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I.C.C is a Successor of the Inauthentic Sudanese Judiciary System by By Elhadi Adam Elomda

4/1/2005 11:06 pm

By Elhadi Adam Elomda

E-mail: [email protected]

Date: April 1, 2005

I.C.C is a Successor of the Inauthentic Sudanese Judiciary System

The International Criminal Court (I.C.C) is a court that has been established to litigate the war criminals. This court is a successor of the judiciary system in countries that lack justice. After much investigation and deliberation by the United Nation’s (UN) Security Council members, they found that the Sudanese Judiciary System falls under this category. As a result, the U.N. Security Council members have agreed to refer Darfur war crimes perpetrators to the I.C.C at Hague. The UN decision is a strong message telling the Sudanese people that their country’s judiciary system has reached a corrupt and degenerate level.

The corruption in the Sudanese judiciary system began in the 1950s. British and Egyptian colonist generated the sudanese judiciary corruption when they gave away the Sudanese ruling system to the particular people of Sudan. The colonizer rewarded the riverine Arab tribes from Al-Jaaleen and Al-Shaygia by giving them the power of the Sudan because of their cooperation with colonizers in invading Sudan. When Al-Jaaleen and Al-Shaygia succeeded to control the government of Sudan, they planned to monopolize the country’s power. As a result, they exploited the governmental influences to alter judiciary independence and performance to protect their ruling system. For example, they gave the president of the government absolute power to appoint and dismiss all judges. Additionally, the judges have to be selected from a ruling family. In other words, many Sudanese people are not entitled to serve as judges in the Sudanese judiciary. Accordingly, the Sudanese judiciary system lost its prestige.

The Sudanese ruling judiciary system participates in abuses of the people and permits war crimes. It allows the arrest and the torture of innocent people and liquidates the government’s opponents. Many Sudanese people -- from politicians, lawyers, teachers, students, and farmers -- have been detained without charges and executed without presenting any legal defense. The Sudanese ruling judiciary also legitimizes a deep policy of discrimination, abuse, enslavement, and hatred for racial reasons. For example, many innocent people from Darfur were dismissed and killed for racial reasons.

Ironically, the judiciary president considers himself a Muslim and his education was based on Islamic values. Indeed, the Sudanese judiciary uses Islam as an umbrella to mask its wrong doing. The Sudanese judges and rulers forget they will die soon and they will be subject to accountability without impunity. They forget that their scandals would be exposed to the world before they die and the world will not tolerate these injustices. Because of Sudanese judges’ ignorance, the Sudanese judiciary institution has collapsed before the UN Security Council and the Sudanese people. Who is willing to accept a trial in the Sudanese judiciary which lacks credibility?

In conclusion, for the Sudanese people to exit from this judiciary dilemma they must reform the government ruling system by establishing a new government. This prospective government must appoint the judges based on their qualifications, honesty, and patriotism. Finally, it must support judiciary independence in the performance of its duties. If the Sudanese do not take the judiciary reformation into consideration, the Sudanese sovereignty could be under mandatory situation forever.

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