Friday, December 20, 2024

Sudan Tribune

Plural news and views on Sudan

When will be the application of transitional justice in Darfur

Jutice in Darfur

Jutice in Darfur

The urgent question still awaits the answer as towhen will be the application of transitional justice in Darfur

by Mahmoud A. Suleiman

This article comes against the backdrop of the systematic delay that has associated with the Transitional Justice to the surviving relatives of Genocide victims in the Darfur region in western Sudan, because the delay is considered part of the injustice, and as the saying goes, injustice is darkness at this very juncture, let us hear the echoes of the Words of the Former International Criminal Court (ICC) Prosecutor Fatou Bensouda that continue to ring and Echo about the UNNESSARY Delaying of the Transitional Justice for the relatives of the Victims in Darfur Region in Sudan. Hence, Sudan Must Deliver Long-Awaited Justice by Ending Impunity for Perpetrators of the Atrocious Crimes in Darfur, International Criminal Court Prosecutor Tells the United Nations Security Council (UNSC).

https://www.un.org/press/en/2021/sc14546.doc.htm

Sudan Must Deliver Long-Awaited Justice by Ending Impunity for Atrocity Crimes in Darfur, International Criminal Court Prosecutor Tells Security Council.

Transitional justice DEFINED

https://www.ictj.org/about/transitional-justice

Transitional justice is a procedure to respond to massive human rights violations that implements judicial redress, political reforms in a region or country, and other measures in order to stop human rights abuse. FURTHERMORE, Transitional justice refers to the ways countries emerging from periods of conflict and repression address large-scale or systematic human rights violations so numerous and so serious that the normal justice system will not be able to provide an adequate response. THIS IS ACCORDING TO THE INTERNATIONAL CENTRE FOR TRANSIONAL JUSTICE (ICTJ).

Creation of Transitional Justice Commission is under Way, Sudan’s Representative Says. Nevertheless, it is mandatory and onus on the transitional Government in Khartoum in Sudan must now fully seize its critical role in delivering long-awaited justice to victims by ending impunity for perpetrators of atrocity crimes committed in Darfur almost 20 years ago, the Prosecutor of the International Criminal Court (ICC) told the United Nations Security Council (UNSC) today. The Question is as to why Omar Hassan Ahmed al-Bashir and his criminal Entourage are still remaining in the Kober Prison in Khartoum instead to be delivered to the International Criminal Court (ICC) at The Hague in the Netherlands and instead of answering the urgent question, whose answer has been too long and is prolonged. On the other hand, while briefing the 15-member organ for the final time in her capacity as the (ICC) Prosecutor, Fatou Bensouda presented the thirty-third report on the situation in Darfur, pursuant Resolution 1593 (2005), highlighting achievements and challenges ahead.  She continued saying: Today, “developments in Sudan amply demonstrate that the arm of justice is long and patient,” she said, recalling productive meetings with authorities and victims in affected communities during her last visit to Darfur — the Court’s first in 15 years.  Citing forward steps towards delivering justice, she said the Office had presented evidence at hearings in May for two suspects, and a new page had been turned towards constructive cooperation between the Court and the transitional Government of Sudan to address outstanding issues.

Fatou Bensouda, who briefed the 15 members for the last time in her current capacity as Prosecutor, submitted the thirty-third report on the situation in Darfur, pursuant to resolution 1593 (2005), highlighting achievements and challenges ahead. Today, “developments in Sudan at length show that the arm of justice is long and patient,” she said, noting the fruitful meetings with authorities and victims in affected communities during the recent visit to Darfur – the court’s first in 15 years. Citing the front steps towards achieving justice, she said that the office provided evidence in the hearings in May of two suspects, and a new page was opened towards constructive cooperation between the court and the transitional government in Sudan to address the outstanding cases.

Still, the road ahead remains long and fraught with dangers, she said.  The transitional Government must now tangibly demonstrate that the new Sudan is now a full-fledged member of the international community that has joined the fight against impunity and is fully committed to justice and the rule of law.  Almost all the suspects are in the custody of the Government of Sudan, and there is no legal impediment to their surrender to Court.  Raising several concerns, she said a volatile security situation in some areas of Darfur has seen tribal fighting and armed clashes between Government forces and armed rebel groups contribute to large-scale displacements and deaths.  She also expressed dismay at reports indicating an increase in incidents of sexual and gender-based violence against women and girls.

At the same time, she said, the situation in Darfur is a clear demonstration of how the framers of the Rome Statute system envisaged the Court and the Security Council working together towards the twin goals of justice and peace.  The Council’s referral of the Darfur situation to the Court in 2005 — the first of its kind related to atrocity crimes — brought hope to the victims by sending a clear message:  justice is not only important in its own right, but also has a multiplier effect on achieving sustainable peace, she said.  (See Press Release SC/8351.)

“Justice and accountability in Sudan, including Darfur, cannot be achieved without maintaining security and stability for vulnerable communities,” she said, calling on Council members and regional partners to help Sudan break this troubling cycle of violence.  Indeed, the support of all United Nations Member States in restoring and maintaining lasting peace in Sudan remains as important today as it was 16 years ago, she said, adding that:  “I trust that the recent progress that has been made in the Darfur situation, after so many years of shattered promises and disappointment, will serve as a beacon of hope to the victims of atrocity crimes in other situation countries, as well.”

In the ensuing discussion, many Council members voiced concerns about chronic violence, with some calling for Sudan to meet its obligations to the responsibility to protect civilians.  Many commended recent positive steps, including the operationalization of Sudan’s Truth and Reconciliation Commission and a Special Court for Darfur crimes. But the truth continues to prevail, and the question continues, when will Omar al-Bashir and his criminal entourage be handed over to The Hague? The question targets both General Abdel-Fattah Al-Burhan and the Sudanese government for answers.

In it we find: “Justice delayed is little better than justice denied.” So this phrase is indeed a very early nineteenth-century proverb (in the United States, too). “To delay justice is injustice” appears to be substantially older than William Penn’s use in 1693. https://www.google.com/search?client=avast-a-2&q=quotes+about+delayed+justice&oq=quotes+about+delayed+justice&aqs=avast..69i57j0.17757j0j9&ie=UTF-8

But the Truth is: “Justice delayed is justice denied” https://en.wikipedia.org/wiki/Justice_delayed_is_justice_denied

Elie Wiesel Romanian-American writer, professor, political activist, Nobel laureate, and Holocaust survivor. He authored 57 books, written mostly in French and English, including Night, a work based on his experiences as a Jewish prisoner in the Auschwitz and Buchenwald concentration camps;  born on 30 September 1928, Sighetu Marmației, Romania and Died: 2 July 2016, Manhattan, New York, United States, has been quoted as saying:” There may be Times when we are POERLESS to PREVENT INJUSTICE, but There Must Never be a Time when we FAIL to PROTEST”. https://www.google.com/search?client=avast-a-2&q=who+is+elie+wiesel%3F&oq=who+is+elie+wiesel%3F&aqs=avast..69i57j0l8.13487j0j9&ie=UTF-8

 

 

Dr. Mahmoud A. Suleiman is an author, columnist and a blogger. His blog is http://thussudan.wordpress.com/