Sudan has officially handed long-standing dictator Omar al-Bashir and three others over to the International Criminal Court (ICC) amidst the demand for a just and peaceful future for Sudan. However, it is still not clear as to whether Bashir will be sent to the ICC in The Hague or whether the ICC will be overseeing the judicial process in Sudan itself.

Bashir’s 30-year dictatorship has led to extensive allegations of violations of international human rights law. The ICC will be investigating his initiation of an illegal military coup in 1989, undermining the State’s constitution as well, as mass atrocities committed in Sudan’s Darfur region between 2003 to 2008.

ICC DEVELOPMENTS

The ICC have previously faced legal challenges in prosecuting heads of state. In the past, the African Union have suggested that the ICC should shift its focus from heads of states to mid-level officials instead. The ICC has been perceived has unfairly targeting countries in Africa. Bashir further refused to deal with the ICC, labelling it a ‘political court’ and highlighting Sudan’s capacity to deal with the case. 

Since his ousting in April 2019, Bashir has been imprisoned in Sudan’s capital Khartoum on multiple charges including three counts of genocide, five of crimes against humanity and two of war crimes. Sudan’s military officials initially opposed his transfer on the basis that some of the officers would be charged with the same crimes. 

Sudan’s government deciding to hand over Bashir is a monumental step towards holding Bashir accountable for his violations of international human rights law. This is the first time the United Nations Security Council referred a case to the ICC, which was initially brought in 2005 however has resurfaced due to Bashir’s ongoing atrocities. 

TOWARDS A BETTER FUTURE

The transitional government in power have acknowledged their commitment towards creating a peaceful, just and equal society in Sudan. Mohammed Hassan al-Taishi, spokesperson for the Sudanese government says, ‘justice cannot be achieved if we don’t heal the wounds’. The government has also indicated its willingness to improve the situation for religious minorities, move towards an open and democratic government and improve bilateral and multilateral relations with the international community.

Amara is in her final year of a Bachelors of Laws and Communication majoring in Social and Political Sciences at the University of Technology, Sydney. She is incredibly passionate about human rights and social justice and intends to pursue a career in international human rights law in the near future.

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