Has the time for resolving the crisis in the Darfur region approached after seventeen years of suffering?
By Mahmoud A. Suleiman
At the opening and outset of this article, it really became a necessity imposed upon myself that To pray to God Almightyto have mercy on the souls of the victims of the genocide in Darfur and everywhere in the world. Our greetings and standing with the survivors of the genocide in the Darfur region in western Sudan and in the world as a whole.
One thought it is necessary to give some information about as to what the crime of Genocide means internationally and historically:
Genocide in history
Genocide is the systematic and intentional destruction, in whole or in part, on ethnic, religious or national grounds. This term was coined in 1944 by Raphael Lemkin. It is also defined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) of 1948 as “any of the following acts committed with intent to destroy, in whole or in part, a national, racial, racial or religious group, such as: killing members of the group, And causing serious bodily or mental harm to members of the group, imposing measures aimed at preventing childbearing within the group, and forcibly transferring children from one group to another group.https://ar.wikipedia.org/wiki/%D8%A7%D9%84%D8%A5%D8%A8%D8%A7%D8%AF%D8%A9_%D8%A7%D9%84%D8%AC%D9%85%D8%A7%D8%B9%D9%8A%D8%A9_%D9%81%D9%8A_%D8%A7%D9%84%D8%AA%D8%A7%D8%B1%D9%8A%D8%AE
In Sudan there are prominent headlines that filled the local and international press recently about the indictment of the currently ousted former President of Sudan Omer Hassan Ahmed al-Bashir and the place where he should be tried. The main Headlines are as follows:
Now it has become Knowing that the accused Omar Hassan Ahmed Al-Bashir is in a Reformatory /Correctional Institution for the elderly criminals in the Sudanese capital, Khartoum, on charges of financial corruption, as millions of US dollars were found hidden and stored in his home.
Where is the truth of the matter? Sudan’s President Omar al-Bashir, who is accused of genocide, crimes against humanity and war crimes in Darfur by the international criminal court (ICC) since 2009 remains at large, mainly due to collusion of the African Union (AU) that works in support of the membership of the Union. The doctrine of ‘you rub my back and I will rub yours’ is in operation. Thus, al- Bashir, who is accused of genocide, crimes against humanity and war crimes in Darfur, has not been prevented from travelling over the years across parts of Africa, the Middle East and China, in spite of the proceedings against him. At least three thousand civilians died in Darfur because of state-sponsored violence. Omer al-Bashir, denied that figure and in response, he said it is only ‘Ten thousand’! Confession is the master of evidence in a court of law. From the legal perspective Source: http://theydiffer.com/difference-between-admission-and-confession/ confession is considered by law specialists to be the ultimate evidence of guilt. The United Nations (UN) says up to 300,000 people have died from the combined effects of war, hunger and disease. President Bashir puts the death toll at 10,000.
African Union (AU) representatives have criticised the ICC in the past, claiming it has focused excessively on human rights violations on the African continent. Nevertheless, this is a serious distortion of its record. The ICC was an international effort to prevent any repetition of the genocide in the Balkans and Rwanda in the 1990s. More than 30 African states – including South Africa – signed up to the Rome Statute of International Criminal Court, the treaty that established the International Criminal Court (ICC), the Court’s founding act in 1998. It is 11 years since the situation in Darfur was referred to the ICC. This was not the result of unilateral western decisions but the consequence of a resolution voted by the UN Security Council (UNSC).
It seems that Confusion to be the master of the situationtoday in Sudan with regards to handing over Omer al-Bashir to the International Criminal Court (ICC) in The Hague in the Netherlands. This foregoing statement is due to the confusion around the growing fact that the Sudanese officials have not indicated whether Bashir’s trial can take place outside or inside Sudan, nor have they set a time for him to be extradited to the International Criminal Court.https://www.bbc.com/arabic/interactivity-51464804
Omer Hassan Ahmed al-Bashir who has committed the most heinous crimes which included genocide against civilian Sudanese citizens in the Darfur region is still at large. This Omer al-Bashir was supported by the elements in the National Congress Party (NCP) regime and shared him in committing the crimes against humanity, war crimes and crimes of genocide and being indicted by the International Criminal Court (ICC) at The Hague in the Netherlands since the year 2009 and remained fugitive. Omer al-Bashir’s deplorable entourage of Abdelrahim Mohammed Hussein, Ahmed Muhammed Haroun, Ali Osman Mohammed Taha and Ali Muhammad Ali Abd-Al-Rahman, commonly known as Ali Kushayb who is a senior Janjaweed commander supporting the Sudanese government against Darfur rebel groups, and as of June 2019, all are under an arrest warrant by the International Criminal Court (ICC) and are as well involved in committing the foregoing heinous crimes against humanity, war crimes, ethnic cleansing and genocide and remain at large.
