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101-545: Sources: The primary protocol outlined in the Juba Peace Agreement directly relates to the practice of federalism in Sudan and South Sudan. The general principles of the agreement range from establishing Sudan is a sovereign state for its people to denouncing violence as a political practice. This section also places a heavy emphasis on the ethnic diversity of Sudan, and stating that power-sharing among these groups

202-655: A Feasible International Criminal Court in 1970 and created the Foundation for the Establishment of an International Criminal Court in 1971. In June 1989, the Prime Minister of Trinidad and Tobago , A. N. R. Robinson , revived the idea of a permanent international criminal court by proposing the creation of tribunal to address the illegal drug trade . In response, the General Assembly tasked

303-746: A civilian Prime Minister and have civilians run every Government ministry outside the Defense and Interior Ministries. The same day, military council spokesman Shams El Din Kabbashi Shinto announced that Auf had been removed as Defense Minister and Lt. General Abu Bakr Mustafa was named to succeed Gosh as chief of Sudan's National Intelligence and Security Service (NISS). On 15 April 2019, Shams al-Din Kabbashi announced that "The former ruling National Congress Party (NCP) will not participate in any transitional government". Despite being barred from

404-500: A civilian government. On 12 April, Col. General Omar Zein al-Abideen, a member of the Transitional Military Council, announced that the transfer of Sudanese government to civilian rule would take place in "as early as a month if a government is formed" and offered to start talks with protestors to start this transition. On 14 April 2019, it was announced that council had agreed to have the protestors nominate

505-743: A draft. Finally, the General Assembly convened a conference in Rome in June 1998, with the aim of finalizing the treaty to serve as the Court's statute. On 17 July 1998, the Rome Statute of the International Criminal Court was adopted by a vote of 120 to seven, with 21 countries abstaining. The seven countries that voted against the treaty were China , Iraq , Israel , Libya , Qatar , the U.S., and Yemen . Israel's opposition to

606-604: A judicial investigation of post-coup events, including the Khartoum massacre , until elections occur in mid-2022. On 17 July 2019, the deal planned for leadership of the sovereign council to be transferred from a military leader to a civilian leader 21 months after the transitional period began, for a total of 39 months, leading to elections in 2022 . On 3 August 2019, terms concerning a transitional government and new Constitution were finalized. On 4 August 2019, Opposition leader Ahmed Rabie and Gen Mohamed Hamdan Dagalo signed

707-695: A legal and democratic level. A big change made in these sections is that unless a violation of law requires the ICC , the National Judiciary's (newly-added in the latter part of this section) Special Court for Darfur, Truth and Reconciliation Committees, and Sudanese Courts have the power to exercise authority. Chapter 3 of the Juba Peace Protocols also has a section on memorialization of victims in Darfur to promote symbolic peace. Chapter 4 of

808-533: A more global level, Chapter 5 guarantees that IDPs and refugees were to receive urgent humanitarian aid and a comprehensive strategy on resettlement. Additionally, it paved the way for the creation of an IDP and Refugees Commission (IDPRC) and elaborates on the planning for it. This chapter of the protocols directly highlighted the issues that brought about the War in Darfur—mainly the environmental aspect. The war itself

909-405: A number of criticisms . Some governments have refused to recognize the court's assertion of jurisdiction, with other civil groups also accusing the court of bias, Eurocentrism and racism . Others have also questioned the effectiveness of the court as a means of upholding international law. The establishment of an international tribunal to judge political leaders accused of international crimes

1010-472: A path to equality between nomads and herders. In particular, Chapter 6 hones in on the prevention of future tribal friction by assuring resources are protected and invested in. Considering environmental detriment exacerbated the fight for resources, this plan was installed in the Juba Agreement to ensure a more equitable future for both resources and the groups using them. Most of this section lays out

1111-456: A political agreement." Henry Kissinger says the checks and balances are so weak that the prosecutor "has virtually unlimited discretion in practice". Lead prosecutor Luis Moreno Ocampo of Argentina , in office from 2003 to 2012, was succeeded in the role by Fatou Bensouda of Gambia , who served from 16 June 2012 to 16 June 2021 (she was elected to the nine-year term on 12 December 2011). On 12 February 2021, British barrister Karim Khan

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1212-536: A prison guard. Military council spokesman Shams Eldin Kabashi added that two of al-Bashir's brothers, Abdullah al-Bashir and Alabas al-Bashir, were arrested as well. On 20 April, officials located suitcases "loaded with cash" in al-Bashir's home and added that the secretary general of the Islamic movement Al-Zubair Ahmed Hassan and former parliament speaker Ahmed Ibrahim al-Taher were among those arrested as well. It

