Comments on: The AU Panel and the Justice Challenge (1) http://blogs.ssrc.org/darfur/2009/07/12/the-au-panel-and-the-justice-challenge-i/ Fri, 20 Nov 2009 10:36:10 -0600 http://wordpress.org/?v=2.8.4 hourly 1 By: Abdallah Khalil http://blogs.ssrc.org/darfur/2009/07/12/the-au-panel-and-the-justice-challenge-i/comment-page-1/#comment-4180 Abdallah Khalil Thu, 16 Jul 2009 09:21:20 +0000 http://blogs.ssrc.org/darfur/?p=956#comment-4180 Dear Ahmed Hassan, Thank you very much for your reply and interest. The issue of justice in Darfur is wider than exclusively limiting it to hold the president and some top officials accountable as being pursued by the International Criminal Court (ICC) which, in my opinion, represents a mere reduction of a greater social issue. Pursuing of justice in Darfur through the intervention of international judicial institutes like the ICC may achieve a sort of satisfaction for the political elite and opponents of the regime in Khartoum, but would it be of value in achieving real and touchable improvement on the ground? I doubt, because achievement of justice as an absolute value shouldn't be politicized or manipulated to attain at liquidation of political disputes. If, on the other hand, justice is pursued to achieve social reconciliation, restoration of peaceful co-existance and maintainance of the social fabric then it is the work of the grass root people and thier social and traditional organs. We shouldn't allow the complications of the issue to distract us from considering what justice will essentially bring to us. Dear Ahmed Hassan,

Thank you very much for your reply and interest.

The issue of justice in Darfur is wider than exclusively limiting it to hold the president and some top officials accountable as being pursued by the International Criminal Court (ICC) which, in my opinion, represents a mere reduction of a greater social issue. Pursuing of justice in Darfur through the intervention of international judicial institutes like the ICC may achieve a sort of satisfaction for the political elite and opponents of the regime in Khartoum, but would it be of value in achieving real and touchable improvement on the ground? I doubt, because achievement of justice as an absolute value shouldn’t be politicized or manipulated to attain at liquidation of political disputes.
If, on the other hand, justice is pursued to achieve social reconciliation, restoration of peaceful co-existance and maintainance of the social fabric then it is the work of the grass root people and thier social and traditional organs. We shouldn’t allow the complications of the issue to distract us from considering what justice will essentially bring to us.

]]> By: Ahmed Hassan http://blogs.ssrc.org/darfur/2009/07/12/the-au-panel-and-the-justice-challenge-i/comment-page-1/#comment-4170 Ahmed Hassan Tue, 14 Jul 2009 09:19:42 +0000 http://blogs.ssrc.org/darfur/?p=956#comment-4170 Dear Abdallah Khalil, Thank you very much for your contribution. Although I find myself in total agreement with you regarding the importance of justice for the Darfur people, I find it extremely difficult, on the other hand, to understand or to accept your emphasis on the local judiciary system in this very context. In my understanding, supporting the ICC initiative does not close the door in front of the local system to play whatever role that they are capable of playing. But also as Sudanese, I see these systems were devised historically to deal with a certain level of local or domestic issues, and not with issues that amount to bringing heads of states and central government officials to justice. May be I am not quite versed in this area of our history, but I don't recall the local judiciary system was ever able to perform that sort of judiciary roles. Yes, I agree that as far as the traditional tribal and nomads-farmers seasonal conflicts are concerned, these traditional systems were always able to handle the situation, and I strongly believe that they should be supported and strengthened in this regards, as this will also contribute to the local peace building and conflict resolution processes. However, the magnitude of the issues in Darfur today, stands at relatively different and more complicated grounds and the stakes are interlinked with lots of regional and international players and interests, that are far beyond the reach of our traditional systems, and may be that is one reason why we should all appreciate and value what the ICC is trying to do, even though it might have been criticized for being too righteous about justice to the extent of compromising peace, and albeit the fact that some of us see justice and peace as two faces of the same coin or that it is inevitable for peace in Darfur to come with some price and not as a free handout. Dear Abdallah Khalil,

Thank you very much for your contribution.

