutiny like Serbia(former Yugoslavia) until all the indicted-sudanese criminals are transfered to the Hague. Might Makes Right!! And sudanese leadership needs to understand it. I know there are smart people like Taha & others NCPs. it is purely a judicial politics issue, much of it political. It is that simple!!

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    • 30 October 2009 07:24, by Mark Guot Aken

      Sudan president bashier most face court according to the law of human right councils and ICC even if Sudan accepts the hybrid courts,The UN Human Rights Councils and the UN Security Council gave the ICC teeth on Darfur issue,Sudan will be under sanction untill Bashier is gone.

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  • 30 October 2009 07:13, by black-hope

    It is not fear for AU to defend criminal and terorist Al-Bushier while he kill his own citizens. My question 2 you as African Union(AU). Is this African presidence Union or African Union. You will not be apresident to rule infrustratures but to rule, why do Bushier sin himself. Let ICC go on you were reluctance for all this years now you rise your voice b’se of ICC interference.

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    • 30 October 2009 08:45, by Angelo Ajiech Manyuat

      My fellow Africans, educated people like Former president of South Africa Mr. Mebki should stop defending criminals like Omar Beshir and others. In fact, Africa is our Continent, and we don’t like our leaders to be mistreated by Westerners, but if our leaders turn against their own people then they deserve severe punishment and they must end up like Charles Taylor of Liberia. Look guys, how some African Leaders like commissioner of African Union Mr. Ping gave speech about the situation of Africa. Yes, Westerners are still mistreating us, but that has nothing to do with Westerners period. I believe we have our own hands in it. How can we expect Westerners to respect and treat us like they do to other industrial countries while we butchering ourselves like animals everyday. You see Mr. Mebki how the country and people you spent your energetic for so long defending them has rejected your sincere proposition that will save them. It’s crystal that this people don’t even care about Africa or whoever tell them the truth. We Southerners can not wait 2011 to vote for separation. We can not tolerate staying with this moron arab any more.

      Westerners develop their countries because they don’t waste resources, they use their resources for development while we Africans waste our resources for self-interest and nepotism. Readers, I think some of you understand how pain it’s to hear Westerners in their colleges/Universities talks and watch movies about Africa. I wish some of those pathetic dictators attend lectures one day and see how that goes with their feelings. How can we get rid of the so called third world countries so we not be regarded as jungle people in their Planets

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      • 30 October 2009 12:01, by Mike Mike

        Basher must go to attend the ICC based court because the atrocities which he committed on the people of Sudan are beyond local court. I in person have seconded foriegn court to solve that problem of Basher and no one even in Sudan to take some neccessary measures against him if the found him quilty since he is the one holding all the powers of Sudan at his hands. Without support from the foriegn power then this mother fucken basher cannot respect the law and attend the court as you people of Northern wish. And why do you rejected basher from attending the court and court is create by people to guided the whole world from committing crimes against human being, if you refuse for basher to go to the court then it is better to admit your mistake in order for ICC to think for other alternative of how to bring your criminal basher to stand before their court. No body can claim for leadership while he don’t respect the laws. You must to surrender yourself to ICC and clear up yourself otherwise there is no way out for you to scape to my dear.

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  • 30 October 2009 07:35, by Lual Garang De Lual

    Hi, Mr. Oshay you talked like a narrow minded person if not totally ignorant about Arabs and the Northerners mentality.

    SPLM came to clash with your islamists due to the injustices being protrayed by the successive regimes in Khartoum. For example, the regime has only succeeded in trying those women wearing trousers and checking handbags of female journalists at parliament entrance, i don’t know whether they were checking for underwears in female journalist handbags while or other things war criminals are at large condoning with the national resources. What a shame government we never had in a country.

    Mr. Oshay your NIF/NCP government has failed the Sudanese people by only focusing on raping young girls as little as 12 years, women and even men.

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    • 30 October 2009 08:01, by Ajongtar

      Oshay Yuor God father Mr Bashier must go to the Hugae wether he like or not, Mr, Accompo is waiting for him.

      God bless Accompo.

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  • 30 October 2009 08:09, by Time1

    African leaders have to differentiate between challenging the ICC on the cases they bring forward and serving justice to Darfur victims of atrocities. This is a genuine case whereby war crimes has been committed. So the ICC can be challenge to serve justice to all but that does not mean that criminals who have comitted genocides like Omer bashir has to be set free. So all crimes has to be brought to justice, does not matter to committed it and how and when.

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    • 30 October 2009 09:00, by Angelo Ajiech Manyuat

      I second your comment folk. I think this is a positive step that suppose to be endorse by all Africans to codify future cases. it’s clear no doubt, no matter how much Sudan reject the proposal. They’re caught in a dead road.

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      • 30 October 2009 09:25, by DASODIKO

        African dolls keep on dreaming of the justice in Darfur. The Sudanese Arabs are today with you when they need you tomorrow they call you the primitive slave Africans. I am Sudanese and we live togther with these Arabs, in their daily talk if anyone of them mention African country; the respond is as follow: Why are you talking about these (Abeed)slaves? But I am sure our African brother will not believe us because they think that we Sudanese African are exaggerating. However, those African countries who have their sons and daughters studying in Sudan can take advantage and ask them how the Sudanese Arabs treat them? The Africans respected in Sudan are only those who have colors similar to Arabs like the Millionaire Salim Ahmed Salim and north Africans.
        So AU leaders,if you are looking for a justice for people of Darfur, African leaders must join the US and other countries to show an other face to Sudanese Arab government in Khartoum.