1313-527: A sit-in camp Khartoum. After being detained, al-Bashir was initially placed under house arrest under heavy guard; his personal bodyguard was dismissed. Lt. General Omar Zain al-Abideen, who at the time also served as head of the Transitional Military Council's political committee, said that the military government would not extradite al-Bashir to The Hague to face charges in the International Criminal Court (ICC), where al-Bashir

1414-619: A state party, (2) the Security Council or (3) a prosecutor. It is then up to the prosecutor acting proprio motu to initiate an investigation under the requirements of Article 15 of the Rome Statute . The procedure is slightly different when referred by a state party or the Security Council, in which cases the prosecutor does not need authorization of the Pre-Trial Chamber to initiate the investigation. Where there

1515-467: Is a reasonable basis to proceed, it is mandatory for the prosecutor to initiate an investigation. The factors listed in Article 53 considered for reasonable basis include whether the case would be admissible, and whether there are substantial reasons to believe that an investigation would not serve the interests of justice (the latter stipulates balancing against the gravity of the crime and the interests of

1616-415: Is necessary for democratic governance. As for the more specific protocols outlined, this section of the agreement claimed the entire document's supremacy over the 2019 charter, agreed to restore a regional-federal system of governance, established a provision of proportional representation for Darfur, and more. Also for Darfur, the agreement promised 28 different plans for the region's well being. Much like

1717-434: Is not wanted or implicated for war crimes by any international court. He was one of the generals who had reached out to protesters during their week-long encampment near the military headquarters, meeting with them face to face and listening to their views. Despite the imposed curfew, protesters remained on the streets. On 13 April, Burhan announced in his first televised address that the curfew which had been imposed by Auf

1818-406: Is presided over by a president and two vice-presidents , who are elected by the members to three-year terms. The Assembly meets in full session once a year, alternating between New York and The Hague , and may also hold special sessions where circumstances require. Sessions are open to observer states and non-governmental organizations. The Assembly elects the judges and prosecutors , decides

1919-412: Is seen as one of the leading culprits of the bloodshed. Upon being thrust into leadership, the transitional government led by Abdalla Hamdok and Abdel Fattah al-Burhan led the new state's efforts to find common ground with the rebel groups of Darfur The SLM is a primarily South-Sudanese was formed at 1989 as a direct result of Hassan al-Turabi's National Islamic Front gaining power of Sudan following

2020-516: Is the subject of an arrest warrant on counts of crimes against humanity and war crimes in connection with the Darfur genocide between 2003 and 2008. Al-Abideen said, however, that the military government would seek to prosecute al-Bashir in Sudan. More than 100 of al-Bashir's allies, including Prime Minister Mohamed Taher Ayala , National Congress Party leader and ICC fugitive for war crimes and crimes against humanity Ahmed Haroun , member of

2121-456: Is thus not a participant in the ICC nor under its jurisdiction, Putin can be charged for actions against Ukraine, which is not a party but has accepted jurisdiction of the court since 2014. Should Putin travel to a state party, he can be arrested by local authorities. Later in 2023, Russia's Ministry of Internal Affairs retaliated by placing several ICC officials on its wanted list. In March 2024,

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2222-456: Is unable to exercise his or her functions. One critic said there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and "insufficient protection against politicized prosecutions or other abuses". Luis Moreno-Ocampo , chief ICC prosecutor, stressed in 2011 the importance of politics in prosecutions: "You cannot say al-Bashir is in London, arrest him. You need

2323-519: Is wildly complex, and one of the many reasons for its inception was the differing styles of agriculture practiced among the more rural tribal groups of the region. The dispute between nomadic and sedentary farmers over land was used as an opportunity by the Sudanese government to manufacture conflict between the Arab nomads and African pastoralists. But in the aftermath of the violence, this section outlined

2424-567: The Presidential Commissioner for Children's Rights in Russia Maria Lvova-Belova for child abductions in the 2022 Russian invasion of Ukraine . Russia denounced the arrest warrants as "outrageous". Putin became the first head of state of a U.N. Security Council Permanent Member to be the subject of an ICC arrest warrant. Although Russia withdrew its signature from the Rome Statute in 2016, and

2525-509: The Rwandan genocide . The creation of these tribunals further highlighted to many the need for a permanent international criminal court. In 1994, the ILC presented its final draft statute for the International Criminal Court to the General Assembly and recommended that a conference be convened to negotiate a treaty that would serve as the Court's statute. To consider major substantive issues in

