Darfur Peace and Development

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)