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

268 Chapter 12
established the AU High Level Implementation Panel (AUHIP) 128 to
assist in the implementation of all aspects of the AUPD
recommendations. 129 The OTP has stated that it is ready to assist the
AUHIP in its activities. 130 It appears AUHIP activities may have been
hampered by the rejection of the Darfur hybrid tribunal by Sudan. 131 On a
positive note, Sudan informed AUHIP of its commitment to its
programme of action as it seems the setting up of the Darfur hybrid
tribunal is not a priority in the current dispensation. 132
The AU Darfur Report argues that the conflict in Darfur is a result of
the culmination of repressive policies carried out by both previous and
current governments of Sudan and defines the conflict as ‘Sudan’s crisis in
Darfur’. 133 The conflict is a result of years of neglect and gross human
rights abuses by Sudan coupled with the competition for power, land and
scarce resources in the region. The Report further stated that current
actions are not adequate and fall below the minimum thresholds of
individual criminal responsibility and recommended the setting up of a
Hybrid Court for Darfur. 134 The AUPD argues that Sudan has the
opportunity to show its willingness to end impunity in Darfur and rightly
states: 135
[S]hould Sudan make genuine efforts to address the crimes in Darfur, the
judges of the ICC would be required to evaluate those steps to consider
whether they meet the requirements of Article 17. The final determination of
this issue, however, is for the judges of the ICC alone.
Despite the setting up of the AUHIP and the co-operation offered by the
OTP, it appears the war of attrition between the ICC and the AU may not
128
129
Members of AUHIP are Thabo Mbeki, Pierre Buyoya and Abdulsalami Abubakar.
AU ‘Report of the Chairperson of the Commission on the Activities of the African
Union High–Level Implementation Panel on Sudan’ PSC/PR/2(CCXXXV) Peace and
Security Council 235th Meeting, Addis Ababa, 2 July 2010 http://www.ausitroompsd.org/Documents/PSC2010/235th/Report/ReportAUHIP.pdf
(accessed 13
130
September 2010).
Para 21 Statement of the Prosecutor of the International Criminal Court to the UNSC
131
on the situation in Darfur, Sudan, pursuant to UNSC 1593 (2005).
‘Sudan reiterates rejection of Darfur hybrid courts’ Sudan Tribune 1 November 2009,
132
http://www.sudantribune.com/spip.php?article32973 (accessed 4 September 2010).
AUHIP’s Programme of Action revolves around the following nine areas: (i) helping to
accelerate the process towards the resolution of the conflict in Darfur; (ii) helping to
ensure the implementation of the CPA; (iii) assisting the parties to address
post=referendum issues; (iv) working with the government of Sudan and with the
government of Southern Sudan, Sudanese political parties and other stakeholders, to
develop a national consensus about the challenges facing the country, including making
unity attractive; (v) working with Southern Sudan political parties to develop a
consensus about the challenges facing Southern Sudan; (vi) working with the GoSS and
others to address the issue of inter-communal conflict in Southern Sudan; (vii) helping
to ensure the April 2010 general elections are free and fair; (viii) helping to ensure that
Sudan’s neighbours support Sudan’s conflict-resolution process; (ix) and helping to co-
133
134
135
ordinate international action on Sudan.
Para 2 AU Darfur Report.
Para 246 AU Darfur Report.
Para 255 AU Darfur Report.