2626-732: The United Nations General Assembly first recognized the need for a permanent international court to deal with atrocities of the kind prosecuted after World War II. At the request of the General Assembly, the International Law Commission (ILC) drafted two statutes by the early 1950s but these were shelved during the Cold War , which made the establishment of an international criminal court politically unrealistic. Benjamin B. Ferencz , an investigator of Nazi war crimes after World War II and

2727-838: The United Nations headquarters in New York City , during which NGOs provided input and attended meetings under the umbrella organisation of the Coalition for the International Criminal Court (CICC). In January 1998, the Bureau and coordinators of the Preparatory Committee convened for an Inter-Sessional meeting in Zutphen in the Netherlands to technically consolidate and restructure the draft articles into

2828-606: The international crimes of genocide , crimes against humanity , war crimes , and the crime of aggression . The ICC is distinct from the International Court of Justice , an organ of the United Nations that hears disputes between states. Established in 2002 pursuant to the multilateral Rome Statute , the ICC is considered by its proponents to be a major step toward justice, and an innovation in international law and human rights . However, it has faced

2929-462: The sovereignty council , a total of five ministers in the transitional cabinet and a quarter of seats in the transitional legislature . Spearheaded by al-Hadi Idris Yahya, this faction of the SLM broke away from its parent group because of its unwillingness to negotiate with former president Omar al-Bashir. Once the transitional government was implemented after al-Bashir's removal, the group signed onto

3030-476: The 18 judges of the Court, organized into three chambers—the Pre-Trial Chamber, Trial Chamber and Appeals Chamber — which carry out the judicial functions of the Court. Judges are elected to the Court by the Assembly of States Parties. They serve nine-year terms and are not generally eligible for re-election. All judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of

3131-668: The Al Qassem Brigades Mohammed Deif , and Hamas political leader Ismail Haniyeh in connection to war crimes committed in the Israel-Hamas war . On November 21, warrants were formally issued for Netanyahu, Gallant and Deif. Warrants for Haniyeh and Sinwar were withdrawn following confirmation of their deaths in July and October respectively. The process to establish the court's jurisdiction may be "triggered" by any one of three possible sources: (1)

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3232-681: The Blue Nile, saw a falling out between the SPLM-N's two primary ideological groups. However, both the Agar and al-Hilu signed onto the Juba Agreement in 2020. This party is a byproduct of the various factions and splinter groups of the main groups involved in the war in Darfur. The SLFA includes three rebel groups: the SLM-Unity faction, the Liberation and Justice Movement (LJM) , and a portion of

3333-652: The Chief Prosecutor for the United States Army at the Einsatzgruppen trial , became a vocal advocate of the establishment of international rule of law and of an international criminal court. In his book Defining International Aggression: The Search for World Peace (1975), he advocated for the establishment of such a court. Another leading proponent was Robert Kurt Woetzel , a German-born professor of international law, who co-edited Toward

3434-617: The Court by the United Nations Security Council . The ICC held its first hearing in 2006, concerning war crimes charges against Thomas Lubanga Dyilo , a Congolese warlord accused of recruiting child soldiers; his subsequent conviction in 2012 was the first in the court's history. The Office of the Prosecutor has opened twelve official investigations and is conducting an additional nine preliminary examinations. Dozens of individuals have been indicted in

3535-512: The Court's budget, adopts important texts (such as the Rules of Procedure and Evidence), and provides management oversight to the other organs of the Court. Article 46 of the Rome Statute allows the Assembly to remove from office a judge or prosecutor who "is found to have committed serious misconduct or a serious breach of his or her duties" or "is unable to exercise the functions required by this Statute". The states parties cannot interfere with

3636-803: The ICC issued two more arrest warrants, for Sergey Kobylash , the commander of the Long-Range Aviation of the Russian Aerospace Forces , and Viktor Sokolov , the commander of the Black Sea Fleet over their role in war crimes in Ukraine. On 20 May 2024, the ICC's Chief Prosecutor Karim Khan announced his intention to seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu , Israeli Defense Minister Yoav Gallant , leader of Hamas Yahya Sinwar , leader of

3737-530: The ICC, including Ugandan rebel leader Joseph Kony , former President Omar al-Bashir of Sudan , President Uhuru Kenyatta of Kenya , Libyan head of state Muammar Gaddafi , President Laurent Gbagbo of Ivory Coast and former Vice President Jean-Pierre Bemba of the Democratic Republic of the Congo . On 17 March 2023, ICC judges issued arrest warrants for Russian leader Vladimir Putin and

