Sudan will 'conditionally' accept hybrid courts for Darfur crimes - Sudan Tribune: Plural news and views on Sudan

November 18, 2009 (KHARTOUM) – The Sudanese government softened its resistance to the African Union (AU) proposal of establishing a hybrid court to try the Darfur war crime suspects saying it may accept it under certain conditions.


Sudanese presidential adviser Mustafa Ismail

The AU high level panel on Darfur (AUPD) led by former South African president Thabo Mbeki said in a report last month called for a "hybrid Criminal Court which shall exercise original and appellate jurisdiction over individuals who appear to bear particular responsibility for the gravest crimes committed during the conflict in Darfur, and to be constituted by judges of Sudanese and other nationalities".

It further outlined the modalities for the formation its formation saying that it would consist of a "Hybrid Criminal Chamber, which should be composed of panels of highly qualified and suitable individuals of Sudanese and other nationalities".

Sudanese officials rejected the proposal saying it violates the Sudanese constitution and the independence of its judiciary.

The Sudanese presidential adviser Mustafa Ismail acknowledged in an interview with Al-Mushahid Al-Siyasi magazine that his government has reservations on the idea.

"We in Sudan want a comprehensive justice with transparent and absolute confidence in the court and we are working towards making Darfuri people have complete faith in the court" Ismail said.

"However, we want to make sure that this court will not be at the expense of Sudanese independence and its sovereignty" he added.

The Sudanese official said the proposal is not a new one having being recommended during meeting between Sudanese president Omer Hassan Al-Bashir and his Egyptian counterpart Hosni Mubarak as well as by former Nigerian president Olusegun Obasanjo but that the former AU commissioner Alpha Omer Konare "was no enthusiastic about it".

Ismail said Sudan "wants a dialogue" with the Sudanese judiciary on the mandate of the hybrid court and the limits of its jurisdiction adding that they accepted the proposal after the International Criminal Court (ICC) issued an arrest warrant last March for Bashir.

Earlier this month Fathi Khalil the head of the Sudanese bar association blasted the proposal and pledged to resist the proposal until it is "aborted" saying that is needed to "preserve the prestige of Sudanese judiciary".

Today Sudan official news agency (SUNA) carried views of international law experts who echoed the views of Khalil saying that endorsing hybrid courts undermines the integrity of the Sudanese judiciary.

Following a meeting of the Peace and Security Council (PSC) last month, 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.

(ST)

12 Forum messages

Sudan will ’conditionally’ accept hybrid courts for Darfur crimes 19 November 2009 07:31, by Wende Yongaptheeth

Where do you think these Arabized Nubians are going to run to?

Three Nubians tribes who fully arabized have hijacked the state of Sudan since independent and they are Ja’alyiin, Danaqla and Shaigi.To hell with the three tribes enterprise of using the state of Sudan as their tribal property. Their tribal chiefs such as Mahgoub, Ismail Azair, Saddiq and Mahdi, Sawar El Dahab, Numeiry and their current inddicted tribal chief Omar Beshir have managed the Sudan as their tribal private enterprise.

We want all crimes and crimes in Darfur to be heard by the Hybrid court and only the hybrid court no more arabized Nubians court to hear anything.

Sudan will ’conditionally’ accept hybrid courts for Darfur crimes 19 November 2009 08:04, by Wiyual Wech Puk D. Payol.

let sudan government accept court fully,instead of accepting it conditionally.the sudan president Omer Hasssen is completely a criminal.let him face his criminality actions.

Sudan will ’conditionally’ accept hybrid courts for Darfur crimes 19 November 2009 07:35, by Amir Ageeb

A bad behaviour characterizing the current government is that it always rejects any new idea or suggestion. The current government always tries to impose its view but finally it returns back and accepts whatever may be! Do not tell us about alleged conditions.

The strong Party does talk about "Conditions". Is the government in a strong position as to impose conditions? What conditions?

No options are here since the matter is related to the Sudan, its Judiciary system and its sovereignty. Any way to form Hybrid courts is direct intervention in the Sudanese Jurisdiction which is unacceptable and should be treated as such.

Sudan will ’conditionally’ accept hybrid courts for Darfur crimes 19 November 2009 08:09, by julius mowanga

The anticipated conditions,i assume,will be the formation of the judges resisding over the Darfur’s War Crimes.NCP may insist,it have to be compromised by African Judges only,who are NOT from countries signed the Roma Treaty,or supporting the ICC,shared with a similar number of judges to be Sudanese in the hyprid court.So that it will be easier for the NCP to allienate them,and conclude its verdit as theatric show to the world,portrating that they applied the justice to the Darfori victims and their families...

