Raisi wa Sudan abanwa mbavu kila mahali aendako......


Rutashubanyuma

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Sudan: Bashir Forced to Skip 2 International Events

President Omar al-Bashir, who is wanted on charges of genocide, was forced to stay away from two high-profile international events this week after diplomatic pressure. On Wednesday, judges at the International Criminal Court, who had issued a warrant for Mr. Bashir’s arrest, warned the Central African Republic that it was obliged by treaty to arrest him should he arrive on its territory. Mr. Bashir, left, abruptly canceled his planned trip to attend the Central African Republic’s independence celebrations on Wednesday. He was also forced to stay away from the 80-nation African-European summit meeting in Libya, which ended Tuesday, after a number of European nations had informed the Libyan government that they would not attend the meeting if Mr. Bashir were present.
 

DAR si LAMU

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Just the begining-it will cost him much and finally he will find himself in the hands of icc
...Not only that. He is becoming a textbook for others to read and learn!

...Wa-benz kenya wanajipendekeza kwa icc, baada ya kugundua jamaa wako serious.

...Na hapa nyumbani jamaa wasipokuwa makini, they'll find themselves in the same shoes!
 

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Just the begining-it will cost him much and finally he will find himself in the hands of icc
Even if they arrest him they can not sue him because Sudan does not recognize ICC. Same to USA, no one can arrest American citizen on ICC because American government is not a member of ICC.
 

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Even if they arrest him they can not sue him because Sudan does not recognize ICC. Same to USA, no one can arrest American citizen on ICC because American government is not a member of ICC.
Nchi kutokuwa mwanachama au kuitambua ICC haimaanishi huwezi kukamatwa na kushitakiwa pindi utakapokamatwa.
 

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Nchi kutokuwa mwanachama au kuitambua ICC haimaanishi huwezi kukamatwa na kushitakiwa pindi utakapokamatwa.
Kama ingekuwa inawezekana basi G. Bush angekuwa jela sasa hivi. Kuna vipengele vingi vya ICC ambavyo Marekani ilivunja ktk kwenda ktk vita na Iraq, lakini walishindwa kisheria kumshitaki Bush. Kwa sababu, Marekani siyo mwanachama wa ICC na raia wake yoyote hawezi kukamatwa na kufungwa na ICC kwa sababu USA siyo Member. Kuna vipengele vya sheria ambavyo nchi mwanachama lazima uvifuate ili uweze kushitakiwa.
 

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Kama ingekuwa inawezekana basi G. Bush angekuwa jela sasa hivi. Kuna vipengele vingi vya ICC ambavyo Marekani ilivunja ktk kwenda ktk vita na Iraq, lakini walishindwa kisheria kumshitaki Bush. Kwa sababu, Marekani siyo mwanachama wa ICC na raia wake yoyote hawezi kukamatwa na kufungwa na ICC kwa sababu USA siyo Member. Kuna vipengele vya sheria ambavyo nchi mwanachama lazima uvifuate ili uweze kushitakiwa.
Naona sasa unachanganya madawa unazungumza ICC ama UN Security Council kuhusiana na kwenda Iraq? ICC hawako chini ya UN.
The Court is an independent institution. The Court is not part of the United Nations, but it maintains a cooperative relationship with the U.N. The Court is based in The Hague , the Netherlands , although it may also sit elsewhere.
Wameshindwa kumshitaki kwa sababu hakuna mtu alijenga kesi na kuiwakilisha kwa prosecutor?
Pursuant to the Rome Statute, the Prosecutor can initiate an investigation on the basis of a referral from any State Party or from the United Nations Security Council. In addition, the Prosecutor can initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court received from individuals or organisations ("communications").
ICC - Situations and cases
 

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Naona sasa unachanganya madawa unazungumza ICC ama UN Security Council kuhusiana na kwenda Iraq? Wameshindwa kumshitaki kwa sababu hakuna mtu alijenga kesi na kuiwakilisha kwa prosecutor?
ICC - Situations and cases

Nazungumzia hiyo ICC. Rome Statute ni ratification iliyotakiwa kusaigniwa lakini kuna nchi tatu duniani ambazo hazijasign ratification kwa kuogopa kushtakiwa: ni USA, Israel, na Sudan.