3838-652: The ILC with once again drafting a statute for a permanent court. While work began on the draft, the UN Security Council established two ad hoc tribunals in the early 1990s: The International Criminal Tribunal for the former Yugoslavia , created in 1993 in response to large-scale atrocities committed by armed forces during the Yugoslav Wars , and the International Criminal Tribunal for Rwanda , created in 1994 following

3939-461: The JEM. Each of these different parties consists of multiple tribes and rebel groups within. On Saturday 3 October 2020, Juba , the capital of South Sudan , witnessed the signing of the final stage of peace agreement between the Sudanese government and a number of armed movements, to resolve decades of conflicts in Darfur, South Kordofan and Southern Blue Nile that led to the displacement of millions and

4040-579: The JPA. The organization's article mentioned the need for the agreement to be a practice and not just a document, which has proven to be an issue in the time since its signing. International Criminal Court The International Criminal Court ( ICC ) is an intergovernmental organization and international tribunal seated in The Hague , Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for

4141-431: The Juba Peace Agreement focuses on the justice financially and institutionally for those who were victims of the conflict in Darfur. This chapter says that said justice can be in the form of compensation, restitution, rehabilitation, commemoration, and/or satisfaction. It also establishes that the term "victims of the conflict in Darfur" relates to the following: Furthermore, this chapter of the peace agreement also explains

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4242-519: The National Congress Awad Al-Jaz, and former vice presidents Bakri Hassan Saleh and Ali Othman Taha were also arrested. Former defense minister and Khartoum state Governor Abdel Rahim Mohammed Hussein , also subject to an ICC arrest warrant for war crimes and crimes against humanity, was also arrested. More people who had served in al-Bashir's government were reported to have been arrested on 14 April 2019, as well. Among

4343-706: The Office of the Prosecutor). It comprises the President and the First and Second Vice-Presidents—three judges of the Court who are elected to the Presidency by their fellow judges for a maximum of two three-year terms. As of March 2024, the President is Tomoko Akane from Japan , who took office on 11 March 2024, succeeding Piotr Hofmański . Her first term will expire in 2027. The Judicial Divisions consist of

4444-606: The Prosecutor (OTP) is responsible for conducting investigations and prosecutions. It is headed by the Prosecutor of the International Criminal Court, who is assisted by one or more Deputy Prosecutors. The Rome Statute provides that the Office of the Prosecutor shall act independently; as such, no member of the Office may seek or act on instructions from any external source, such as states, international organisations , non-governmental organisations or individuals. The Prosecutor may open an investigation under three circumstances: Any person being investigated or prosecuted may request

4545-443: The Prosecutor which puts forth the considerations given to the topics the office focuses on, and often the criteria for case selection. While a policy paper does not give the Court jurisdiction over a new category of crimes, it promises what the Office of Prosecutor will consider when selecting cases in the upcoming term of service. OTP's policy papers are subject to revision. The five following Policy Papers have been published since

4646-441: The Rome Statute. Intended to serve as the "court of last resort", the ICC complements existing national judicial systems and may exercise its jurisdiction only when national courts are unwilling or unable to prosecute criminals. It lacks universal territorial jurisdiction and may only investigate and prosecute crimes committed within member states, crimes committed by nationals of member states, or crimes in situations referred to

4747-612: The SLM also received the same representation across the transitional government when they signed onto the Juba agreement. The SPLM-N was established by various factions of the SPLM/A that remained in Sudan following the South Sudan gaining independence in 2011 . The group then split into a pair of factions, named SPLM-N (Agar) and SPLM-N (al-Hilu), after being unable to see eye-to-eye on secularization in 2017. That, coupled with fighting in

4848-645: The South Darfur officials arrested were women. On 20 May 2019, suspects who confessed to killing five pro-democracy protestors were arrested. A deal was agreed verbally between the TMC and the civilian protesters represented by the Forces of Freedom and Change (FFC) on 5 July and a written form of the agreement was signed by the TMC and FFC on 17 July 2019. The TMC and FFC announced that they would share power to run Sudan via executive and legislative institutions and

4949-548: The Statute of the Court , including all the countries of South America, nearly all of Europe, most of Oceania and roughly half of Africa. Burundi and the Philippines were member states, but later withdrew effective 27 October 2017 and 17 March 2019, respectively. A further 29 countries have signed but not ratified the Rome Statute. The law of treaties obliges these states to refrain from "acts which would defeat

