Sudanese security forces deploy outside the Khartoum courthouse during a trial session of Sudan's ousted president Omar Al Bashir along with others, in the Sudanese capital on August 25, 2020. AFP
Sudanese security forces deploy outside the Khartoum courthouse during a trial session of Sudan's ousted president Omar Al Bashir along with others, in the Sudanese capital on August 25, 2020. AFP
Sudanese security forces deploy outside the Khartoum courthouse during a trial session of Sudan's ousted president Omar Al Bashir along with others, in the Sudanese capital on August 25, 2020. AFP
Sudanese security forces deploy outside the Khartoum courthouse during a trial session of Sudan's ousted president Omar Al Bashir along with others, in the Sudanese capital on August 25, 2020. AFP

Omar Al Bashir inches closer to facing justice


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“I reiterate that the government is fully prepared to co-operate with the ICC to facilitate access to those accused of war crimes and crimes against humanity.” So declared Sudanese Prime Minister Abdalla Hamdok on August 22, 2020.

Some surely are asking: haven’t we have heard this type of talk from Sudanese officials before? Yes, we have. What we have not seen are any trials of any perpetrators involved in atrocities in Darfur – or the rest of Sudan. Will this latest round of rhetorical commitment to justice translate into actual accountability?

Sudan's former vice president Ali Osman Taha is pictured behind the bars during the trial of ousted president Omar Al Bashir, along with others at a courthouse in the Sudanese capital Khartoum, on August 25, 2020. AFP
Sudan's former vice president Ali Osman Taha is pictured behind the bars during the trial of ousted president Omar Al Bashir, along with others at a courthouse in the Sudanese capital Khartoum, on August 25, 2020. AFP

Not long after former Sudanese President Omar Al Bashir’s unceremonious fall from power in April 2019, officials in the country stated their interest in Al Bashir “appearing” before the ICC. The announcement was met with a feverish reaction. A decade after the ICC issued warrants for his arrest, would Al Bashir finally find himself before judges in The Hague?

The answer, we now know, was no. In fact, Sudan’s new rulers hadn’t said the country’s former head of state would be sent to the ICC. Rather, they appeared interested in having the ICC put Al Bashir – and others wanted for atrocities in Darfur – on trial in Sudan itself.

This is also how Mr Hamdok’s remarks should be understood. He did not say that Sudan was prepared to ship off defendants to the ICC, but that Sudan is now ready to co-operate with the court to facilitate “access” to those accused. Some, like Al Bashir and former ministers Ahmad Harun and Abdel Rahim Mohammed Hussein, who are also implicated in the commission of atrocities in Darfur, are currently under arrest in Sudan.

So, what does Mr Hamdok’s commitment to cooperate with the ICC mean? Is it an empty gesture?

The short answer is no. This is the first time that someone as senior as the Prime Minister has spoken out in favour of co-operating with the ICC. His comments also come in the wake of protests in which the subject of ICC justice has gained some traction, as well as the recent revision of laws that precluded Sudanese authorities from co-operating with the ICC.

As one human rights advocate recently observed, the reforms are “a welcome signal that Sudan’s leaders take seriously their public promises to co-operate with the court on outstanding arrest warrants”. The regular and repeated declarations of support for the ICC from within the Sudanese government also make it harder to backtrack on their pledge to ensure those targeted by the court for atrocities in Darfur will be prosecuted.

What justice for events in Darfur might look like remains murky. The same options on the table exist now as they did when the government first suggested it would work with the ICC. The court's Prosecutor, Fatou Bensouda, recently stated that she is not aware of the government's plans. She has spoken of difficulties in her interactions with interlocutors in Sudan due to the Covid-19 pandemic and the inability of her staff to visit Sudan.

Family members of the accused rally outside the Khartoum courthouse during a trial session of Sudan's ousted president Omar Al Bashir along with others, in the Sudanese capital on August 25, 2020. AFP
Family members of the accused rally outside the Khartoum courthouse during a trial session of Sudan's ousted president Omar Al Bashir along with others, in the Sudanese capital on August 25, 2020. AFP
What justice for events in Darfur might look like remains murky

So far, authorities have not tipped their hand as to whether they would surrender Al Bashir, Harun or Hussein to The Hague if the court is unwilling or unable to hold proceedings on Sudanese territory. Nor have they indicated any interest in investigating and prosecuting those responsible for international crimes in Darfur themselves; Al Bashir has been tried in Sudan, but only for corruption and related crimes.

To be sure, after decades of Al Bashir’s rule and Sudan’s designation as a pariah state, Khartoum wants the benefits that international rehabilitation can bring. Co-operating with the ICC would appear to be part an effort to look like a member of the international community in good standing. But the desire to “come in from the cold” may also be a reason why Sudan has chosen a one-foot-in-one-foot-out approach to the ICC: committing to co-operation, but not spelling out what that would look like.

Governing authorities may want to leverage their co-operation for other benefits – including on financial, diplomatic, and trade matters – from states that would like to see Al Bashir prosecuted by the court. Sceptics might also suggest that while Sudan’s rulers are interested in co-operating with the ICC, they will only do so if their leadership is protected from investigation and prosecution by the court.

