Sudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns. This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice. For the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives. The book provides valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. It also considers what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process.
'This is one of the best books on an African criminal justice system. Critical, concise and human rights-oriented, it should serve as a beacon not only for those interested in Sudan but also for anyone with an interest in African criminal law reform and transitional justice.' Ilias Bantekas, Brunel Law School, UK 'This volume is a compelling collection of contributions by experienced academics, advocates and experts in law reform that together provide a wealth of information and analysis on criminal law reform and the protection of human rights, particularly during times of transition, and encompassing also international and regional agreements and mechanisms of accountability. The examination of a range of challenges to law reform in Sudan is enriched by reflections on processes in other African states and also in Pakistan and in Jordan. The volume stands both to make a substantial contribution to the literature and to be of enormous value to practitioners and policy-makers.' Lynn Welchman, University of London, UK
Contents: Preface; Introduction, Lutz Oette; Part I Perspectives on Law Reform, Transitional Justice and Human Rights: Law reform in times of peace processes and transitional justice: the Sudanese dimension, Lutz Oette; Criminal law reform and human rights in African and Muslim countries with particular reference to Sudan, Abdelsalam Hassan Abdelsalam and Amin M. Medani. Part II Reforming Sudan's Criminal Laws: Challenges and Comparative Experiences: 1 Repressive Criminal Legislation: A legacy of institutionalized repression: criminal law and justice in Sudan, Amin M. Medani; Challenging the ugly face of criminal laws in East Africa: repressive legislation and human rights in Uganda, Kenya and Tanzania, Jamil Ddamulira Mujuzi. 2 Arrest, Detention and Fair Trial: At the state's mercy: arrest, detention and trials under Sudanese law, Nabil Adib; Some reflections on law reform pertaining to arrested, detained and accused persons in South Africa, P.J. Schwikkard. 3 Accountability for International Crimes: The prosecution of international crimes under Sudan's criminal and military laws: developments, gaps and limitations, Mohamed Abdelsalam Babiker; The implementation of international criminal law in Arab states: the Jordanian experience, Ibrahim Aljazy; Lessons from a state of flux: the international justice laboratory of the Great Lakes Pact, Deirdre Clancy. 4 Criminal Law and Gender-Based Violence: Gendered justice: women and the application of penal laws in the Sudan, Asma Abdel Halim; Through the looking glass: the emergence, confused application and demise of Pakistan's Hudood rape laws, Sohail Akbar Warraich; Sexual violence and the law: comparative legislative experiences in selected Southern African countries, Rashida Manjoo, Gift Kwekea and Suzzie Onyeka Ofuani; Future perspectives: debating criminal law reform and human rights in Sudan, Lutz Oette; Index.