5050-496: The Statute. Forty-one additional states have neither signed nor acceded to the Rome Statute. Some of them, including China and India , are critical of the Court. The Court's management oversight and legislative body, the Assembly of States Parties, consists of one representative from each state party. Each state party has one vote and "every effort" has to be made to reach decisions by consensus . If consensus cannot be reached, decisions are made by vote. The Assembly

5151-464: The U.S. was a joint release alongside the United Kingdom and Norway, which focussed on applauding the progress made in the time after the signing but urging for less delays in implementing the entire accord. Coincidentally enough, Amnesty International, one of the global human rights leaders, hinted at these issues possibly arising when it released its statement prior to the official signing of

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5252-674: The United Nations, who had a key role in overseeing the agreement. In a statement released on October 9, 2020, the UN Security Council congratulated Sudan on the concord, while also praising the various parties involved (specifically South Sudan). Furthermore, the Security Council also introduced the United Nations Integrated Transition Assistance Mission in Sudan (UNITAMS) and the African Union-United Nations Mission in Darfur (UNAMID). However, UNITAMS

5353-610: The armed groups that signed the Juba Agreement, the Sudan Liberation Army Movement, The Arko Minawi wing, the Justice and Equality Movement, and the popular movement, Malik Aqar's wing, along with other factions. In the days and months after the signing of the Juba Peace agreement, various global powers announced their support for the transitional government of Sudan in its efforts to democratize. Namely,

5454-418: The army, led by Ahmed Awad Ibn Auf , toppled the government and National Legislature and declared a state of emergency in the country for a period of 3 months, followed by a transitional period of two years before an agreement was reached later. Protests had been ongoing in Sudan since 19 December 2018 when a series of demonstrations broke out in several cities due to dramatically rising costs of living and

5555-418: The cabinet and the National Legislature , and announced a three-month state of emergency, to be followed by a two-year transition period. Lt. Gen. Ahmed Awad Ibn Auf , who was both the defense minister of Sudan and the Vice President of Sudan , declared himself the de facto Head of State, announced the suspension of the country's constitution , and imposed a curfew from 10 pm to 4 am, effectively ordering

5656-404: The deaths of hundreds of thousands, with the participation of many sponsors, most notably the UAE . The signing ceremony at Freedom Square in Juba was attended by the presidents of Chad, Djibouti and Somalia, along with the prime ministers of Egypt and Ethiopia, the Emirati Minister of Energy, the US Special Envoy for Sudan and South Sudan and representatives of a number of Western countries. Among

5757-432: The deterioration of the country's economy . In January 2019, the protests shifted attention from economic matters to calls for resignation of the long time President of Sudan Omar al-Bashir . By February 2019, Bashir had declared the first state of national emergency in twenty years amidst increasing unrest. On 11 April, the Sudanese military removed Omar al-Bashir from his position as President of Sudan, dissolved

5858-430: The disqualification of a judge from a particular case is decided by an absolute majority of the other judges. Judges may be removed from office if "found to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions. The removal of a judge requires both a two-thirds majority of the other judges and a two-thirds majority of the states parties. The Office of

5959-403: The disqualification of a prosecutor from any case "in which their impartiality might reasonably be doubted on any ground".< Requests for the disqualification of prosecutors are decided by the Appeals Chamber. A prosecutor may be removed from office by an absolute majority of the states parties through a finding "to have committed serious misconduct or a serious breach of his or her duties" or

6060-405: The dissolution of the ongoing protests. Along with the National Legislature and national government, state governments and legislative councils in Sudan were dissolved as well. State media reported that all political prisoners, including anti-Bashir protest leaders, were being released from jail. Al-Bashir's National Congress Party responded by announcing that they would hold a rally supporting

6161-401: The draft statute, the General Assembly established the Ad Hoc Committee on the Establishment of an International Criminal Court, which met twice in 1995. After considering the Committee's report, the General Assembly created the Preparatory Committee on the Establishment of the ICC to prepare a consolidated draft text. From 1996 to 1998, six sessions of the Preparatory Committee were held at

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6262-492: The entry into force of the Rome Statute , a multilateral treaty that serves as the court's charter and governing document. States which become party to the Rome Statute become members of the ICC, serving on the Assembly of States Parties, which administers the court. As of October 2024, there are 125 ICC member states , 29 states have signed but not ratified the Rome Statute (including four who have withdrawn their signature) and 41 states have neither signed nor become parties to

