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South Sudan mulls joining the ICC after secession

January 26, 2011 (KHARTOUM) – The new state of Southern Sudan will look into joining the International Criminal Court (ICC) and other world bodies, a Southern official said today.

Government of Southern Sudan's minister of Regional Cooperation Deng Alor Kuol (AFP)
Government of Southern Sudan’s minister of Regional Cooperation Deng Alor Kuol (AFP)
The ICC has became a controversial topic in the world and Sudan particularly after it issued two arrest warrants in 2009 and 2010 for president Omer Hassan Al-Bashir on ten counts of crimes against humanity, war crimes and genocide for his alleged role in Darfur atrocities.

Bashir’s travel has been hampered by the warrant and many countries have refused to receive him because of it. Western official have also avoided meeting with him.

The ruling National Congress Party (NCP) in North Sudan rejected the jurisdiction of the ICC and said it will not hand any of its citizens there despite a UN Security Council (UNSC) resolution in 2005 obliging it to do so.

Preliminary results of the South Sudan referendum on independence show a near perfect vote in favor of establishing a new state separate from the North.

Under the 2005 peace deal, the new nation will become official at the end of the interim period in July of this year.

Asked whether south Sudan would join the international court based in The Hague, the south’s minister for regional cooperation, Deng Alor, told reporters: “Why not? We don’t have a problem with the ICC” according to Reuters.

“The ICC is about human rights. We fought for over 40 years for human rights — we will see the procedure and definitely they will contact us or we will contact them and we will have no problem,” he said late on Tuesday.

Alor is the precursor to the south’s foreign minister until it becomes independent on July 9.

ICC membership would oblige the south to arrest Bashir if he set foot on its territory.

Sudan’s north has pledged to remain friends with an independent south. The two new countries will be economically interdependent and share their longest border with each other.

The NCP’s media official Rabie Abdulatti told the London based Al-Sharq Al-Awsat that it is up to the South to decide on ratifying the Rome Statute of the ICC.

However he advised the South to learn from other African nations which according to him refused to deal with the court adding that some have even decided to withdraw.

The African Union (AU) adopted several decisions instructing its members not to cooperate with the ICC in apprehending the Sudanese leader even if they are signatories to the court’s statute. But some African nations later distanced themselves from the resolutions.

In 2009, Sudan along with Libya, Senegal and Eritrea have sought to have a mass withdrawal of African nations from the court but that proposal was turned down.

(ST)

23 Comments

  • DOOR
    DOOR

    South Sudan mulls joining the ICC after secession
    Good move. But why spreading out everything before we get hold of our damn sovereignity?.Don’t let Bashir hear it, he would freeze.

    Reply
  • omoni Atari
    omoni Atari

    South Sudan mulls joining the ICC after secession
    This move will hamper the relationship between states,North & south.Let us wait until we see how things work politically and economically and see if south will be stable in security situation.
    Lets not be feel excited and rush with something that is not going to benefit of the south sudan.

    Reply
  • zol aweer
    zol aweer

    South Sudan mulls joining the ICC after secession
    Welcome moves,it is through this ICC membership that South Sudan will be respected and recognize by the World that, they indeed fought for safeguarding human right in the South.Bashir should be afraid because he will not be apprehended by South Sudan if he compile with result of the referendum.
    Good job Deng Alor !!!!!

    Reply
  • Lorolokin
    Lorolokin

    South Sudan mulls joining the ICC after secession
    Alor I as a concerned citizen oppose your move because this is not the right time to do that.
    We have a lot of things to do the returness are dying no food no clean drinking water, so what the logic here when your people are still under poverty. Do the right thing that benefit the people than running to a cheef politic.
    Kinkak.

    Reply
  • Deng E. Manyuon
    Deng E. Manyuon

    South Sudan mulls joining the ICC after secession
    It is too pre-mature to explore and venture at this stage.
    No need to rush, though everyone is over excited.

    International and regional protocols, agreements, conventions and charters are to be carefully studied and agreed upon by the nation through assembly.

    Deng

    Reply
  • Garang Ngong
    Garang Ngong

    South Sudan mulls joining the ICC after secession
    Yes there are those elements of ware crimes committed by certain group in south but this is not right time. we have taken our dream very far.

    Reply
  • Rev John Khamis Kamunde
    Rev John Khamis Kamunde

    South Sudan mulls joining the ICC after secession
    The Southern Sudanese leaders are realy acting in hurry to eat un-cooked food.Why don’t you people sit down cooked anything politicaly and then started to air out your plan.

    We are still waiting for pliminary result which will be annouce at the end of the current month,followed by the annoucement by the high commutee in Khartoum,and finaly if there will be no any appeal, then final announcement will be air out which I think will be recognized by all:And above all,the South will be declayed as a new state in July.

