Sudan may accept hybrid courts to try Darfur war crimes

February 1, 2009 (ADDIS ABABA) — A Sudanese official expressed his government’s willingness to accept a hybrid court consisting of African judges to look into Darfur right abuses.

The deputy Sudanese ambassador to Ethiopia Akoy Bona Malwal told reporters that a committee formed by the African Union (AU) will evaluate the ability of Sudanese courts to look into crimes committed in the Sudan’s western region since 2003.

Last week the AU asked former South African leader Thabo Mbeki to head a panel on how to reconcile the need for accountability in Darfur with opposition to calls for Sudan’s president to be prosecuted.

“I have written to President Mbeki to ask him to chair a high level panel to submit recommendations on how best to reconcile the fight against impunity (in Darfur) while also dealing with reconciliation and forgiveness” the AU Chairman Jean Ping said.

In August 2008 Ping said that the AU it is drawing up a list of top lawyers to investigate Darfur war crimes in response to the move by the International Criminal Court (ICC) prosecutor to seek an arrest warrant for Sudanese president Omar Al-Bashir.

“We have decided to create a panel of eminent lawyers which would come to work in Sudan. This has been fully accepted by Sudan” AU commission chairman Jean Ping told Agence France Presse in an interview on Monday.

It is not clear if the panel headed by Mbeki will have the same mandate.

The ICC judges are expected to issue a decision on charges made last year by prosecutor Luis Moreno-Ocampo against president Omer Hassan Al-Bashir that include three counts of genocide, five of crimes against humanity and two of murder.

Malwal said that if the panel is not satisfied with the performance of Sudanese court then a hybrid court could be setup to conduct trials.

The remarks signify a change in positions by Khartoum regarding the participation of non-Sudanese judges in Darfur trials.

Last July the Sudanese justice minister Abdel-Basit Sabdarat said that Khartoum will not accept “a regional court in Sudan or any foreign trials”.

“Sudanese courts are capable to carry out its duties and it is open for anyone to attend” Sabdarat said.

A new special prosecutor for Darfur crimes was appointed who promised to start trials including one against militia leader Ali Kushayb who is also wanted by the ICC.

But so far little information has emerged from the process with some observers suspecting the seriousness of the government and others saying the step is belated.

The AU along with other regional organizations have criticized the ICC move and called on the UN Security Council to adopt a resolution under Article 16 of the ICC Statute which allows the council to suspend the ICC prosecutions in any case for a period of 12 months that can be renewed indefinitely.

The AU chairman has harshly criticized the ICC accusing it of being biased against African countries while ignoring other countries.

Mbeki has also joined the criticisms while serving as South Africa president saying last year that Bashir “must not be indicted for genocide, crimes against humanity and war crimes”.

“It does not make any positive contribution, and therefore we are against it, regardless of whatever facts might be advanced” he added.

The UNSC issued resolution 1593 under chapter VII in March 2005 referring the situation in Darfur to the ICC.

(ST)