6363-443: The establishment of a National Revenue Fund, Darfur Reconstruction and Development Commission, and other development projects are all loaded with promises of wealth sharing. This area of the document also makes sure to explicitly mention what exclusive revenue sources the Darfur Region and its states have (i.e. taxes on property/land, tourism, domestic loans). All in all, there are 29 unique principles that are in this section relating to

6464-415: The fair economic outlook of Sudan. The third protocol of the Juba Peace Agreement seeks to address the plethora of human rights violations that had occurred in the region for years. This portion's general principles largely surrounding the respecting, upholding, and adopting of justice measures to combat war crimes and genocide. Many of these focuses are to help victims of violence in Sudan to have justice on

6565-424: The final chapter of the Juba Agreement concludes with rules for the mediators of the document and final provisions. Following a 2019 coup d'etat and subsequent removal of former President Omar al-Bashir , Sudan implemented a transitional government to shift towards a democratic system. Though this government hasn't come without turmoil of its own, it did oust the president who intensified the conflict in Darfur and

6666-404: The first protocol, this one has many general principles such as recognizing that fair allocation of resources/revenue/resources is for the betterment of Sudan. That statement itself is the first principle, which encapsulates the many similar points spelled out in the beginning part of this section. The same overarching themes find their way into the more detailed aspects of this section. For example,

6767-504: The former head of the ruling party, will be charged with corruption and the death of protesters. On 23 April, the AU agreed to extend the transition deadline from 15 days to three months. On 24 April, three members of the Transitional Military Council submitted their resignations. Those who resigned included political committee chair Lieutenant-General Omar Zain al-Abideen, Lieutenant-General Jalal al-Deen al-Sheikh and Lieutenant-General Al-Tayeb Babakr Ali Fadeel. On 27 April, an agreement

6868-418: The foundation of promoting peace between the various ethnic groups through creating agencies for agricultural cooperation. A Hawakeer is an exclusively Sudanese term for means traditional or tribal land ownership rights deemed in effect by the people living in a particular area. This is the point of emphasis in Chapter 7 of the Juba Peace protocols. Recognizing the traditional ownership of these tribal lands and

6969-420: The guiding principles of the agreement, and a prelude to the phases of Final Security Agreements. The first of those agreements is the cessation of hostilities, followed by a permanent ceasefire (which is thoroughly described in the agreement). After that, both permissible and prohibited acts are listed for all parties involved, before the ceasefire preparations are explained. Majority of the remaining components of

7070-434: The historic rights of related lands are the main focusses of this portion—specifically regarding livestock routes and water access. The primary way the agreement decides to solve tension about land rights is with official demarcating of Darfur's borders and the creation of the Darfur Lands and Hawakeer Commission (DLHC). The rest of this chapter spells out the responsibilities and powers of the DLHC as well as its funding. Both

7171-452: The illegal dispossession of land". This has been interpreted as a major shift in environmental law and a move with significant effects. 2019 Sudanese coup d%27%C3%A9tat Military coup successful, protests continue A coup d'état took place in Sudan in the late afternoon on 11 April 2019, when President Omar al-Bashir was overthrown by the Sudanese Armed Forces after popular protests demanded his departure. At that time,

7272-594: The judicial functions of the Court. Disputes concerning individual cases are settled by the Judicial Divisions. In 2010, Kampala, Uganda hosted the Assembly's Rome Statute Review Conference. The Court has four organs: the Presidency, the Judicial Division, the Office of the Prosecutor, and the Registry. The Presidency is responsible for the proper administration of the Court (apart from

7373-412: The longest and most detailed portion of the protocols, Chapter 8 meticulously details the plans for achieving immediate peace that can provide the stability needed to implement the prior sections. A preamble with five overarching statements begins the section before definitions are provided for a myriad of terms used throughout. From there, Chapter 8 states the purpose of the agreement, the parties involved,

7474-429: The military council and made Lt. Gen. Abdel Fattah Abdelrahman Burhan , who serves as general inspector of the armed forces, his successor. This came following protests over his decision not to extradite Bashir to the International Criminal Court . The resignation was regarded as a "triumph" by the protestors, who were overjoyed. Burhan is considered to have a cleaner record than the rest of al-Bashir's generals and

7575-447: The military council announced that Burhan had again cooperated with the demands of the protestors and sacked the nation's three top prosecutors, including chief prosecutor Omar Ahmed Mohamed Abdelsalam, public prosecutor Amer Ibrahim Majid, and deputy public prosecutor Hesham Othman Ibrahim Saleh. The same day, two sources with direct knowledge told CNN that Bashir, his former interior minister Abdelrahim Mohamed Hussein, and Ahmed Haroun,