    Ok from there then will be expecting our leaders not commit any mistake by jumping into joining the ICC,East-Africa etc,etc……..
    You should know that any new born baby according to us here in Africa have to stay in the room for four or five days,before coming out.
    So you should avoid any pre-mature politics of being in hurry.

    Jesus told his disciple to wait first in Jerusalem for fifty day to recieve the power of the Holy-spirit before starting the ministry of the good news of salvation.
    So South should first wait,and consult God’ wisdom and guidance thanks.

    Rev Kamunde.

    Reply
  • Tambura
    Tambura

    South Sudan mulls joining the ICC after secession
    Guys, you should not make interview with any arabs news papers in this time. Because their aim is to create misunderstanding between us and northern so we can go back to war again. That question we call it fitina, they knew that Omar is wanted criminal in ICC and they knew that south Sudan is going to be an independent country soon as we are talking this days about good relation between us and north. They have to come up with anything will confuse criminal Omar. If that question asked to anybody in country was in war for last 50 years fighting for their right the answer will be the same. Lat Israel promise palestinian a country, can they ask Abbas Palestinia’s president that Question? I am sure they will not. Arab jarab good one is a dead one.

    The next president of South Sudan
    Tambura

    Reply
  • Peter Elia Kuzee
    Peter Elia Kuzee

    South Sudan mulls joining the ICC after secession

    Good news for the new nation,it will be not only Omar Bashir alone,We have criminals dinkas in this goverment,who are committing terrible crimes and nothing can be done to them.

    Any governor who will commit crimes agenist this new nation should be punish,what ever your tribe is? Found with voting cards in at home [office] or killing your people for leadership will not be allowed.
    NUER, and DINKAS are found with this acts.

    Reply
  • Tobiin
    Tobiin

    South Sudan mulls joining the ICC after secession
    Nuer Machut and other fellows, why are you always don’t like the truth? look at every top position or civil organ in the south is control by the so called dinka, i will not say all dinkas but a certain family of dinka and this contradik the whole dinka because some dinkas are with the rest of us online. remember, what you just quote “during the war many dikas were fighting” is an indication of what we are seeing now.
    do you and your family think dinkas were the only people who fought this war? believe me or not this dinkas will bring abig mess to themselves soon and we will see how you will go to kakuma or uganda.

    Reply
  • Wally
    Wally

    Joining the ICC is an error
    Joining the International Colonial Court (ICC) is an error for any African countries. Just another way to subvert the national laws to the dictate of the international imperialists. Bush, Blair and Iraq warmongers will never hand out one of their own citizen much less presidents to this court. The US country is not even a signatory of it. Instead South Sudan should concentrate to set up the foundation for a solid South Sudanese justice system. That’s what is important.

    Reply
  • Juma Mabor Marial.
    Juma Mabor Marial.

    South Sudan mulls joining the ICC after secession
    I am highly tempted to response to the article entitle ” South Sudan mulls joining the ICC after Secession” dated 27th January 2011 because of the various implications that I foresee and the backlash that it will have on the people of South Sudan. unlike most of my colleagues who emotionally response to this article based on their tribal analysis, I wish to take a divergent point of view and put my analysis on a wider spectacles in order to preserve the diverse interest of the South Sudanese populac.with the excitement of prospective independence clouding and overriding everyone’s nalylitical capacity, I wish to remind our people that, a lot is at stake and for us to overcome most of these challenges, we need first of all to identify some of the daunting tasks that South is about to face after July 9th 2011. A critical, yet an impartial approach ought to be adopted for the effective purpose of building and establishing a viable independent South Sudan State. that notwithstanding, I wish to indicate that, apart from the pending post referendum issues that the South have in contention with the North of the country, there are also a lot in store in south Sudan that need to be look at and not with the kind of direction our people are taking. The post referendum issues between the north and the south are taken care of by the CPA and they are better placed. However, I am a worried citizen because our people are rushing too many things even before the final announcement of the results of the just concluded plebiscite; some of the issues that have continuously disturbed me over the past week include inter alia;
    1. The premature announcement of Dr. Salva Kiir Mayardit of his interest to vie for south Sudan presidency.
    2. The on-going and unending debate over the naming of the new African state (republic of south Sudan and the likes) if that would be the convenient name.
    3. The joining of the existing regional and international organizations eg, the east African integration.
    4. The premature advocacy for democratic space prior to the announcement of the result of the plebiscite and the declaration of independence at the end of the interim period.
    5. The raw over the formation of the constitutional review commission.
    6. The joining of the international criminal court (ICC) which is the basis of this commentary.
    6. The tendency of Goss ministers and the civil servants placing their mouths wide open to any international or domestic media without relevant authority to do so.
    7. The ethnic and tribal campaign that has taken centre stage from those who want to destabilize south Sudan at her infancy. And the list is endless.