For many years, former Sudanese President Omar Hassan Ahmed Al-Bashir refused to cooperate with the International Criminal Court, which was set up by the Security Council to discuss war crimes in the Darfur region, but the situation has completely changed in light of the new regime that was formed in Sudan after the overthrow of Bashir, and in light of the severe economic crisis in which the Sudanese people currently live.
On the other hand, Muhammad Hassan al-Taayishi, the Member of the Transitional Sovereign Council (TSC) in Juba, the Capital of South Sudan, where negotiations are taking place between the Sudanese government and representatives of Armed struggle movements under the Sudanese Revolutionary Front (SRF) factions in Darfur, declared that the government is “convinced in approving the appearance of those against whom arrest warrants have been issued before the International Criminal Court (ICC).” In the same context, Sudanese Minister of Information, Dr. Faisal Muhammad Salih, announced that the government had agreed with the rebel groups in the Darfur region during peace talks in Juba to bring the wanted persons before the International Criminal Court.
At that juncture, Amnesty International quickly responded to this announcement, as Julie Ferrhar, Acting Secretary-General of the International Organization, called on the Sudanese authorities to “translate their words into actions, and to immediately hand over Bashir and the rest of the wanted to the International Criminal Court in The Hague.”
Sudanese officials have not indicated whether Bashir’s trial can take place outside or inside Sudan, nor have they set a time for him to be extradited to the International Criminal Court.
On the other hand, the refusal to this decision came from the lawyer, Mohamed Al-Hassan Al-Amin, from the defense team for Al-Bashir On these accusations. “
And the questions will remain as follows Is the International Criminal Court (ICC) a political court and not a court of justice, according to Bashir’s lawyers? The previous statements of so-called al-Bashir’s lawyer are nothing but the previous desperate attempts of the (NCP) regime for discrediting the International Criminal Court (ICC) have failed miserably. The aim of those tireless efforts of the regime was to deny justice for the victims and survivors of genocide in Darfur.
Is the decision related to the economic crises currently in Sudan, and its need for foreign aid? Is handing over Bashir to the criminal court sufficient to end the conflict with the rebels in Darfur?
Thus, Crises accumulate, but the availability of the Popular Three Slogans for the Glorious 19th December 2018 Revolution of Freedom, Peace and Justice reassure the components of the Sudanese people despite the advent of the announcement of approval to hand over Bashir at a time when Sudan is experiencing severe living crises due to the lack of supply of bread and fuel in the markets, which earlier pushed thousands of Sudanese to go out in demonstrations condemning the deteriorating living conditions on Wednesday, February 12.
The Sudanese authorities have imposed restrictions on fuel consumption, and Sudanese Finance Minister Ibrahim Al Badawi announced that Sudan needs five billion dollars to prevent the economy from collapsing, and that the country has enough foreign exchange reserves to finance imports for several weeks only.
Sudanese leaders are seeking urgent financial aid from the World Bank, but this requires several steps, including removing Sudan from the list of state sponsors of terrorism.
In spite of all the foregoing events, the pain of the Darfur victims is still present in their minds of the survivors, and whenever one of them has the opportunity to communicate his voice, his first and last request will be the “Trial of Omer Al-Bashir before the International Criminal Court (ICC), as he was accused of launching a militia to attack the villages inhabited by non-Arab African groups. While the United Nations (UN) affirms that 300,000 people have died and 2.5 million have been driven from their homes by the order of the now have been ousted , Omer al-Bashir who continues denying the charges brought against him by the International Criminal Court (ICC) since 2009.