7676-541: The object and purpose" of the treaty until they declare they do not intend to become a party to the treaty. Four signatory states—Israel in 2002, the United States on 6 May 2002, Sudan on 26 August 2008, and Russia on 30 November 2016 —have informed the UN Secretary General that they no longer intend to become states parties and, as such, have no legal obligations arising from their signature of

7777-601: The ousted president. Soldiers also raided the offices of the Islamic Movement, the main ideological wing of the National Congress, in Khartoum. On 12 April, the ruling military government agreed to shorten the length of its rule to "as early as a month" and transfer control to a civilian government if negotiations could result in a new government being formed. That evening, Auf stepped down as head of

7878-457: The overthrowing of Ahmed al-Mirghani . The NIF implemented unequal policies against non-Arab regarding land and power sharing (therefore setting the table for Darfur years in advance). Therefore, the SLM has pushed for their rights/representation far before any violence was inflicted upon non-Arabs. Though, after that violence occurred, it became just another reason the SLM joined in on the Juba agreement—which gave each of its factions three seats on

7979-478: The peace agreement. After the Black Book , a manuscript that detailed the marginalization of non-Arabs in Sudan, was published in 2000, the JEM was founded with a strong focus on restoring democracy and diplomacy to the state. Given the two's similar viewpoints, the JEM and SLM's primary factions allied around 2010 and served as some of the leading forces in the forced removal of president Al-Bashir. The JEM and

8080-510: The people arrested on 14 April included the head of the party's political sector Abdel Rahman al-Khidir, former Interior Minister Ibrahim Mahmoud , former Presidential Affairs Minister Fadl Abdallah, and head of the party's youth sector Mohamed al-Amin. On 17 April 2019, two prison officials, as well as members of al-Bashir's family, confirmed that al-Bashir was transferred from the presidential palace, where he had been under house arrest, to Khartoum's Kobar Maximum Security Prison . Al-Bashir

8181-674: The protestors and the military to transition to a civilian government officially started. In a statement, several Sudanese activists, including those of the Sudanese Professionals Association and the Sudanese Communist Party , denounced the Transitional Military Council as a government of "the same faces and entities that our great people have revolted against". The activists demanded that power be handed over to

8282-399: The rights of those seeking compensation/reparations and the establishment of a fund for the aforementioned causes. To start of Chapter 5 of the agreement's protocols, there are clear definitions of the terms internally displaced persons (IDPs) , refugees , displaced persons , and residents on lands of others (people illegally living on others' lands after Darfur began. These definitions set

8383-428: The same state. They must be "persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices". The Prosecutor or any person being investigated or prosecuted may request the disqualification of a judge from "any case in which his or her impartiality might reasonably be doubted on any ground". Any request for

8484-418: The section are centered around the code of conduct during the ceasefire and the guardrails put in place at the time of the ceasefire and beyond. Along the multifaceted guidelines of Disarmament, Demobilization, and Reintegration (DDR), all the signing parties are given a well thought out path towards stability. Lastly, after even more information regarding implementations of various programs/methods/organizations,

8585-541: The start of the ICC: The Policy Paper published in September 2016 announced that the ICC will focus on environmental crimes when selecting the cases. According to this document, the Office will give particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in, "inter alia, the destruction of the environment, the illegal exploitation of natural resources or

8686-435: The table for a handful of protocols to ensure all parties involved in Darfur are bound to international law relating to displaced persons and refugees. In addition, the document states that IDPs and refugees have the right of return, citizenship, identity, participation, ownership, and housing. This section also lays out the logistics of compensation for property and housing as well as creating suitable conditions for return. On

8787-449: The transitional government, the NCP has not been barred from taking part in future elections. Prominent activist Mohammed Naji al-Asam announced that trust was also growing between the military and the protestors following more talks and the release of more political prisoners, despite a poorly organized attempt by the army to disperse the sit-in. It was also announced that the military council

8888-409: The treaty stemmed from the inclusion in the list of war crimes "the action of transferring population into occupied territory". The UN General Assembly voted on 9 December 1999 and again on 12 December 2000 to endorse the ICC. Following 60 ratifications, the Rome Statute entered into force on 1 July 2002 and the International Criminal Court was formally established. The first bench of 18 judges

8989-427: The victims). The ICC is governed by the Assembly of States Parties, which is made up of the states that are party to the Rome Statute. The Assembly elects officials of the Court, approves its budget, and adopts amendments to the Rome Statute. The Court itself has four organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry. As of October 2024 , 125 states are parties to