    In pursuit of clarity and better understanding of my argument, I wish to briefly and succinctly expound on each of the above items as follows;
    1. The premature announcement of Dr. Salva Kiir Mayardit of his interest to vie for south Sudan presidency.
    this is a topic I had opted not to comment about but for the sake of public interest as is always the case, I wish to indicate that Kiir was misadvised because this is not what the people of south Sudan expect of him at this point in time, instead he should continue playing a statesman role by giving cautions and so many other advises like, no gun, salute, no lowering of the northern flag, now torching of the NCP regional branches, No, no all those other issues and not allowing himself to be swayed by the opposition rhetoric’s that prompted him to make such unsubstantiated political statement, this to me, is one of the political misstatement Kiir has ever made in his political life and he by all means need to rephrase such pronouncement. Kiir of all people has a shining legacy of having stirred the boat to the Promised Land and he should jealously guide against that legacy than allowing himself to be driven by the short ambitions of his cronies. I freely advice him to restate his position on this misfortune. This early announcement of his interest would give us the impression that, although south Sudan is a new state in Africa, its political leadership would not be any different from the other African leaderships that we see today and that in itself is tantamount to instability that we are experiencing today in African countries like cote de voire, Tunisia, Egypt etc, this is not the south Sudan we aspire for and Kiir should know better than that. it will also echoed the ethnic differences and fears of dominant that other tribes are expressing even before the declaration of independent of the south Sudan and that, I remain mum as one of the people who come from the same tribe with Kiir, so Mr. president, there is a lot of tempers raised by your small statement at the assembly and you need to amend it at all cost.
    2. The on-going and unending debate over the naming of the new African state (republic of south Sudan and the likes) if that would be the convenient name.
    just like any other anxious and eager south Sudanese citizen, I would also love to suggest, democratic republic of south Sudan, peoples republic of south Sudan, federal democratic of south Sudan, Nile republic of south Sudan ten states initials republic of Sudan, Kush republic etc, but mindful of the fact that we have a very able legislature, I was in my humble opinion of the view that we would entrust and channel all these helpful comments to our national assembly to quickly rush the enactment of the legislation through the relevant ministry or government institutions for example in this case the ministry of legal affairs and constitutional development to come up with the convenient name of the new nation to be inaugurated comes 9th July 2011. this in the ordinary terms is what is called-subsidiary legislation which most of my readers would realize is always necessary when the legislature which is charge with enacting laws of such nature has no time to do so and this is the situation we are in now, our nation is being born and the parliamentary processes of enacting such laws is always long and hectic, so we choose the necessity and that is by using the relevant ministry to pass-the by-laws or an order which will be revisited and possibly amended later on by the assembly and if need be subjected to a referendum for all the south Sudanese to choose their best name for their own country, so again, in my humbled opinion, I want us to stop bickering over the name and follow the laid down procedures for, this will at least reflect that we , as an independent south Sudan have begins to respect our established institutions, we also might have heard from the minister of information a couple of days ago that, the steering committee have arrived at a consensus of the name to raise the flag with and again I reiterate, that is subject to the approval of our assembly. in addition to all this pros and cons, I wish to remind the people of southern Sudan that, the name of our new nation should not be an inch away from our history and our history I guess is what everyone walk with, sleep with, eat with, shower with, and perhaps for the purpose of remaining impartial, I voted for and I hope everyone voted for, so I request everyone to keep the history of our country alive even if the issue of the name is to take us to another referendum. I know this topic is hot and for that reason, I want to put a full stop there and welcome the criticisms from any other citizen.
    3. The joining of the existing regional and international organizations eg, the East African Integration.
    This is another unnecessary debate we are actively engaging in, for one, I ask myself whether it is worth it or we are just overexcited and this overclouded our approach to such important issues. Regional/or international integrations are very tricky and need critical study before any country even contemplate on joning them. south Sudan despite the fact that her citizens overwhelmingly voted for cessation is not yet an independent state up until July 9th 2011 after which the recognition of other nations should be first and foremost be ascertain. that is a long story to tell but let’s look at the question of joning the East Africa integration that now comprise, Kenya, Uganda, Tanzania, Burundi, Rwanda. This integration is quite expected to include southern Sudan as an independent state and which has been a long passive member but again, with joining these bodies, the experts are needed to advise the government and the people of the prospective country on the benefits and shortcomings of such integration. Such experts are not in south Sudan today and even if few of them may be traced, it is impossible to get their honest opinion based on the current political dance-style that our government practices today. We should also be careful about how the so called-neighbors would love to exploit our resources and control our economy considering the lack of human resources that is much prevalent in our new nation. It is because of this reason that the above mentioned countries of the east African integration have been resisting the integration until last year when each of them felt that they were fit for the regional body. I therefore urge our government and the people of southern Sudan to go it slowly on joining other bodies because hurry, hurry has no blessings.