“To build peace in the region, Bashir, who committed the crimes of Darfur, must go to the International Criminal Court,” Ibrahim, 34, told Agence France-Presse in Kalma camp, which has been inhabited by tens of thousands of people fleeing conflict in the region for years.https://www.france24.com/ar/20191020-%D8%B4%D9%87%D8%A7%D8%AF%D8%A7%D8%AA-%D9%85%D8%A4%D8%AB%D8%B1%D8%A9-%D9%84%D8%B6%D8%AD%D8%A7%D9%8A%D8%A7-%D8%AF%D8%A7%D8%B1%D9%81%D9%88%D8%B1-%D9%88%D8%A5%D8%B5%D8%B1%D8%A7%D8%B1-%D8%B9%D9%84%D9%89-%D9%85%D8%AB%D9%88%D9%84-%D8%A7%D9%84%D8%A8%D8%B4%D9%8A%D8%B1-%D8%A3%D9%85%D8%A7%D9%85-%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9-%D8%A7%D9%84%D8%AC%D9%86%D8%A7%D8%A6%D9%8A%D8%A9-%D8%A7%D9%84%D8%AF%D9%88%D9%84%D9%8A%D8%A9
There are so many poignant testimonies of the victims of Darfur and insistence that Bashir should appear before the International Criminal Court (ICC).
We seek refuge in Almighty God from the NCP regime and its heinous crimes.
There is an endless inappropriate question over whether Omer Hassan Ahmed Al-Bashir to be tried inside or outside Sudan.
https://www.bbc.com/arabic/interactivity-51464804
© AFP 2020 / ASHRAF SHAZLY
Tallying to the above question, The International Criminal Court (ICC) said it is ready to try Sudanese people involved in crimes committed in the western Darfur region, At its Headquarters in The Hague or Khartoum.https://arabic.sputniknews.com/arab_world/202003041044763078-%D8%A7%D9%84%D8%AC%D9%86%D8%A7%D8%A6%D9%8A%D8%A9-%D8%A7%D9%84%D8%AF%D9%88%D9%84%D9%8A%D8%A9-%D8%AA%D9%82%D8%AF%D9%85-%D8%A7%D9%82%D8%AA%D8%B1%D8%A7%D8%AD%D8%A7-%D8%AC%D8%AF%D9%8A%D8%AF%D8%A7-%D8%A8%D8%B4%D8%A3%D9%86-%D9%85%D8%AD%D8%A7%D9%83%D9%85%D8%A9-%D8%B9%D9%85%D8%B1-%D8%A7%D9%84%D8%A8%D8%B4%D9%8A%D8%B1/
As it has become a common knowledge that On March 4, 2009, the pre-trial chamber of the International Criminal Court (ICC) issued a warrant of arrest for President Omar al-Bashir of Sudan on charges of crimes against humanity and war crimes. The warrant raises a number of important issues:
1. Can the court’s prosecutor bring charges against a head of state? Are presidents, prime ministers, and other heads of state and government not immune from prosecution?
The Rome Statute, which established the ICC, applies to everyone regardless of their official capacity. Any immunity/impunity that the person may have in his or her own country based on official position do not prevent the ICC from bringing charges. Article 27 of the Rome Statute states explicitly that heads of state are not immune from prosecution.
2. What requirements does the prosecutor have to meet to obtain an arrest warrant?
The pre-trial chamber issues a warrant if it determines that the summary of evidence that the prosecutor presented establishes “reasonable grounds to believe” that the person named has committed a crime within the court’s jurisdiction. A suspect who is arrested or surrenders to the court has an opportunity to object to the charges and to challenge the evidence in a “confirmation of charges” hearing. At that point, the pre-trial chamber must decide whether there is enough evidence to establish “substantial grounds to believe” that the person committed each of the crimes charged in order to move forward to trial.
3. Since the court did not confirm genocide charges against al-Bashir, does that mean that it has ruled that there was no genocide in Darfur?
The pre-trial chamber ruled only on whether the evidence put forward by the prosecutor established that there are “reasonable grounds to believe” that al-Bashir committed the crime of genocide under the Rome Statute, not whether genocide occurred.