9090-536: Was already forbidden in international conflicts. Resolution 6, pursuant to Article 5(2) of the Statute, provided the definition and a procedure for jurisdiction over the crime of aggression . The ICC has four principal organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor and the Registry. The ICC employs over 900 personnel from roughly 100 countries and conducts proceedings in English and French. The ICC began operations on 1 July 2002, upon

9191-483: Was elected by the Assembly of States Parties in February 2003. They were sworn in at the inaugural session of the Court on 11 March 2003. The Court issued its first arrest warrants on 8 July 2005, and the first pre-trial hearings were held in 2006. The Court issued its first judgment in 2012 when it found Congolese rebel leader Thomas Lubanga Dyilo guilty of war crimes related to using child soldiers . Lubanga

9292-733: Was first proposed during the Paris Peace Conference in 1919 following the First World War by the Commission of Responsibilities . The issue was addressed again at a conference held in Geneva under the auspices of the League of Nations in 1937, which resulted in the conclusion of the first convention stipulating the establishment of a permanent international court to try acts of international terrorism. The convention

9393-466: Was later revealed that the suitcases contained a total of around $ 6.7 million. Parliament speaker Ibrahim Ahmed Omar and presidential aide Nafie Ali Nafie were also placed under house arrest. On 7 May 2019, 21 former officials who served in al-Bashir's National Democratic Alliance (NDA) in South Darfur were arrested after attempting to flee the country. On 8 May, it was revealed that some of

9494-456: Was now lifted and that an order was issued to complete the release of all prisoners jailed under emergency laws ordered by Bashir. Hours beforehand, members of the ruling military council released a statement to Sudanese television which stated that Burhan had accepted the resignation of intelligence and security chief Salah Gosh . Gosh had overseen the crackdown of protestors who opposed al-Bashir. Following these announcements, talks between

9595-461: Was reached to form a transitional council made up jointly of civilians and military, though the exact details of the power-sharing arrangement were not yet agreed upon, as both sides wanted to have a majority. The military also announced the resignation of the three military council generals. Dozens of women were raped on 3 June 2019 by Sudanese security forces and at least 87 people were killed by Rapid Support Forces (RSF) and other troops tore apart

9696-512: Was reported to be surrounded by tight security and held in solitary confinement, in the same prison where he had held political prisoners during his time in power. This came a day after Uganda's Minister for Foreign Affairs Henry Oryem Okello considered offering the former Sudan President asylum in Uganda. Several other allies of al-Bashir are being held at the prison as well. The reports of al-Bashir's transfer were later confirmed to Al Jazeera by

9797-510: Was restructuring, which began with the appointments of Colonel General Hashem Abdel Muttalib Ahmed Babakr as army chief of staff and Colonel General Mohamed Othman al-Hussein as deputy chief of staff. On 15 April, the African Union gave Sudan 15 days to install a civilian government. If the ruling military council does not comply, Sudan will be suspended as a member of the AU. On 16 April,

9898-453: Was selected in a secret ballot against three other candidates to serve as lead prosecutor as of 16 June 2021. As British barrister, Khan had headed the United Nations' special investigative team when it looked into Islamic State crimes in Iraq. At the ICC, he had been lead defense counsel on cases from Kenya, Sudan and Libya. A Policy Paper is a document occasionally published by the Office of

9999-516: Was sentenced to 14 years in prison. In 2010, the states parties of the Rome Statute held the first Review Conference of the Rome Statute of the International Criminal Court in Kampala , Uganda . The Review Conference led to the adoption of two resolutions that amended the crimes under the jurisdiction of the Court. Resolution 5 amended Article 8 on war crimes, criminalizing the use of certain kinds of weapons in non-international conflicts whose use

10100-751: Was signed by 13 states, but none ratified it and the convention never entered into force. Following the Second World War , the allied powers established two ad hoc tribunals to prosecute Axis leaders accused of war crimes. The International Military Tribunal , which sat in Nuremberg , prosecuted German leaders while the International Military Tribunal for the Far East in Tokyo prosecuted Japanese leaders. In 1948

10201-634: Was terminated by Sudan in November 2023 and the UN agreed to do so. This decision was made due to a lack of progress implementing certain aspects of the agreement, which has become a common trend in the immediate years following the finalization in Juba. As for the United States, it joined the UN in commending the Juba Agreement's signatories in October 2021—one year after its signings. This statement from

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