The United States is not a member of the International Criminal Court (ICC). The ICC is a permanent international criminal court, founded in 2002 by the Rome Statue to investigate and prosecute individuals suspected of having committed genocide, crimes against humanity, and war crimes.
As of October 2010[update], 114 states are members of the Court and a further 25 countries have signed but not ratified the Rome Statute.[1] Countries such as India, Indonesia, and China have not signed or ratified the Rome Statute.[1] The United States is in the unique position of having signed the Rome Statute, but formally withdrawn its current intention of ratification.[1]
Positions in the United States concerning the ICC vary widely. The Clinton Administration signed the Rome Statute in 2000, but did not submit it for Senate ratification. The Bush Administration, the US administration at the time of the ICC's founding, stated that it would not join the ICC. The Obama Administration has re-established a working relationship with the court and has called for continued "positive, principled engagement".[2


A further 34 states have signed but not ratified the Rome Statute;[7] the law of treaties obliges these states to refrain from "acts which would defeat the object and purpose" of the treaty.[27] Three of these states-Israel, Sudan and the United States-have "unsigned" the Rome Statute, indicating that they no longer intend to become states parties and, as such, they have no legal obligations arising from their signature of the statute.[7
 

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Kutokuwa mwanachama hakuwazuii prosecutors kutokufungulia mashitaka kama kuna ushaidi wa kutosha ndio maana Al Bashir amefunguliwa mashitaka na wameissue warrant.
 

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Even if they arrest him they can not sue him because Sudan does not recognize ICC. Same to USA, no one can arrest American citizen on ICC because American government is not a member of ICC.
Kama staili ndiyo hiyo, basi nchi nyingi za kiafrika zitapenda zijichomoe kutoka ICC ili ziwe free hata kama zikifanya madudu!
 

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Even if they arrest him they can not sue him because Sudan does not recognize ICC. Same to USA, no one can arrest American citizen on ICC because American government is not a member of ICC.
Kama staili ndiyo hiyo, basi nchi nyingi za kiafrika zitapenda zijichomoe kutoka ICC ili ziwe free hata kama zikifanya madudu!
 

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Even if they arrest him they can not sue him because Sudan does not recognize ICC. Same to USA, no one can arrest American citizen on ICC because American government is not a member of ICC.
Sudan is not a party to the Rome Statute, so how did the ICC acquire the jurisdiction to prosecute the Sudanese President, Omar Hassan al-Bashir (and, prior to that, two other Sudanese nationals)? The answer lies in Article 13(b) of the Statute, which states that the ICC may exercise jurisdiction in respect of genocide, war crimes and crimes against humanity if "A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations;"

So, the ICC is not an independent judicial body, the jurisdiction of which states can choose to reject, as the US and Sudan have done. On the contrary, its jurisdiction can be extended by the Security Council to apply to states that have chosen to reject its jurisdiction.

This is what was done to Sudan. On 31 March 2005, the Security Council passed Chapter VII resolution 1593, sponsored by the UK, which extended the jurisdiction of the ICC into Sudan. In Paragraphs 1 and 2, it decided "to refer the situation in Darfur since 1 July 2002 to the Prosecutor of the International Criminal Court" and ordered the Government of Sudan to cooperate with the ICC, even though it isn't a party to the Rome Statute.

With regard to George Bush and the Iraq war, this cannot happen to veto-wielding members of the Security Council like the United States, who has chosen not to become a party to the Statute. The United States would simply wield her veto to block any attempt by the Security Council to extend the ICC's jurisdiction to the United States so that G.W Bush could be prosecuted. So, countries like China, Russia and the US, which have chosen not to ratify the Statute, will never have ICC jurisdiction extended to their territories.
 

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Kutokuwa mwanachama hakuwazuii prosecutors kutokufungulia mashitaka kama kuna ushaidi wa kutosha ndio maana Al Bashir amefunguliwa mashitaka na wameissue warrant.

Ndiyo wameissue warranty lakini bado hawawezi kumkamata kama akiwa ktk nchi ambayo haijsaign ratification. Ndiyo maana kuna mkutano mmoja walihamishia Ethiopia kwa sababu Ethiopia hawajasaign ratification. Hii ICC bado inapingwa sana kutokana na kutumia definition tofauti za crime. Hii quote kutoka BBC inaeleza jinsi AU inavyopinga kukamatwa kwa Bashir na ICC.


