Home | News    Monday 2 November 2009

Sudan accuse ICC prosecutor of standing behind AU hybrid court proposal


November 1, 2009 (WASHINGTON) – The Sudanese government today stepped up its criticism of the African Union (AU) panel headed by former South African president Thabo Mbeki for recommending a hybrid court to try Darfur war crimes suspects.

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Luis Moreno Ocampo, Prosecutor of the International Criminal Court (Getty Images)

This week, the 15-member AU Peace and Security Council (PSC) endorsed the report compiled by the high level on Darfur including calls for a special court consisting of non-Sudanese judges.

But Khartoum gave the proposal a cool reception with 2nd Vice president Ali Osman Taha telling the PSC in Abuja that the judicial mechanism requires further discussion and stressing that Sudanese law and competence of judiciary “provides the necessary framework to achieve justice”.

Yesterday Sudanese presidential adviser Mustafa Osman Ismail reiterated this position saying that “the sovereignty of Sudan and the independence of its judiciary must be respected”.

Sudan official news agency (SUNA) quoted a senior National Congress Party (NCP) as saying that his party has full confidence in the ability of the local judiciary to achieve justice in Darfur.

The political bureau officer at the NCP Mandoor Al-Mahdi also accused the International Criminal Court (ICC) prosecutor Luis Moreno-Ocampo of standing behind the hybrid court proposal.

“After Ocampo failed in furthering his agenda through the ICC he now wants to find another entry though the so-called hybrid court” Al-Mahdi said.

This week the ICC prosecutor hailed the special tribunal proposal made by Mbeki’s panel saying that it would complement his court’s work.

“The primary responsibility lies in national states,” Ocampo told Reuters. “The ICC is just doing a piece — prosecuting the most responsible — but then there are other efforts needed”.

The Mbeki panel made an implicit endorsement of the ICC prosecutions in Darfur, contrary to the position taken by the AU which criticized the arrest warrant issued this year for Sudanese president Omer Hassan Al-Bashir and instructed its members not to cooperate with the Hague based tribunal in apprehending Bashir.

“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” the AU panel report says.

Today a former UN official also criticized the Mbeki panel recommendations on justice saying that it will place Sudan “under international guardianship” and is an infringement on the country’s sovereignty.

“The wise men panel report on this regard is a late wisdom and advanced gullibility and whoever agrees to this proposal has effectively endorsed this late wisdom and hailed this advanced gullibility” the former director general for the World Intellectual Property Organization (WIPO) Kamil Idris told the Al-Sudani newspaper in an interview.

Idris, who noted his friendship with Mbeki, suggested that the outcome of the report was a result of international pressure leading to “non-African solutions” stressing that Sudanese judiciary has excellent regional reputation.

However, a prominent Islamist writer today warned that the Sudanese government must accept the justice tools put forward by Mbeki.

“[Taha’s response] is a sealed rejection [of the hybrid court] that will eventually be uncovered. The [Mbeki] commission was aware of what he was referring to which is why it recommended changing judicial legislation. Ali Osman the Vice president should have answered as to why the Sudanese judiciary did not carry out its duties towards Darfur crimes over the last six years” Al-Tayib Zein Al-Abdeen wrote today in the independent Al-Sahafa newspaper.

“It is not hard for anyone to realize why the government is foot dragging on this matter all these years because its hands are not totally clean from these [Darfur] violations. All the world’s conspiracies will not clear the government from what it committed against its people in Darfur in heinous crimes” Al-Abdeen said.

“The government will find itself more under siege than ever. The AU stood on the side of the government more than any other international group and it is hard for the government to accuse it of serving imperialist colonialist goals against Sudan or that it stands against Islam and Muslims” he added.

Mbeki told reporters this week that Khartoum accepted hybrid court but that it 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.

In order to allow for establishment of the special court, the panel wants Sudan is to change its laws to allow participation of foreign judges, something which Khartoum rejects.

Despite the opposition made by Khartoum to the AU report, observers express skepticism that the pan-African body will be willing to exert pressure on Sudan to implement it.


