Prosecuting International Crimes in Africa - PULP - University of ...

Positive complementarity and the fights against impunity in Africa 263
perpetrators of such crimes have been identified. 95 On 31 March 2005 the
Security Council of the United Nations referred the Darfur situation to the
ICC. 96
On 7 June 2007, the Sudanese government announced the
establishment of the Special Criminal Court for Events in Darfur (SCCED)
in response to the announcement by the OTP about the opening of
investigations in Darfur. 97 The jurisdiction of SCCED included acts
constituting crimes under the Sudanese Penal Code and charges relating to
violations cited in the report of the Commission of Inquiry and, any
charges pursuant to any other law, as determined by the Chief Justice of
Sudan. 98 Furthermore, in November 2005, Sudan established two
additional chambers for the SCCED and created special investigative
committees to oversee the activities of SCCED. These include the Judicial
Investigations Committee, the Special Prosecutions Commissions, the
Committees Against Rape, the Unit for Combating Violence Against
Women and Children and the Committee on Compensation. 99 These were
aimed at addressing the crimes in Darfur. 100 The decree which established
the SCCED was amended in November 2005 to include ‘international
humanitarian law’ in the jurisdiction of the SCCED while two additional
seats were established for Nyala and El Geneina. 101 The cases brought
before the SCCED did not reflect the international crimes committed in
Darfur and the SCCED has been seen as a ploy by Sudan to circumvent
the ICC jurisdiction. 102
95
Paras 570 and 649 UN Darfur Report. It is, however, interesting to note that though the
case is currently before the ICC, nothing substantial has been done to alleviate the
suffering of the victims and survivors who bear the brunt of the ongoing atrocities in
Darfur. Millions have been displaced and currently live in squalor camps in Darfur and
Chad with little or no meaningful humanitarian assistance from the Sudanese
96
government and the international community.
UNSC Res 1593 (2005) adopted on 31 March 2005 with 11 votes in favour and 4
97
abstentions from Algeria, Brazil, China, United States.
See Letter dated 18 June 2005 from the Charge d’affaires a.i of the Permanent Mission
of the Sudan to the UN addressed to the President of the Security Council S/2005/403,
22 June 2005; http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N05/395/89/
98
PDF/N0539589.pdf?OpenElement (accessed 11 September 2010). See also UN Office
for the Coordination of Humanitarian Affairs - Integrated Regional Information
Networks (IRIN) ‘Sudan: Judiciary challenges ICC over Darfur cases’ 24 June 2005,
http://www.reliefweb.int/rw/RWB.NSF/db900SID/KKEE-
6DNSU2?OpenDocument (11 September 2010).
Art 5 Decree Establishing the Special Criminal Court on the Events in Darfur, 7 June
99
2005; reprinted in UN Doc S/2005/403.
ICC ‘Third Report of the Prosecutor of the International Criminal Court to the U.N.
Security Council Pursuant to UNSCR 1593 (2005)’ 14 June 2006, http://www.icccpi.int/library/cases/OTP_ReportUNSC_3-Darfur_English.pdf
(accessed 21
100
September 2010).
S Baldo ‘Sudan: Impact of the Rome Statute and the International Criminal Court’
101
June 2010 ICTJ Briefing on the Review Conference, 3 (ICTJ Sudan Briefing Note).
O Elagab ‘The Darfur Situation and the ICC: An appraisal’ (2008) 1 Journal of Politics
102
and Law 43, 51.
HRW ‘Lack of conviction: The Special Criminal Court on the Events in Darfur’ June
2006.