    4. The premature advocacy for democratic space prior to the announcement of the result of the plebiscite and the declaration of independence at the end of the interim period. Some prominent politicians and civil society activists have started calling for the democratization of the country, this is something that everyone is looking towards in the new state despite the facts that democracy is being use as a political slogan in Africa because the advocates of the so-called democracy turn into worse dictators at the end of the day. My point here is that, we are still on our way to independence such that after July 9th 2011, we shall be declaring a sovereign state and our transitional constitution will stipulate on which direction to take. Democracy is a process that calls for professionalism and any affront rush kills it completely. Let’s wait for that time because patience pains but pays ultimately. We have waited for 55 years for our own country and we can as well wait for 6 months to start the process of democracy.
    5. The raw over the formation of the constitutional review commission. I will not say a lot about this item because Dr. James Okuk managed to reflect his scholarly argument on the subject-matter, the way it is done is how it should be, we need to start from somewhere and if what are quoted in the website are the correct resolutions of the political parties meeting, then I don’t see any reason why we should waste our efforts trying to bring in unnecessary debate, GoSS is Salva Kiir and Salva Kiir is Goss, just like anyone of us would be called the Government. The appointment of the commission is in accordance with the resolutions and let’s sees what the commission will do; don’t look at the individual comprising the commission.
    5. The joining of the international criminal court (ICC) which is the basis of this commentary.
    our minister for regional cooperation (the soon to be foreign Affairs ministry) Mr. Deng Alor Kuol was asked whether south Sudan as an independent state would want to join the international criminal court (ICC) and his answer was, ” of course we will be part of it”, him and who was the first question that came into my mind when I got this statement. Why did I ask that question? it is because, Deng alor as a minister for regional cooperation is assumed to know diplomacy and such questions have their own implications of which it was at his discretion to tell the journalist that this would be answer later on.ICC is a nice institution and any human right activists would likely support it but, being an international body, Deng should know that we need to study its principles, objectives, and requirements before we could even think of joining it. We are not yet declare sovereign and that should have been his close answer. the big question that remain to be known to all the southern Sudanese is that, if our ministers would be answering the questions in such a manner, then we are likely to sign every treaty, agreement, accords, conventions and every protocol that is presented to our ministers at the foreign territories and by the way, southern Sudanese would not shy away from the obligations of any treaty sign by their government because it is assumed to be their representative. this is the simple process that is followed in signing and being bind by an international treaty as a nation, the minister like Deng Alor, would go to the United nations summit, presented with the ICC equipments, sign the Document, Bring it back to Juba to our legislative Assembly, marshal the support of all our members of parliament, they Ratify the treaty and there it is, you and I are bind by the Rome Statute, would you have contributed to this kind of obligations. We need really to caution Deng and his colleagues with their of courses. We don’t want to ratify a treaty where later on when the reality approaches, we start running around the world with the words (referral and deferral, and perhaps it wasn’t me by shaggy) like what is happening in the Kenyan and Bashir case today. Deng should know better than that or perhaps, we would support him and I will personally request the international criminal court to update its list of crimes by adding the economic crime of corruption alongside war crimes, crimes against humanity, genocide and crimes of aggression. This would assist it indict most of our ministers and their families who have specialized in looting the public monies and keep in the foreign accounts, may be deng will change his answer to “of course not”.
    6. The tendency of Goss ministers and the civil servants placing their mouths wide open to any international or domestic media without relevant authority to do so.
    This is something that has been disturbing me and I want to share it with some of my colleagues on this website, our ministers have been talking too much over the past three months with each of them giving very contradictory statements from referendum issues to government affairs. I would love to caution and advise the government of southern Sudan to warn her ministers on talking nonsense when it’s come to issues that concern the welfare of the country. Let’s the government spokesman represent the government position or the minister for information. We may not get the expected results of the referendum if everyone is talking. Exercise the principle of collective responsibility.
    7. The ethnic and tribal campaign that has taken centre stage from those who want to destabilize south Sudan at her infancy.
    It is one of the painful things to always read some of the articles listing the number of hated account of how one tribe is getting advantage over the others. For me, I feel that, we are reading too much into a blank space and if I were to advise some of my colleagues who are deeply involved in tribal advocacy, I would say that, everything will be alright in southern Sudan because everyone has an opportunity to be heard. We also love ourselves and that love will bring unity. let’s us not rewards the sabotages from the enemies of the south who always tell the world that we cannot coexist together, we have been coexisting, we can coexist together and we are coexisting together.
    Finally, I wish to say that, let’s calmly wait for July 9th and everything will be fine.

    Juma Mabor Marial is a final year law student at the catholic university of eastern Africa- Nairobi-Kenya.

    Reply
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