Despite the tectonic political changes in Khartoum and ongoing negotiations with rebel forces, which included an agreement to “hand over” Al Bashir to the ICC, mass violence in Darfur continues, with civilians facing the brunt.

Parallel to demands for ICC justice, Sudanese protestors have also demanded justice for the deaths of at least 120 demonstrators during the popular uprising that ousted Al Bashir from power. Authorities have promised accountability for the killings as well as alleged sexual assaults and rapes committed by security forces. But some of those same authorities are themselves implicated in atrocities. Awad Ibn Auf, one of Sudan’s coup leaders, for example, has been sanctioned by the United States and “helped to stand up the infamous proxy militia force known as the Janjaweed, who brutalised the Darfuri population”.

Ultimately, what the ICC needs most is co-operation from Sudanese authorities. It remains unclear whether ICC prosecutors are ready for Al Bashir to show up in The Hague. It has been an open secret for many years that prosecutors were not prepared for him to be handed over to be tried for genocide, a notorious difficult crime to prove in court. Of course, that was before he was overthrown and before ICC investigators had access to evidence in Darfur and the rest of Sudan.

Now, with Sudan’s co-operation and access to potential defendants, ICC investigators and prosecutors could encourage some of those languishing in jail to testify against Al Bashir or plead guilty while supplying the court with invaluable evidence and testimony. That would prove a coup of its own for prosecutors.

It might thus be wrong to suggest that Khartoum is dithering on justice only out of a sense of self-interest. Al Bashir’s prosecution would be the ICC’s biggest, most difficult and most dramatic to date – by far. The court’s prosecutors might be quite happy, then, for the wheels of justice to grind slowly but surely. It gives them ample opportunity to prepare for Al Bashir’s trial – wherever it may take place.

Mark Kersten is an expert in international law and a consultant at the Wayamo Foundation

HIJRA

Starring: Lamar Faden, Khairiah Nathmy, Nawaf Al-Dhufairy

Director: Shahad Ameen

Rating: 3/5

Specs

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The years Ramadan fell in May

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Padmaavat

Director: Sanjay Leela Bhansali

Starring: Ranveer Singh, Deepika Padukone, Shahid Kapoor, Jim Sarbh

3.5/5

How it works

A $10 hand-powered LED light and battery bank

Device is operated by hand cranking it at any time during the day or night 

The charge is stored inside a battery

The ratio is that for every minute you crank, it provides 10 minutes light on the brightest mode

A full hand wound charge is of 16.5minutes 

This gives 1.1 hours of light on high mode or 2.5 hours of light on low mode

When more light is needed, it can be recharged by winding again

The larger version costs between $18-20 and generates more than 15 hours of light with a 45-minute charge

No limit on how many times you can charge

 

House-hunting

Top 10 locations for inquiries from US house hunters, according to Rightmove

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THE SPECS

Engine: 1.5-litre, four-cylinder turbo

Transmission: seven-speed dual clutch automatic

Power: 169bhp

Torque: 250Nm

Price: Dh54,500

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Everton v Tottenham, Sunday, 8.30pm (UAE)

Match is live on BeIN Sports

MIDWAY

Produced: Lionsgate Films, Shanghai Ryui Entertainment, Street Light Entertainment
Directed: Roland Emmerich
Cast: Ed Skrein, Woody Harrelson, Dennis Quaid, Aaron Eckhart, Luke Evans, Nick Jonas, Mandy Moore, Darren Criss
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Recipe: Spirulina Coconut Brothie

Ingredients
1 tbsp Spirulina powder
1 banana
1 cup unsweetened coconut milk (full fat preferable)
1 tbsp fresh turmeric or turmeric powder
½ cup fresh spinach leaves
½ cup vegan broth
2 crushed ice cubes (optional)

Method
Blend all the ingredients together on high in a high-speed blender until smooth and creamy. 

Gran Gala del Calcio 2019 winners

Best Player: Cristiano Ronaldo (Juventus)
Best Coach: Gian Piero Gasperini (Atalanta)
Best Referee: Gianluca Rocchi
Best Goal: Fabio Quagliarella (Sampdoria vs Napoli)
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Engine: 5.6-litre V8

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What: 11th edition of the Mubadala World Tennis Championship

When: December 27-29, 2018

Confirmed: men: Novak Djokovic, Rafael Nadal, Kevin Anderson, Dominic Thiem, Hyeon Chung, Karen Khachanov; women: Venus Williams

Tickets: www.ticketmaster.ae, Virgin megastores or call 800 86 823

POSSIBLE ENGLAND EURO 2020 SQUAD

Goalkeepers: Jordan Pickford, Nick Pope, Dean Henderson.
Defenders: Trent Alexander-Arnold, Kieran Trippier, Joe Gomez, John Stones, Harry Maguire, Tyrone Mings, Ben Chilwell, Fabian Delph.
Midfielders: Declan Rice, Harry Winks, Jordan Henderson, Ross Barkley, Mason Mount, Alex Oxlade-Chamberlain.
Forwards: Harry Kane, Raheem Sterling, Marcus Rashford, Jadon Sancho, Tammy Abraham, Callum Hudson-Odoi.

