Constitution and political system
Sudan is, after the constitution of 1998, an Islamic
unity republic. In 2005, a new provisional constitution came
into force, while a separate constitution was introduced for
South Sudan following the signing of the peace agreement.
Subsequently, South Sudan's leader became vice president of
Sudan, and a national unity government and a temporary
national assembly was established with a percentage
distribution of the 450 mandates. Also see AbbreviationFinder for abbreviation of SU and its meanings of Sudan. According to the peace
agreement, a 2011 referendum was held in South Sudan, which
thereby chose to establish itself as an independent state.
Until 1983, the country had a divided civil and Islamic
legal system. Then a time a pure Islamic system (sharia
- right) introduced. For a time the legal conditions
were unclear. Following the 2005 peace agreement, the Sharia
system is maintained in the north, but no longer in force in
the south. A Constitutional Court and Supreme Court have its
seat in Khartoum.
In May 2007, Sudan and Chad signed a peace agreement in
Saudi Arabia to suspend talks between the two countries'
1,000-km border, which forms the western part of Darfur. The
conflict had formally started when, in December 2005, Chad
declared itself in a state of war with Sudan because the
Darfur conflict was spreading across its border.
In July 2007, the UN Security Council passed a resolution
authorizing a force of 26,000 UN and African Union
peacekeeping forces to enter Darfur. The Sudanese government
declared that it intended to cooperate with the peace
mission and, moreover, continued to seek a negotiated
solution as a political solution to the conflict.
In July 2008, Chief Prosecutor accused the International
Criminal Court, Luis Moreno Ocampo, al-Bashir for genocide,
crimes against humanity and war crimes in Darfur. In March
2009, the court issued an arrest warrant against al-Bashir
for war crimes and crimes against humanity, but declared
that there was insufficient evidence to indict him for
genocide. Al-Bashir is the first sitting head of state to
have been charged by the ICC. However, the court's move was
contentious. The African Union, the League of Arab States,
the Alliance-Free Countries as well as Russia and China all
objected to the arrest warrant. One expert urged the court
to revoke the arrest warrant. Sudan responded immediately by
deporting a number of Western aid organizations. The
president has since visited a large number of African and
Arab countries - without being arrested.
The court's arrest warrant was particularly interesting
because Sudan has not ratified the Rome agreement, which is
the basis of the ICC. The arrest warrant has set a precedent
for possible arrest warrants against state leaders from e.g.
The United States, Israel, or the United Kingdom, who may
also be tried for war crimes and crimes against humanity.
Al-Bashir was a candidate in the April 2010 presidential
election, the first election in several decades in which
more candidates could stand. He won the election with 68% of
Bashir visited Kenya in August 2010 ifbm. the ceremony
for the signing of the country's new constitution. The visit
was controversial when the ICC demanded him be arrested, but
the Kenyan authorities who did not recognize the ICC arrest
warrant failed to intervene. However, in November 2011,
Kenya's supreme court issued an order requiring the
country's security minister to arrest Bashir "if he ever
sets foot on Kenyan soil again".
The South Sudan referendum in January 2011 on
independence provided 98.3% support for independence. On
July 9, South Sudan became an independent state.