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Latest Update
Upon establishing the Special Criminal Court on the Events in Darfur (SCCED) in June 2005, the Sudanese government specified that at least 160 cases would be brought before the court. By June 2006, however, only 13 cases had been brought, with no cases considered in the following year. Since its inception, the SCCED has not charged any senior commanders involved in the Darfur atrocities.
TRANSITIONAL JUSTICE PROCESSES
Updated in February 2011
Updated in February 2011
Sudan: Special Criminal Court on the Events in Darfur
- Details
- Category: Mechanism
- Created on Wednesday, 07 September 2011 21:16
- Last Updated on Wednesday, 14 December 2011 22:20
- Published on Wednesday, 30 November -0001 00:00
- Written by Super User
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NAME OF MECHANISM
Special Criminal Court on the Events in Darfur
PERIOD OF OPERATION
June 2005 – present
MANDATE AND OPERATIONS
Mandate: Established by the Sudanese authorities by decree on 7 June 2005, the Special Criminal Court on the Events in Darfur (SCCED) has jurisdiction over Darfur in relation to crimes under Sudanese law and any charges as determined by the chief justice or related to international humanitarian law.
Structure: One seat in the capitals of South, North and West Darfur, for a total of three seats.
Staff: The prosecution is made up of five counsellors from the Attorney General's Office.
BACKGROUND
Upon establishing the Special Criminal Court on the Events in Darfur (SCCED) in June 2005, the Sudanese government specified that at least 160 cases would be brought before the court. By June 2006, however, only 13 cases had been brought, with no cases considered in the following year. Since its inception, the SCCED has not charged any senior commanders involved in the Darfur atrocities [HRW | June 2006].
Civil society organisations argue that the primary purpose of the SCCED is to undermine the work of the International Criminal Court (ICC). Under the Rome Statute, the ICC cannot conduct trials capable of being undertaken by national authorities, thus the move to create the SCCED has been viewed as a diplomatic attempt by the Sudanese government to counteract the ICC investigation of Darfur.
In 2008, Sudan's Minister of Justice Abdel Basit Sabderat made an attempt to revive the SCCED, appointing a special prosecutor and legal advisors in each of Darfur's three states to investigate allegations against militia commander Ali Koshayb. The ICC has indicted Ali Koshayb for war crimes and crimes against humanity, but he remains at large [Radio Netherlands | 25 July 2008].
In October 2009, the AU High-Level Panel on Darfur, headed by former South African President Thabo Mbeki, released a report recommending the revitalisation of the Sudanese judicial system, including national legal reform and the use of a hybrid court. In response, the SCCED introduced AU-appointed international judges into its chambers.
The ICC’s announcement that it would consider reintroducing the charge of genocide against Bashir has prompted the Sudanese government to revitalise the SCCED.
SOURCES
[HRW | June 2006]
[Radio Netherlands | 25 July 2008]