Prof. Shalluf: For This Reason I Am Under Fire, and Sacked From My Duties   
Sunday 18 March 2007   I feel liberated from ICC constraints, shall file an 
objection, 
By: (sudanvisiondaily)
  
Following his relief by ICC as the Counsel of Defense in Darfur Case, Professor 
Hadi Shalluf expressed his comfort as a result saying that he now feels 
liberated from the constraints of that court adding that he is now in a 
position to defend Sudan if assigned to do so. Professor Shalluf said he would 
however file an objection against that ICC decision. 
  
Shalluf who currently occupies the position of the Paris based European Arab 
Association of Advocates voiced his full preparedness to form an international 
legal team to advocate Sudan's case. "I have the desire to continue advocating 
for Sudan's case if the latter asks for that and I will visit Khartoum soon to 
meet with officials," Shalluf told Sudan Vision in a telephone conversation 
with the paper's Editor-in-Chief.
  
Professor Shalluf attributed the ICC decision of sacking him from his duties to 
the conflict within ICC which he said it wanted to influence him but he refused 
that. "As a result, they raised charges against me," he stated 
  
Highlighting the general features of his memo to the court, Shalluf said he 
based his legal defense on Sudan's non-approval of the Rome Convention and so 
citizens of Sudan should not appear before ICC. Additionally UNSC is not 
empowered to refer the Darfur case to ICC since three of its permanent members 
have not approved the Rome Convention. 
  
According to Shalluf, memo article (12) of the Rome Convention supports Sudan's 
case as the Sudanese Judiciary is independent and can take the required legal 
measures in this connection and that ICC integrates the judicial system of the 
country concerned. 
Professor Shalluf added that ICC was expecting him to respond to the comments 
of UN Human Rights Commissioner and the Chairman of the Commission 
investigating the crimes in Darfur but according to him article (103) of 
procedures gives him the right of response or non-response. 
  
"In principle, I believe that there must be equality before justice and that is 
why I stated in my memo that if we consider Sudan's case we should also 
consider the cases in Lebanon, Iraq and Somalia," said Professor Shalluf in his 
memo. Ever since then the court has considered his replies an advocating of 
Sudan as motivated by his being a French of an Arab origin. He further pointed 
out that ICC suspended his fees permanently since October 2006 as a result of 
his challenging the jurisdictions of ICC as the Court concerned with the Darfur 
case. He said that since 2005, the Court has become aware that his memos are 
opposed to its general trend and that of the Attorney General.
  
Shalluf revealed that he submitted a request to the Court to allow him to join 
the Chief Persecutor in his visit to Sudan but the Court issued a decision in 
2007 turning down his request, adding the Court even refused his appeal against 
that decision. He went to say that there are ethnic and religious conflicts 
within the Court that led to its decision dated 15 March 2007 sacking him of 
his duties. 
  
Shalluf reaffirmed his conviction of the correctness of his memo which he said 
he has premised on legal bases and which according to him won the admiration of 
a considerable number of legal professionals in a number of countries. He said 
he also presented several lectures in Germany on referral of cases to ICC.
   
  http://www.smc.sd/en/artopic.asp?artID=25766&aCK=EA

 
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