Three Messages on ICC-Sudan Cooperation and the issue of handing over Omar AL-BASHIR

Press Writer on African Affairs

I received three messages on the current debate and discussion that exploded in Sudan after the transitional government – the council of ministers to hand over former Sudanese president Omar AL-BASHIR to ICC.

1- The Former Sudanese President his future became clear.
by Idrees Osman.

Months ago, the Sudanese transitional government and the International Criminal Court (I.C.C.) signed a memorandum of understanding (M.O.U) for achieving justice for victims of war and genocide in the Darfur region, West Sudan. The crimes were committed from 2003 to 2007 since then the ICC and the UN security council intervened in the issue and the ICC issued an arrest warrant against Omar Al-Bashir. However, the conflict that killed more than 300 thousand people and displace over 2.8 million to neighboring countries in the region continued after the arrest memo. Despite all things done in this regard, still, the victims of the war want Al-Bashir to be handed over to ICC urgently and they want to see justice for their case. During Bashir’s time talking about ICC was prohibited and any person who tries to call for justice will be punished by Bashir’s security. After ousting Bashir, Sudanese people are seeking life post his era to be better.

In reality, people got what they want but not completely.

2- Another message from Bahar Shareef confirming the same stand and supporting the idea of handing over Al-Bashir to ICC but in a different context and with different conditions.

“We want the government to hand over Bashir to ICC but not to deny justice that victims want it to be implemented against other criminals.” Bahar wrote.

The message stated that Al-Bashir was not alone in committing crimes in Darfur, and call for the complete intervention of ICC in all cases and to lift the immunities for all Sudanese leaders who were at that time fighting with Bashir in his army or were fighting within other armed groups and militias, “We need justice to cover all the cases not to make Bashir a scapegoat for other criminals”, Bahar said.

3- Hafeed Abdalla wrote a short piece on the issue of ICC cooperation with Sudan calling for hybrid courts with national judges and ICC supervision and a wider role for victims’ families to lead and monitor the process.

Hafeed explained the process of transitional justice as a mixed process that contains justice and reconciliation.

My comment:

I am really glad to receive such interactions from the young generation but I do believe that a big step like handing over a former president or signing an agreement with ICC or even launching a national process of transitional justice, all these things need an elected government.

How can we confirm that one of these solutions for ICC-Sudan long-troubled relation is correct?

Some would argue that no way for elections before transitional justice is completely achieved. My answer is the Kenyan model where the cooperation between ICC and Kenya happened within the context of the democratic and elected government.

Complete and idealistic justice cannot be achieved while there is no practice of democracy at all.

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