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        • 30 October 2009 13:38, by mohammed ali

          We are Africans and Africans know us very well, we have supported theM in their fight against the white man colonialism and WE offer support for hundreds to study in our universitis. Only white man-shoe-likers support the white-man court.

          See who use the word slave in this site:

          ((Sudanese police officer killed in Khartoum gun battle 30 October 2009 08:21, by Rambang Deng
          Slave Dinka;

          Don’t talk about your husbands, the Nuers. The Nuer always married among themselves without interference of others and your master, you slave Dinka, could not mess around with the Nuers.

          Go to hell with your ugly incompetent coward slave butts.))

          This is the SPLA,NEW SUDAN filthy language of hatered!!

          Talking about impunity,have you ever seen any SPLA member standing in court for the mass killings,drowning alive! and burning alive! of hundreds of childrens and women,and all other horrendous attrocities!!

          Or have you ever seen an SPLA member standing in cour for looting "billion" of dollars, and I say literarly billions,which belongs to the poor marginalized people of SOUTH SUDAN.

          ((OCT 30/2009, SSN; The Minister for Finance in the Government of Southern Sudan (GOSS) has just revealed yet again another financial scam of this government in the tune of US$2.7 billion (5.4 billion Sudanese Pounds), on the so-called grain contracts allegedly from the previous Finance Minister, Mr. Kuol Athian Mawien schemes.))

          Yes African students are watching, and we brought them to see us.The whole world is watching and laughing!

          WE ARE JUST WAITING FOR 2011 , TELL YOUR BELOVED SPLA MEMBERS IN THE PARLIMENT AND THE GNU NOT TO WASTE OUR TIME AND BACK UP TOWARDS KHARTOUM AIRPORT (HOPEFULLY THEY WILL GO TO JUBA ,NOT TO THEIR VILLAS IN AUSTRELIA OR FLORIDA WHERE THEIE FAT BANK ACCOUNTS AND BELOVED FAMILLIES AND CHILDERNS ENJOY THEIR LIFE AWAY FROM THE NEW SUDAN)

          UNITY WITH SPLA... IS NOT ATTRACTIVE!

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          • 30 October 2009 14:15, by kaiwam

            oh my God! such profanity! am not advocating for any side, i prefer to be very conservative with my political stance.
            one thing i know though, is this negativity and hatred is definetly not going to get us anywhere! united or separated!
            so please be an example to those who seem to be ignorant and atleast teach them something. thank you!(by the way if it makes any difference, i from a southern tribe. but i just prefer to call myself a sudanese)

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  • 30 October 2009 17:51, by Wende Yongaptheeth

    NCP is rejecting every institution, the United Nations Endorsed Court in the Hague and the AU proposed Court in Africa, therefore: the NCP is rejecting the UN and AU. The NCP should be held accountable for that. On the wrongheaded notion that, our African war criminals and genocide perptrators should not be apprehended and tried on different continents and by different courts consult history of wars and war crimes. People who are oppressed by their governments are assisted by international community to prosecute their criminal leaders and that was what happen to Hitler, Musolini, Melosevic and Saddam Hussein.

    The NCP is a pariah and outlawed. It is a party of the outlawed and for the outlaws who are rejecting Africa and the world community.

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    • 30 October 2009 18:32, by mack waweru

      Idiot Oshay should know that today’s world is unlike 100 years ago. We are living in globalization in which injustice in any place is a concern to all.Darfur issue is a great concern to the world and we shan’t be naive to turn blind eye and consider the move by the world court to try Bashir as recolonization of Africa by the West. It’s morally wrong for you to think so, since the internet you to disseminate your devilish views is a Western invention.
      If Africans are incapable to solve their problems, the alternative is to turn to civilized West.
      Don’t forget failed Sudan is a member of United Nations and is obliged to cooperate with the world to bring justice to 300,000 Darfuris killed by Bashir regime.
      You Arabs are always in state of denial when it comes to try to punish your leaders. Former Serb and Serb Bosnian leaders were indicted to the world court and all Muslims supported that, but with your criminal leaders, you shed crocodile’s tears.
      Rest assured that Bashir will never escape justice regardless how long it takes.

      Mack Awer

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      • 31 October 2009 16:06, by sheeple

        My fellow Southern Sudanese, we are fighting demons, these Arabs are souless humans who lie, kill, rob,torture,deceive,rape and constantly conspiring against us. They just wouldn’t quit doing these things on a daily bases, I honestly can’t think of anythnig drastic that can be done to end this nightmare.

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  • 3 November 2009 01:47, by ojok s. ojok

    Dear people, some of you are talking like little dogs. I don’t see why most of you are supporting the so called ICC who is criminals itself; do you know what the ICC or the UN did to Congolese people? When must Bush tried for the crime he committed in I rag. Spain and all European countries have sent millions of African slave to America. When should they go for trial for the destructions they did to Africa and its innocent people? Please you don’t need to be fool again and again; we must learn how to solve our problems. You talk of freedom in America, and blab blab, huh my friend, there is no such thing in America at all; life is all about struggle. Some of you already sold yourselves to France instead of working for peace in your own homeland, what are fuck?

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