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Sunday, 06 November 2016

Editorial: Africa’s Transitional Justice

Following the pull out of several African states from the International Criminal Court (ICC), the African Union and the participating countries

in the African Human Rights conference held in Gambia are to adopt the project of “transitional justice” as a substitute policy replacing the International Criminal Court (ICC).
The African Union has set out in laying down the legal framework for the said justice as it is appropriate to the African community and its practice in solving internal conflicts.
Sudan has participated in the conference of human rights and peoples by two delegations represented in the Ministry of Justice “Human Rights Consultative Council”, the national commission of human rights and the civil society organizations whereby it will conclude deliberations on the fourth of next November.
The issue of ICC was also put forward and it was recommended that the transitional justice is to replace the ICC
However, transitional justice refers to the set of judicial and non-judicial measures that have been implemented by different countries in order to redress the legacies of massive human rights abuses. These measures include criminal prosecutions, truth commissions, reparations programmes, and various kinds of institutional reforms.
Transitional justice is not a ‘special’ kind of justice, but an approach to achieve justice in times of transition from conflict and/or state repression. By trying to achieve accountability and redressing victims, transitional justice provides recognition of victims’ rights promotes civic trust and strengthens the democratic rule of law.
Adapting transitional justice by African leaders is the best solution to defeat any allegation that those leaders rejected the ICC to continue their human rights violations.
The decision requires an appropriate reform in the concerned institutions to prevent the abuses.
Despite the fact that transitional justice measures rest on solid legal and moral obligations, there is wide latitude as to how these obligations can be satisfied, and therefore there is no formula to fit all contexts.
It is high time for African leaders to take the necessary measures to remove the mistrust between groups of institutions of the country and the people.
Criminal prosecutions should be activated besides the institutional reforms and creating a kid of truth commission will definitely lead to a successful transitional justice.