SUDAN INSIGHT ALERT: Radio Dabanga - Will Al Bashir ever stand trial at the International Criminal Court?
Global Law specialist Mohammed Elgizoly Adam calls for Sudan’s transitional administration to hand over Omar Al Bashir to the ICC, in order to prove its peace credentials and re-integrate itself into the international political and economic community.
However, Adam casts doubt on the ability to extradite al-Bashir to face war crime charges – noting that key international actors such as the African Union and the US are hostile towards the ICC.
Adam also argues that grounds to try Al Bashir for war-crime in Sudan are unreasonable - given that al-Bashir’s deep-state still functions in the judicial branch may serve as an obstacle to independent judges and witness protection.
In addition, Adam argues that Sudan’s legal system both lacks the capacity to convict a defendant as powerful as al-Bashir, and that Sudan’s legal system fails to adequately define or recognise crimes such as war crimes, crimes against humanity and genocide.