Although I find myself in total agreement with you regarding the importance of justice for the Darfur people, I find it extremely difficult, on the other hand, to understand or to accept your emphasis on the local judiciary system in this very context.

In my understanding, supporting the ICC initiative does not close the door in front of the local system to play whatever role that they are capable of playing. But also as Sudanese, I see these systems were devised historically to deal with a certain level of local or domestic issues, and not with issues that amount to bringing heads of states and central government officials to justice. May be I am not quite versed in this area of our history, but I don’t recall the local judiciary system was ever able to perform that sort of judiciary roles.

Yes, I agree that as far as the traditional tribal and nomads-farmers seasonal conflicts are concerned, these traditional systems were always able to handle the situation, and I strongly believe that they should be supported and strengthened in this regards, as this will also contribute to the local peace building and conflict resolution processes.

However, the magnitude of the issues in Darfur today, stands at relatively different and more complicated grounds and the stakes are interlinked with lots of regional and international players and interests, that are far beyond the reach of our traditional systems, and may be that is one reason why we should all appreciate and value what the ICC is trying to do, even though it might have been criticized for being too righteous about justice to the extent of compromising peace, and albeit the fact that some of us see justice and peace as two faces of the same coin or that it is inevitable for peace in Darfur to come with some price and not as a free handout.

]]> By: Abdallah Khalil http://blogs.ssrc.org/darfur/2009/07/12/the-au-panel-and-the-justice-challenge-i/comment-page-1/#comment-4162 Abdallah Khalil Mon, 13 Jul 2009 11:20:37 +0000 http://blogs.ssrc.org/darfur/?p=956#comment-4162 Justice and accountability to achieve it are two supreme values that no one can deny thier urgency to stabilize societies, heal the wounds of victims, maintain the spirit of reconciliation and hold the perpetrators accountable for thier abuses. However, sticking to justice as a slogan and as a subject of political mobilization will not allow us to achieve those gains instead it will be an issue of manipulation and politicization. Pursuing justice to its essence far from exploitation by beneficiaries will be the only way that will absolutely bring satisfaction and relief to the people of Darfur. The intervention of outsiders, like the ICC, in the issue of justice in Darfur has been a complication factor taking into an account its judicial measures which are not adapted to the traditional system of judging being pursued in Darfur for centuries through which it shows exceptional capabilities of stabilizing communities and preserving thier integrity. The reliance on the ICC as the only orginization that will achieve justice for the Darfurians isolates other effective social organs from playing thier very role in thier own societies. The native administration was the wisdom behind the conservation of the Darfuri social fabric in the past through very wise leadership, guidance and intervention. Strengthening the role the native administration in the issue of accountability will be very valuable to achieve a domestic justice that every Darfurian will accept and feel familiar with rather than pursuing a one from overseas. Justice and accountability to achieve it are two supreme values that no one can deny thier urgency to stabilize societies, heal the wounds of victims, maintain the spirit of reconciliation and hold the perpetrators accountable for thier abuses. However, sticking to justice as a slogan and as a subject of political mobilization will not allow us to achieve those gains instead it will be an issue of manipulation and politicization. Pursuing justice to its essence far from exploitation by beneficiaries will be the only way that will absolutely bring satisfaction and relief to the people of Darfur.
The intervention of outsiders, like the ICC, in the issue of justice in Darfur has been a complication factor taking into an account its judicial measures which are not adapted to the traditional system of judging being pursued in Darfur for centuries through which it shows exceptional capabilities of stabilizing communities and preserving thier integrity. The reliance on the ICC as the only orginization that will achieve justice for the Darfurians isolates other effective social organs from playing thier very role in thier own societies. The native administration was the wisdom behind the conservation of the Darfuri social fabric in the past through very wise leadership, guidance and intervention. Strengthening the role the native administration in the issue of accountability will be very valuable to achieve a domestic justice that every Darfurian will accept and feel familiar with rather than pursuing a one from overseas.

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