Peace Out
- Sudan will ’conditionally’ accept hybrid courts for Darfur crimes 19 November 2009 11:21, by Harzan Nyocho
  
  Bashir must face ICC with out compromise.SPLA shall wine election. it is time for cat to look for rate.no peace between cat and rate.NCP pritans they know batter but they are not.sudan it is not for arab you Bashir is for back people. it is not Islamic country it is for melti religion country Africano religion and christanty only from begining of sudan story. But now arab want to Islamais us now away you Bshir.

Sudan will ’conditionally’ accept hybrid courts for Darfur crimes 19 November 2009 08:11, by Samson Shawel Ambaye

God be with ICC UNSC AUPD

When God wanted to punish criminals thousands years ago God said to Moses I made you like God.

Right Honorable Prosecutor Luis Moreno-Ocampo is God of the 21st Century to punish criminals Bashirs.

Sudan will ’conditionally’ accept hybrid courts for Darfur crimes 19 November 2009 08:20, by Greater Equatoria

They are defeated now by the way! The ICC is against them,and also the AU is gain st them.This is the reason why they are accepting the out come of Mbeki’s findings? No option for them.But there is no way for you guys(the so called the Arabs of Sudan(.The only way you can survive is to hand Bashir to the court,just like the president of Yugoslovia(Europe).

Sudan will ’conditionally’ accept hybrid courts for Darfur crimes 19 November 2009 09:07, by BEN-ALEX PIRAMOE

When your one hand leads you to sin cut it out or your one eye leads you to sin remove it for it good to enter the kingdom of god without those one,one than you being procuted in hell as stated in the bible of mathew, so there is no reason behind to why sudan as to accept hybrid courts conditionally so you have to deer the faults and mistakes and accept it fully for if we insist of leaving a bitter cassava in the garden to continue producing i think it will spread all over the garden and occupy three quartors of the land, so i don’t agree with the statement of ismail for such unclear statement bachir MUST GO and answer the crimes for the innocent darfourians. so i urgy my fellow webs readers to be kin of such statement because this are thing which will not lead the CPA to last for long and fail in the coming election.

Sudan will ’conditionally’ accept hybrid courts for Darfur crimes 19 November 2009 09:28, by Daniel DENG

Dear readers and writers, Nothing new to do with what so – called hybrid court. You can observe government‘s contradiction. Keep eying you will see where this injustice judiciary gonna end up. The only solution is ICC for its independence and transparent, because it is impossible to grantee bribed African leaders’. NCP party doesn’t have an alternative to escape rather to accept this proposal; it is a clear way-out as they know the consequences of rejection. Mr.p advisor is likely to say Sudan‘s constitution law is above ordinary laws, yes you are right, but which judiciary you ‘r talking about? Is that NCP you aware of?. NCP supporters will stupidly engage in saying that Sudan is entitle to reject for has sovereignty, anyway it’s their confrontation with AU, but the most significant matter is GOS‘s seriousness toward the establishment of the court. Stop propaganda through the media and be honest with people accordingly . l Dengdid

Sudan will ’conditionally’ accept hybrid courts for Darfur crimes 19 November 2009 13:27, by telfajbago

I have stated early that the NCP should stop playing the accepting or rejecting game,because the Darfurian victims will not accept the what so- called hybrid courts;and I think the Egyptian Prime Minister had revealed the true intention of the AU panel,so the national Congress party should sock and drink the report it midwifed to come out.

Sudan will ’conditionally’ accept hybrid courts for Darfur crimes 19 November 2009 13:24, by Akuma

Hello Farcical leaders,

Sudanese government have make their parts in destroying darfur year and years, some of our leaders may end up in Hague for international criminal charges against war in Darfur.

Whether African Union hybrid or Sudanese government, none of them could try the Darfur war crime suspect because all play their parts in killing innocent Darfur civilians.

However, we should stil tell the international criminal court or Traditional criminal court to arrest those involved for the atrocities in Darfur.

Furis need peace like the rest of the citizens eventhough the participate in killig southern sudanese during the war, that is warring time and we could not blame them, otherwise let them test how bitter/sweeter of the fruits of war.

Sudanese watch, Bashir will face international criminal court like the Charles Taylor of Liberia. Hague doesn’t kill anyone, and we couldn’t who is wrong when the case is not open to the public.

Dr.Akuma, Chicago USA

Sudan will ’conditionally’ accept hybrid courts for Darfur crimes 20 November 2009 01:23, by Nguetbuny de Luelpiny

To Africans and Sudanese

All this damned Hagues are trying to excute African Leaders. During their Europian Civil wars, there were no Leaders from Europians brought to Africa trail for.

They are playing their own Tricks on African people. If they wanted to help why not helping weak side people. I don’t like the hague ideas.

Africa is for African; and Europe for Europians. Asia is for Asians. No damned of them come to prosecute African people. They don’t know how others painful African are feeling.

Liberator Africans tone.

Nguetbuny de Luelpiny