The death toll resulting from all the armed conflicts in the Sudan, including south Sudan and Darfur, has far exceeded that of the victims of many recent conflicts combined together; more than those of Rwanda, Former Yugoslavia, Sierra Leone and East Timor. Despite the tragic death toll, massive displacement, alleged genocide, crimes against humanity and war crimes, the Sudanese case has neither featured in the legal literature nor been mentioned in the practice of international Tribunals. This book aims to rectify this by focusing on the ‘Sudan’s armed conflicts’ as a case study.
Unlike the approach followed in the preponderant legal literature, which tends to focus on International Humanitarian Law as the only applicable regime in armed conflicts, this book brings on board Human Rights Law, which can be applied side by side with International Humanitarian Law. In this sense, it tries to build bridges between the two branches of international law. It focuses on the operation of both regimes at three levels: their scope of application, the protection they afford, and how they can be enforced or implemented. It critically highlights the Sudan’s laws and how they cohere with or contradict International Humanitarian Law and Human Rights Law. It particularly examines the Sudan’s military, criminal and Islamic laws and judicial practices and analyzes them in the light of International treaties ratified by the Sudan. It draws heavily on the practice of regional and UN human rights bodies and humanitarian organizations such as the ICRC.
The legal materials included in the book constitute a good resource for future work in the field. Most of the materials were written in Arabic, and hence are unavailable in other jurisdictions. Thus, including them as translated materials will prove to be of great value for those who intend to familiarize themselves with the Sudan’s laws and practices in this field.
INTRODUCTION (p. 1)
I. THE IDENTITY OF THE ARMED CONFLICTS: THE CASE STUDY OF THE SUDAN (p. 13)
II. APPLICATION OF INTERNATIONAL HUMANITARIAN LAW TO THE ARMED CONFLICTS OF THE SUDAN: CHARACTERIZATION AND CONSEQUENCES (p. 29)
III. THE APPLICATION OF HUMAN RIGHTS LAW TO THE ARMED CONFLICTS OF THE SUDAN (p. 71)
IV. APPLICATION OF INTERNATIONAL HUMANITARIAN LAW AND HUMAN RIGHTS LAW TO THE PARTICIPANTS OF THE ARMED CONFLICTS (p. 117)
V. SUBSTANTIVE PROTECTION UNDER INTERNATIONAL HUMANITARIAN LAW AND HUMAN RIGHTS LAW (p. 151)
VI. IMPLEMENTATION AND ENFORCEMENT OF INTERNATIONAL HUMANITARIAN LAW IN THE SUDAN (p. 195)
VII. IMPLEMENTATION AND ENFORCEMENT OF HUMAN RIGHTS LAW IN THE SUDAN (p. 237)
VIII. CONCLUSION (p. 275)
BIBLIOGRAPHY (p. 279)
TABLE OF TREATIES (p. 295)
SELECTED TABLE OF CASES (p. 297)
TABLE OF UN DOCUMENTS ON THE SUDAN (p. 299)
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The time that criminal law was pre-eminently a national matter is gone. Criminal law and criminal procedure is no longer solely a product of decisions made by national legislative bodies, applied by national police, prosecutors and judges. A new criminal law is developing which goes beyond separate nations: supranational criminal law.
One example of this development is the relatively young body of law concerning war crimes, crimes against humanity and genocide. Particularly essential to this development has been the establishment of the ICTY, the ICTR and the ICC, and of many internationalised tribunals all over the world. A second example of the development towards the supranationalisation of criminal law can be seen on a more regional level. In Europe for instance, the area of criminal law has become a prioritised field of co-operation in the third pillar of the European Union. These supranational criminal systems are criminal systems sui generis.
That at least is the presupposition of this series on supranational criminal law. The Supranational Criminal Law: Capita Selecta series contributes to this discussion from a theoretical, dogmatic point of view, working towards new, consistent and fair penal systems, crossing the borders of the old law families and traditions.
The series is edited by Dr. Roelof H. Haveman (editor-in-chief - Rule of Law Advisor, embassy of the Netherlands in Mali), Dr. Paul J.A. De Hert (Free University of Brussels, Belgium and University of Tilburg, the Netherlands) and Dr. Alette Smeulers (University of Groningen, the Netherlands).
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