MATCH INFO

West Ham United 2 (Antonio 73', Ogbonna 90 5')

Tottenham Hotspur 3 (Son 36', Moura 42', Kane 49')

The burning issue

The internal combustion engine is facing a watershed moment – major manufacturer Volvo is to stop producing petroleum-powered vehicles by 2021 and countries in Europe, including the UK, have vowed to ban their sale before 2040. The National takes a look at the story of one of the most successful technologies of the last 100 years and how it has impacted life in the UAE. 

Read part four: an affection for classic cars lives on

Read part three: the age of the electric vehicle begins

Read part one: how cars came to the UAE

 

Jumanji: The Next Level

Director: Jake Kasdan

Stars: Dwayne Johnson, Kevin Hart, Karen Gillan, Jack Black, Nick Jonas 

Two out of five stars 

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7.30pm: Ezz Al Rawasi  

Our legal consultant

Name: Dr Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

Company profile

Name: Steppi

Founders: Joe Franklin and Milos Savic

Launched: February 2020

Size: 10,000 users by the end of July and a goal of 200,000 users by the end of the year

Employees: Five

Based: Jumeirah Lakes Towers, Dubai

Financing stage: Two seed rounds – the first sourced from angel investors and the founders' personal savings

Second round raised Dh720,000 from silent investors in June this year

Fanney Khan

Producer: T-Series, Anil Kapoor Productions, ROMP, Prerna Arora

Director: Atul Manjrekar

Cast: Anil Kapoor, Aishwarya Rai, Rajkummar Rao, Pihu Sand

Rating: 2/5 

PROFILE BOX:

Company/date started: 2015

Founder/CEO: Rami Salman, Rishav Jalan, Ayush Chordia

Based: Dubai, UAE

Sector: Technology, Sales, Voice, Artificial Intelligence

Size: (employees/revenue) 10/ 100,000 downloads

Stage: 1 ($800,000)

Investors: Eight first-round investors including, Beco Capital, 500 Startups, Dubai Silicon Oasis, Hala Fadel, Odin Financial Services, Dubai Angel Investors, Womena, Arzan VC

 

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Results

5pm: Al Falah – Maiden (PA) Dh80,000 (Turf) 1,200m; Winner: Bshara, Richard Mullen (jockey), Salem Al Ketbi (trainer)

5.30pm: Wathba Stallions Cup – Handicap (PA) Dh70,000 (T) 1,400m; Winner: AF Musannef, Tadhg O’Shea, Ernst Oertel

6pm: Al Dhafra – Maiden (PA) Dh80,000 (T) 1,600m; Winner: AF Mualami, Antonio Fresu, Abubakar Daud

6.30pm: Al Khaleej Al Arabi – Handicap (PA) Dh80,000 (T) 1,600m; Winner: Hawafez, Adrie de Vries, Abubakar Daud

7pm: Al Mafraq – Handicap (PA) Dh80,000 (T) 1,600m; Winner: JAP Almahfuz, Royston Ffrench, Irfan Ellahi

7.30pm: Al Samha – Handicap (TB) Dh80,000 (T) 1,600m; Winner: Celestial Spheres, Patrick Cosgrave, Ismail Mohammed

Game Changer

Director: Shankar 

Stars: Ram Charan, Kiara Advani, Anjali, S J Suryah, Jayaram

Rating: 2/5

The squad traveling to Brazil:

Faisal Al Ketbi, Ibrahim Al Hosani, Khalfan Humaid Balhol, Khalifa Saeed Al Suwaidi, Mubarak Basharhil, Obaid Salem Al Nuaimi, Saeed Juma Al Mazrouei, Saoud Abdulla Al Hammadi, Taleb Al Kirbi, Yahia Mansour Al Hammadi, Zayed Al Kaabi, Zayed Saif Al Mansoori, Saaid Haj Hamdou, Hamad Saeed Al Nuaimi. Coaches Roberto Lima and Alex Paz.

Key findings of Jenkins report
  • Founder of the Muslim Brotherhood, Hassan al Banna, "accepted the political utility of violence"
  • Views of key Muslim Brotherhood ideologue, Sayyid Qutb, have “consistently been understood” as permitting “the use of extreme violence in the pursuit of the perfect Islamic society” and “never been institutionally disowned” by the movement.
  • Muslim Brotherhood at all levels has repeatedly defended Hamas attacks against Israel, including the use of suicide bombers and the killing of civilians.
  • Laying out the report in the House of Commons, David Cameron told MPs: "The main findings of the review support the conclusion that membership of, association with, or influence by the Muslim Brotherhood should be considered as a possible indicator of extremism."
Kanye%20West
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Our legal columnist

Name: Yousef Al Bahar

Advocate at Al Bahar & Associate Advocates and Legal Consultants, established in 1994

Education: Mr Al Bahar was born in 1979 and graduated in 2008 from the Judicial Institute. He took after his father, who was one of the first Emirati lawyers