Furthermore, as Genocide charges are difficult to prove, the Prosecutor must show that certain acts (namely killing, causing serious bodily or mental harm to members of a group, deliberately inflicting conditions meant to destroy the group in whole or in part, imposing measures intended to prevent births within the group, or forcibly transferring children from their community) were committed with the specific intent “to destroy, in whole or in part, a national, ethnical, racial or religious group, as such” on the basis of their identity. While there is extensive evidence of atrocities in Darfur, it is more difficult to prove specific “genocidal intent.” The prosecutor may, however, request the pre-trial chamber to amend the warrant later on if it finds additional evidence to support charges of genocide.
The ICC says we are ready to try the deposed and wanted people in The Hague or Khartoum
The world witnessed the crime of genocide in Cambodia, in Bosnia and Herzegovina, Serbia, in Rwanda and in Darfur and then in Myanmar against the Muslim Rohingya.
As a result of what this article referred to, the world must prosecute all those who committed this heinous crime – the crime of genocide so that no accused person escapes punishment.
Genocide is the deliberate killing of a large group of people, especially those of particular nation or ethnic group.
Noam Chomsky, Imperial Ambitions: Conversations on the Post-9/11 World has been quoted as have said: “For the powerful, crimes are those that others commit.”https://www.goodreads.com/quotes/tag/war-crimes
Today, the Sudanese Transitional Government had to rush to ratify the Rome Statute of the International Criminal Court (ICC) Document today before tomorrow, because just signing it is not sufficient because ratification is the basis for commitment. It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998 and it entered into force on 1 July 2002. As of November 2019, 123 states are party to the statute. https://www.google.com/search?sxsrf=ALeKk03vqMUMyyJ_JXKjeNnQDLLHOkUuLA%3A1583674733806&ei=bfVkXpzxMIGQ8gK9yq5I&q=rome+statute+of+the+international+criminal+court&oq=Rome+Statude&gs_l=psy-ab.1.1.35i304i39l2j0i13l8.16256.40616..44654…0.2..0.104.282.3j1……0….1..gws-wiz…….0i71j35i39j0i7i30j0i8i7i30.N0VJroNGBxg
Eugen Berthold Friedrich Brecht, known professionally as Bertolt Brecht, the German theatre practitioner, playwright, and poet, has been quoted as saying in his poems: “The first time it was reported that our friends were being butchered there was a cry of horror. Then a hundred were butchered. But when a thousand were butchered and there was no end to the butchery, a blanket of silence spread. When evil-doing comes like falling rain, nobody calls out “stop!” When crimes begin to pile up they become invisible and whensufferings become unendurable the cries are no longer heard. The cries, too, fall like rain in summer.”
Bertolt Brecht, Selected Poems
https://www.goodreads.com/quotes/tag/genocide
It is noteworthy that During the HOLOCAUST MEMORIAL DAY 2020 in London also commemorated the subsequent genocides in Cambodia, Bosnia & Herzegovina, Rwanda, and Darfur.
Seventeen years have passed since the Genocide in Darfur as of the Year 2020; the perpetrators are still at large despite the heinous crimes they have perpetrated against noncombatant civilian Sudanese citizens in the Darfur region in western Sudan.
The time has come and the trial of those involved in the crime of genocide in Darfur has passed. The post-Glorious December Revolution Government in Sudan must hand over the perpetrators to the International Criminal Court (ICC) at The Hague, in the Netherlands today, before tomorrow.No more room for procrastination and excuses.
Abraham Lincoln the American statesman and lawyer, who served as the 16th President of the United States of America and led the Nation through its Greatest Moral, Constitutional, and Political Crisis in the American Civil War, has been quoted as saying: “You cannot Escape the Responsibility of Tomorrow by Evading it Today”! https://www.google.com/search?q=quotes+about+response+to+duty&sxsrf=ALeKk01TQ4cJ2zbR7pZNkxfF13Jl65T_Ow:1583681279270&tbm=isch&source=iu&ictx=1&fir=O9iSHyOFcW76LM%253A%252C1VHt6Y5QDBm78M%252C_&vet=1&usg=AI4_-kRqefhC1m4cgzG1CuXK461qbVaR8w&sa=X&ved=2ahUKEwinitrAmIvoAhWFolwKHYlVBkwQ9QEwAnoECAgQCQ#imgrc=O9iSHyOFcW76LM:
Dr. Mahmoud A. Suleiman is an author, columnist and a blogger. His blog is http://thussudan.wordpress.com/