Ministry of justice
III. Alleged crimes committed in Darfur, Sudan under the jurisdiction of The International Criminal Court
tải về 1.09 Mb.
|
| III. Alleged crimes committed in Darfur, Sudan under the jurisdiction of The International Criminal Court.
There are three crimes were allegedly committed by Sudan’s government, they are: Genocide & Crimes against humanity The definition of genocide is provided in Article II, Convention on the Prevention and Punishment of the Crime of Genocide.12 As well as Article 7, Rome Statute of the International Criminal Court addressing Crime against Humanity. For context, hitherto, 400,000 people have been massacred, and more than 3 million individuals have suffered bodily and emotional anguish as a result of the conflict, and the majority of them are innocent and ethnic Darfuri people. Because of the erratic state of the police and the cruel reign of the Sudanese government, these figures continue to rise daily. The government would attack from the air, and then, the Janjaweed forces would enact a scorched earth campaign, burning villages and poisoning wells. Nearly 400,000 people have been killed, women have been systematically raped and millions of people have been displaced as a result of these actions.13 According to the definition of “genocide” given, the aforementioned deeds demonstrate President Al Bashir’s government's ill intent to commit mass murder and atrocities against a group of people to destroy and eradicate them. Furthermore, activities like poisoning water sources, denying international aid, isolating them from the food source, raping women and girls, even pregnant women, and above all is to unleashing, even directly carrying out the killings. The Sudanese government and President Omar al-Bashir have seriously violated the basic human rights of a group of people, so not only they will be charged with genocide but also with “Crimes against humanity” according to article 7 of The Rome Statute. War crimes Mentioned in Article 8, Rome Statute of the International Criminal Court14. In contrast to the crimes of genocide and crimes against humanity, war crimes must always take place in the context of an armed conflict, either international or non-international. From our point of view, to prosecute those crimes successfully under the statute, the prosecution must establish about each of them, that at the time when these acts were committed there existed a state of armed conflict in the relevant area and that the acts of the accused were sufficiently connected to that conflict and that the offense allegedly committed constituted a serious infringement of a rule of international humanitarian law that entailed his or her criminal responsibility under international law at that time. In Sudan’s situation, prohibited conducts under the law of armed conflict (LOAC) - also known as international humanitarian law which includes murder, mutilation, cruel treatment, and torture,... against innocent civilians were recorded15. In the Sudan case, Ahmad Muhammad Haroun is accused of recruiting, funding, and arming the Janjaweed militia. The Janjaweed attacked civilians and pillaged towns and villages during counterinsurgency attacks with armed weapons against the non-Arab people living in the south of Sudan. Throughout the 1990s, the Janjaweed were Arab partisans, tolerated by the Sudan Government, who pursued local agendas of controlling land. The situation has met the conditions for a non-international war crime. tải về 1.09 Mb. Chia sẻ với bạn bè của bạn:
|