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Sudan Prosecutor Suggests Bashir May Not Face ICC Justice

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Nyakundi Report

Newsroom 2 min read

This archive report was first published on 16 June 2020.

On June 15, 2020, Sudanese prosecutor Tagelsir al-Hebr made a statement that has sparked debate about the fate of ousted president Omar Al-Bashir, who has been wanted by the International Criminal Court (ICC) for war crimes.

Al-Bashir, who was overthrown by the Sudanese army in April 2019, has been accused of genocide, war crimes, and crimes against humanity in the Darfur conflict. However, al-Hebr suggested that individuals wanted by the ICC do not necessarily need to be physically present at the court's headquarters in The Hague for a judgment.

Al-Hebr cited 'legal obstacles' related to Sudan's sovereignty as a reason for not extraditing people to the ICC. He did not elaborate on the specific issues but stated that Sudan would coordinate any future action with the ICC.

His comments came as Sudanese militia leader Ali Kushayb appeared before the ICC via video-link from a detention centre in The Hague. Kushayb, who had been on the run for 13 years, denied the accusations of war crimes and crimes against humanity against him over the Darfur conflict.

The Darfur conflict began in 2003 when ethnic minority rebels took up arms against the Arab-dominated government of Al-Bashir. The long-time dictator was ousted in April 2019 after months of street demonstrations against his rule.

Al-Bashir remains in Khartoum's Kober prison, pending rulings in other cases. In December 2019, he was sentenced to two years' detention in a correctional facility in an initial corruption case.

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