UNIVERSAL JURISDICTION: IS IT JUST A MERE CONCEPT TO SUDAN?

International law recognizes that certain crimes are so serious that the duty to prosecute them transcends all borders, giving rise to “Universal Jurisdiction” over grave crimes in violation of international law. It provides an avenue for victims of war crimes to seek justice, even if they have fled to another country as refugees.

If Sudanese victims of war crimes find themselves in countries like Kenya, Egypt, Ethiopia, Chad, South Sudan, or Uganda, they can potentially report cases to the authorities of those countries. These nations have varying degrees of engagement with universal jurisdiction, and their legal systems may differ in terms of their willingness and capacity to pursue such cases. It is essential for victims to consult local legal experts or organizations specializing in human rights to understand the options and support available in each specific country.

Through international Human Rights Conventions, Treaties, and Agreements, efforts have been made to strengthen universal jurisdiction and ensure accountability for war crimes. However, the practical implementation of this principle varies across jurisdictions, and there are challenges in terms of political will, capacity, and cooperation among nations. Sudan, plagued by civil unrest and internal conflicts, it’s political future remains uncertain, and the country continues to face a complex humanitarian crisis with around 9 million Sudanese households receiving assistance and a displaced population estimated at 3.03 million (UNHCR, 2022). The jurisdiction to try cases primarily rests with the Sudanese authorities or international tribunals such as the International Criminal Court (ICC) or ad hoc tribunals established by the United Nations Security Council.

In a recent statement of the ICC Prosecutor, Karim A.A. Khan KC, to the United Nations Security Council on the situation in Darfur, pursuant to Resolution1593 (2005) he expressed his deep concern for the people of Darfur, sending a clear message to every belligerent, every commander, every foot soldier who has a gun or believes that they have power to do what they want. “That targeting civilians, individuals, targeting their homes, targeting their businesses, intentionally, particularly targeting children and women, are crimes prohibited by the Rome Statute. Attacks against schools, against humanitarian supplies, against humanitarian facilities must cease because the harm that these types of activities are causing are so profound, they go beyond words”.[1]

To read full report Click Here