Lutz Oette - Criminal Law Reform and Transitional Justice: Human Rights Perspectives for Sudan

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CRIMINAL LAW REFORM AND TRANSITIONAL JUSTICE

INTERNATIONAL AND COMPARATIVE CRIMINAL JUSTICE

Series Editors:

Mark Findlay, Institute of Criminology, University of Sydney, Australia Ralph Henham, Nottingham Law School, Nottingham Trent University, UK

This series explores the new and rapidly developing field of international and comparative criminal justice and engages with its most important emerging themes and debates. It focuses on three interrelated aspects of scholarship which go to the root of understanding the nature and significance of international criminal justice in the broader context of globalization and global governance. These include: the theoretical and methodological problems posed by the development of international and comparative criminal justice; comparative contextual analysis; the reciprocal relationship between comparative and international criminal justice and contributions which endeavor to build understandings of global justice on foundations of comparative contextual analysis.

Other titles in the series:

Codification, Macaulay and the Indian Penal Code
The Legacies and Modern Challenges of Criminal Law Reform
Edited by Wing-Cheong Chan, Barry Wright and Stanley Yeo
ISBN 978 1 4094 2442 0

Exploring the Boundaries of International Criminal Justice
Edited by Ralph Henham and Mark Findlay
ISBN 978 0 7546 4979 3

The International Criminal Court and National Courts
A Contentious Relationship
Nidal Nabil Jurdi
ISBN 978 1 4094 0916 8

The Limits of Criminal Law
A Comparative Analysis of Approaches to Legal Theorizing
Carl Constantin Lauterwein
ISBN 978 0 7546 7946 2

Criminal Law Reform and Transitional Justice

Human Rights Perspectives for Sudan

Edited by

LUTZ OETTE

School of Law, SOAS, University of London, UK; REDRESS, London, UK

First published 2011 by Ashgate Publishing

Published 2016 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright 2011 Lutz Oette and contributors.

Lutz Oette has asserted his right under the Copyright, Designs and Patents Act, 1988, to be identified as the editor of this work.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data

Criminal law reform and transitional justice : human rights perspectives for Sudan.
(International and comparative criminal justice)

1. Criminal law Sudan. 2. Law reform Sudan. 3. Human rights Sudan.

I. Series II. Oette, Lutz.

345.624dc22

Library of Congress Cataloging-in-Publication Data

Criminal law reform and transitional justice : human rights perspectives for sudan / edited
by Lutz Oette.

p. cm. (International and comparative criminal justice)

Includes bibliographical references and index.

ISBN 978-1-4094-3100-8 (hardback : alk. paper) ISBN 978-1-4094-3101-5 (ebook)
1. Criminal justice, Administration ofSudan. 2. Law reform Sudan. 3. Transitional
justice. 4. Human rights. I. Oette, Lutz.

KTQ3409.C75 2011

345.62405dc22

2011017230

ISBN 978-1-409-43100-8 (hbk)

ISBN 978-1-315-57481-3 (ebk)

This book is dedicated to the memory of Abdelsalam Hassan Abdelsalam, 19532010, who embodied the struggle for law reform in Sudan, and whose courage, wit and passion for human rights and justice are greatly missed

Contents

Lutz Oette

Lutz Oette

Abdelsalam Hassan Abdelsalam and Amin M. Medani

Amin M. Medani

Jamil Ddamulira Mujuzi

Nabil Adib

P.J. Schwikkard

Mohamed Abdelsalam Babiker

Ibrahim Aljazy

Deirdre Clancy

Asma Abdel Halim

Sohail Akbar Warraich

Rashida Manjoo, Gift Kweka and Suzzie Onyeka Ofuani

Lutz Oette

Abbreviations

ACHPR	African Commission on Human and Peoples Rights
ACHR	American Convention on Human Rights
AfrCHPR	African Charter on Human and Peoples Rights
AIDS	Acquired Immune Deficiency Syndrome
AU	African Union
AUPD	African Union High-Level Panel on Darfur
CAR	Central African Republic
CAT	Committee against Torture
CEDAW	Committee on the Elimination of all Forms of Discrimination against Women
CNDP	Congrs National Pour la Dfence du Peuple
CPA	Comprehensive Peace Agreement
CrPC	Criminal Procedure Code
DEVAW	Declaration on the Elimination of Violence against Women
DRC	Democratic Republic of Congo
ECHR	European Convention on Human Rights
ECtHR	European Court of Human Rights
EU	European Union
FC	Female Circumcision
FSC	Federal Shariat Court
GOS	Government of Sudan
GOSS	Government of Southern Sudan
HIV	Human Immunodeficiency Virus
HRC	Human Rights Committee
ICC	International Criminal Court
ICCPR	International Covenant on Civil and Political Rights
ICD	Independent Complaints Directorate
ICGLR	International Conference on the Great Lakes Region
ICTR	International Criminal Tribunal for Rwanda
ICTY	International Criminal Tribunal for the former Yugoslavia
IHL	International Humanitarian Law
INC	Interim National Constitution
Inter-Am. CtHR	Inter-American Court of Human Rights
JEM

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