SUDAN INSIGHT ALERT: Radio Dabanga - ACPJS director: ‘Mixed Sudanese-ICC tribunal on Darfur war crimes impossible’
Radio Dabanga reports that the African Centre for Justice and Peace Studies (ACPJS) calls on the Sudanese government to hand-over those wanted by the International Criminal Court (ICC). ACPJS Executive Director Musad Mohamed Ali highlighted Sudanese legal limitations which render a trial in Sudanese courts for those wanted by the ICC for crimes committed in Darfur “out of the question.”
Citing the principle that law cannot be applied retroactively, Ali noted that Sudan did not recognise war crimes, crimes against humanity and genocide between 2003-2005 – when the crimes occurred.
Ali added that Sudan has not had an independent, impartial and transparent judiciary for the past 30 years, with the judiciary lacking “practical” experience in international humanitarian law and human rights violations.
Therefore, Ali said that the two options are to hand-over al-Bashir to the ICC in the Netherlands, or to bring the ICC to Sudan.