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  • 2 November 2009 05:24, by Dinka Boy

    Bashier is not Darfur war suspect please, he is the Darfur war criminal who create genocide in the region.
    He must be hang and that will solve the problem.

    repondre message

    • 2 November 2009 08:39, by Wende Yongaptheeth

      Hang Al Beshir ugly impotent fat ass.
      fuck the slaves arabized and Islamized nubians who hates their skins, heritage and identities.These arab world prostitutes should go to their masters in arabs world.

      repondre message

  • 2 November 2009 05:27, by Samson Shawel Ambaye

    God be with Right Honorable Prosecutor Sir Luis Moreno-Ocampo. Bashir and his dead government officials have to bow before ICC.

    repondre message

    • 2 November 2009 12:30, by Sala Gai

      Iam very surprise of seeing interrupter on this website and i deed known where do they came from?

      The seem that they are visa of this website

      repondre message

  • 2 November 2009 05:37, by Kur

    Why Khartoum’s court has not tried a single person in relation to crimes committed in Darfur since the government cliams that the Sudanese judiciary system is qualified to try those responsible? You guys are not going to fool anybody. The world is watching and all criminal elements who have participated in rape and killing in Darfur will eventually be brought to justice. It does not matter how long it takes, justice will be served.


    repondre message

  • 2 November 2009 06:11, by Otong

    Hey Oshay,

    Why are you not commenting any more? Did your master el bashir stop paying you? Or you’ve change to be come a southerner? Well this days it seems there is no negatives news on South Sudan for you to comment on, it all good news for South Sudan and SPLA/M.

    repondre message

    • 2 November 2009 09:59, by DASODIKO

      Are you nuts NCP? you was the one who brought AU Panel and paid for not ICC so how can you accuse the ICC for being behind the AU Panel reports? Money done’t always work as you believe NCP not everything is for sell in this world. Only six months left from 20 years of your age either you all committed suicide or spend rest of your lives in jails.

      repondre message

      • 2 November 2009 11:02, by mohammed ali

        What do you want from AL BASHEER now? you are going to have your Independant state, so what do you want from us , just leave us alone we are very happy with AL BASHEER and we are capable of defending him against the white man colonial court!

        It is better for you to show us how you conduct transparency and the rule of law! Simply let your people know who looted $ 2.7 billions.Then you will know who is commiting mass murder, mass burning of children, mass drowning of women.This will make us follow your examplary justice of New Sudan!!

        Dissminating hatred is not going to solve your problems.Now you are and independent state ,and you are going to be completely free from any connection with the Jlabba.Just leave us alone , tell your paresident not to go Khartoum, and stop ruling the Jalbba.; tell your ministers in the GNU to stuff their bags and move towards Khartoum airport.Where they go is not our concern , we jus want them to stop ruling us.

        repondre message

        • 3 November 2009 00:42, by Aduol Liet

          Mohammed Ali.

          We need your uncle Omar al Bashir and his National Congress members to face the ICC justice before we get Independence of Southern Sudan, remember your uncle Hassan Omar al Bashir has committed crimes against human, there are 3 million dies in civil war between North-South and there is no reason for these big million to be lost in the Country if the Sudan was good. Omar al Bashir is the mass killer ever in the history of Africa as you might see the genocide in Darfuri still goingon while he was been warning by the world to stop war at all level in Sudan and he doesn’t listen and he never felt sorry to million dies in Sudan otherwise, 200,000 Darfurians people wouldn’t be death if he love all Sudanese citizens.

          Question are you stupid or who do you want to live in Sudan if 3 million mostly Southern Sudanese, Nubian Sudanese citizens and 200,000 Darfurian death in Sudan and Omar al Bashir’s government continues killing many Sudanese citizens, how many people do you want to remain in Sudan.? Time for Sudanese Arab to face all kinds particular, we would like to revenge the genocide which Arab in Sudan did to us we none Arab in the Sudan.

          repondre message

        • 4 November 2009 11:32, by Pinypiath

          Good question Mr.Mohamed Ali, what do we need from Al Bashir should have been your question because it is not only Southerners that need Your uncle but the whole Sudan and some justice countries of the world.The world want to show justice to Bashir that by killing innocent civilians is not humane. If you and Bashir believe in Allah then let him stop killing. Jihad should be stopped,

          You will not enter Allah Kingdom through killing others and the short cut to Allah is death which is already in Bashir,s plate.


          repondre message

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