But Sudan's President Omar al-Bashir remains at liberty, with several ICC signatory countries refusing to co-operate in his arrest.
Chad declined to detain him earlier this year, and in October a meeting of East African leaders was shifted from Kenya - an ICC signatory - to Ethiopia - a non-signatory - at the last moment, amid pressure for Kenya to arrest him.

The case illustrates the controversy that can be generated by the ICC - the African Union has instructed members not to carry out the ICC arrest warrant while it conducts its own investigation. It points out that Sudan is not a signatory to the court.
 

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Sudan is not a party to the Rome Statute, so how did the ICC acquire the jurisdiction to prosecute the Sudanese President, Omar Hassan al-Bashir (and, prior to that, two other Sudanese nationals)? The answer lies in Article 13(b) of the Statute, which states that the ICC may exercise jurisdiction in respect of genocide, war crimes and crimes against humanity if "A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations;"

So, the ICC is not an independent judicial body, the jurisdiction of which states can choose to reject, as the US and Sudan have done. On the contrary, its jurisdiction can be extended by the Security Council to apply to states that have chosen to reject its jurisdiction.

This is what was done to Sudan. On 31 March 2005, the Security Council passed Chapter VII resolution 1593, sponsored by the UK, which extended the jurisdiction of the ICC into Sudan. In Paragraphs 1 and 2, it decided "to refer the situation in Darfur since 1 July 2002 to the Prosecutor of the International Criminal Court" and ordered the Government of Sudan to cooperate with the ICC, even though it isn't a party to the Rome Statute.

Unajua hizi statute nyingi zinapitishwa lakini kwanza inabidi member akubali kila crime na definition yake according katiba yao. Ndiyo maana Marekani, Israel, na Sudan wamepinga kuratify kwa sababu kuna vipengele ambavyo inabidi wavikubali kabla ya kusign. Hapa ndipo utakapoona hii ICC imeundwa kwa ajili ya Afrika tu na siyo Wazungu. Nchi kama Marekani na Israel zinapinga basi lazima ujue kuna ukweli ndani yake hizo crime au kuna issue nyingine.
 

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Wacha waafrika tubanwe mbavu, tunapokwenda kusaini hizi statutes hatuzisomi na kuelewa tafsiri zake. Tunafurahia kukaa nao na kuchekelea kumbe wanatutafuta sisi.
 

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Hii ICC bado inapingwa sana kutokana na kutumia definition tofauti za crime.
tofauti na definition ipi? kwani definition ya crime ni nini? kwa mujibu wa bunge la nchi gani?

"ICC bado inapingwa" wakati ina nchi wanachama 114?
 

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World Briefing | Africa

Sudan: Delay on South's Independence Vote

By REUTERS

Published: December 2, 2010

The head of the commission organizing South Sudan's vote on independence intends to ask the country's leaders to delay voting by up to three weeks, his deputy said Thursday. The head of the commission, Mohammed Ibrahim Khalil, a northerner, said he would write to Sudan's president and the leader of the semi-autonomous south asking for a delay. Logistical problems and north-south bickering have plagued preparations for the vote, which is scheduled to be held by Jan. 9 as part of a 2005 peace deal that ended decades of civil war. Southern leaders have so far rejected any calls for a delay.
 

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tofauti na definition ipi? kwani definition ya crime ni nini? kwa mujibu wa bunge la nchi gani?

"ICC bado inapingwa" wakati ina nchi wanachama 114?
Kila nchi kuwa na definition tofauti ya Crime ni kwamba; kuna makosa ambayo kuna nchi nyingine wanasema si crime na nchi nyingine wanasema ni crime. Kwa mfano, Bush alipoivamia Iraq, bila ya vote kutoka UN Security Council, na USA ilikwenda Iraq na kusababisha vifo vya watu wengi ikiwemo innocent people, sasa kama definition ya Crime ina apply kwa mauaji hayo basi Bush ni Guilty, lakini Marekani walipinga kusign kwa sababu, wanasema si crime.

Kuna nchi kama Israel, Sudan nk bado zinaendelea kupinga kutokana na hiyo definition ya crime.
 

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