On July 14, the ICC prosecutor accused Sudanese President Omar al-Bashir of ordering his forces to annihilate three non-Arab groups in Darfur, masterminding murder, torture, pillage and the use of rape to commit genocide.Sudan has been trying to get the Security Council to block the proceedings on the grounds that its own courts can handle the matter. But HRW says that the Sudanese judiciary is not equipped to hold war crimes trials. For one thing,
A panel of judges is deciding whether to issue an arrest warrant against al-Bashir.
Sudanese criminal law does not include crimes against humanity or genocide.What's more, Sudan only appointed its special prosecutor after the ICC charge against Bashir came down and the only result has been to say that a government-backed militia leader named Ali Kosheib could face a new trial. His first one was suspended indefinitely in March 2007; the government won't say what the charges might be. And there is no indication the prosecutor is going to go after Bashir.
"Even if the government were serious about prosecuting Kosheib, limitations in Sudanese law mean that he could not be tried for the full range of crimes ... that have been committed in Darfur," said [Georgette] Gagnon[, Africa director at HRW].
HRW's statement is here.
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