18TH SESSION OF THE ASSEMBLY OF STATES PARTIES TO THE ROME STATUTE
Day 4 (5 December 2019)
Name of the Event: What are the Prospects of Bringing Omar Bashir to Justice (Side Event co-hosted by Human Rights Watch, Journalists for Justice, Kenya Human Rights Commission and the Kenyan Section of the International Commission of Jurists (ICJ Kenya))
Overview by: Sindija Beta, Junior Research Associate PILPG-NL
Main Highlights:
Sudanese people want Omar Bashir to be handed over to the ICC for prosecution.
The international community must pressure the current Sudanese transitional government to hand over Mr. Bashir to the ICC.
Summary of the Event:
This side event on the prospects of bringing Omar Bashir to justice was opened by the moderator George Kegoro. He outlined the importance of having the discussion about brining Omar Bashir to justice now, because he is no longer the president of Sudan, there is a new political authority in Sudan, and Mr. Bashir himself is still in Sudan.
The first speaker from the panel was the President of End Impunity Organization – Barcai Abdel-Karim who talked about the political environment in Sudan. He outlined that even after the new transitional government was put in place, the political situation is fragile. There is still continuous violence present in Sudan and the government does not show signs of moving in a democratic direction. Mr. Barcai Abdel-Karim expressed his concerns about the unwillingness of the government to hand over Omar Bashir even though there is no prospect of successfully prosecuting him in Sudan. He also pointed out some of the arguments that are being spread in Sudan as to why Bashir should not be handed over to ICC. He ended his speech noting that Sudan is moving towards a worrying future – with a collapsing economy and two separate armed forces being present in the state.
The Executive Director of African Centre For Justice and Peace Studies, Osman Ali Jami, introduced his work of visiting refugees and internally displaced people (IDP) camps of Sudanese people. His pointed out that when the refugees are asked what they need the most, their answer is not basic survival supplies, but rather justice. Mr. Jami noted that Sudan is unable to prosecute Bashir nationally, therefore they need the help of the international community and the Sudanese people are willing to hand over Omar Bashir to the ICC.
Amir Suleman, Legal Program Director of African Centre For Justice and Peace Studies, focused his presentation on sexual violence committed against women and the traumatization people have experience since 2003. He gave an insights in what happened during the genocide in Darfur and what the people had to go through to escape the atrocities of Bashir’s government. Mr. Suleman also outlined the struggles the refugees are still experiencing – lack of water, access to education or any services. Despite these struggles and failed attempts of returning to Sudan, Mr. Suleman reiterated that the people’s only wish is that Bashir and his accomplices are tried before the ICC.
Niemat Ahmadi, President of Darfur Women Action Group, also flagged the difficulties women from Darfur are forced to go through. She pointed out that 80 to 85 percent of refugees from Sudan are women and children and that even now they constantly face sexual abuse. Ms. Ahmadi noted that despite being ill and heavily traumatized the women of Darfur continue to do all they can to take care of their children and keep their families together. Nevertheless, she said that there is hope for people in Sudan and that people want the ICC to prosecute Mr. Bashir. Niemat Ahmadi flagged the reasons for why Bashir should not be tried in Sudan, namely, that there is no judicial impartiality in Sudan and no willingness on behalf of the transitional government to actually prosecute Omar Bashir. She also proposed that once Bashir is prosecuted the proceedings might be continued in Sudan with the help of the ICC.
Andrew Songa, delegate to the African Union, International Federation for Human Rights, presented his suggestion for how the African Union might assist Sudan in the prosecution of Omar Bashir and others responsible for crimes committed in Sudan. He noted that the African Union has introduced a new transitional justice policy, which offers three steps which might be taken in situations such as in Sudan. Firstly, that national institution should try to carry out criminal accountability. If that is not possible, then, secondly, regional hybrid mechanisms can be employed. And only thirdly can other regional or international mechanisms, such as the ICC, be approached for prosecution of international crimes. He nonetheless flagged some of the issues which might arise upon each step. Mr. Songa concluded by saying that the best option for Sudanese case would be to seek the help of the ICC.
Lastly, the moderator gave the opportunity to express their opinions and experiences to the audience. There was a wide eagerness from genocide survivors present at the session to share their experience and once more flag the importance of the ICC for the prosecution of Omar Bashir. The speakers as well as the public agreed that there is a need from the international community to pressure the current Sudanese transitional government to extradite Omar Bashir to the ICC in order to finally bring justice to all the people who have suffered during the presidency of Mr. Bashir.