Khartoum, July 20 (SUNA) The expert in international law, Dr. Zouhal Mohamed al- Amin, noted that the Sudanese Criminal Code has been amended in 2009 to include the punishment of perpetrators of crimes against humanity provided in the Rome Statute, namely the crimes of genocide, crimes of aggression and war crimes.
She indicated that the Sudan has judicial institutions and legal texts, to try the ousted president Omar al-Bashir in the Sudan if there is political will and willingness to do so.
In a press poll with a number of legal, strategic and political experts conducted by (SUNA) on the statement of Maj. Gen. Abdul Fattah al-Burhan, the Chairman of the Transitional Military Council when interviewed by the BBC during which he stated that they will not hand over ousted President Omar al-Bashir to the International Criminal Court, and he trust capability of the Sudanese judiciary and its institutions, Dr. Zouhal said that the principle of international justice is based primarily on the principle of complementarity, which means that it is complementary to the justice and the national judiciary, in the sense that the jurisdiction in the prosecution of crimes against humanity is based primarily on the national judiciary, and if the national courts carried its duty the mandate of the international justice will no longer exists.
She explained that the international justice intervenes in two cases the first if the state is unable or collapsed, and the second if the state does not have the desire to prosecute the offenders who commit crimes against humanity by covering up their crimes or that the national laws do not include provisions for these cases.
Meanwhile, the strategic expert Dr. Hussein Karshum pointed out that the change that took place in Sudan and was supported by the regional and international community makes the Sudanese judiciary away from political influence, expressing confidence in the impartiality of the judiciary after the removal of the former regime and its symbols from the Sudanese political scene, and that the Transitional Military Council will be eligible to try the deposed President in the Sudan and to provide a fair trial in the Sudanese national legal institutions.
He added that the amendments to the Penal Code by punishing the perpetrators of crimes against humanity under the Rome Statute make the Sudanese judiciary competent and capable of trying all those who have committed crimes in Darfur, when there is a political will for these trials.
On his part, the Secretary General of al- Watan (Homeland) party, Abdul Aziz al- Nur has rejected the extradition of deposed President Omar al-Bashir to the International Criminal Court, stressing that the Sudanese people trust its judiciary, its institutions and its legal system, adding that the Sudanese revolution is capable of trying the deposed president and all the symbols of his corrupt regime inside the Sudan.
He added that the all the external interferences in the Sudanese affairs did not benefit the country, referring to the Naivasha agreement, which led to the secession of the south, and the situations in Abyei, which have not yet settled, calling for sparing the Sudan the external interference.