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The war situation in the Sudan has, however, promoted the exercise of unchecked power, of the executive authority by security services and in the political manipulation of the court system. Since 2005, all national laws and legal acts must, on the other hand, comply with the Interim National Constitution of the Sudan. To cope with this prospect, the process of law reform is quite challenging: Not only does Sudanese law lack a provision allowing for prosecution on the basis of command responsibility, Sudan has enacted many immunity provisions that impede the prosecution of those in the military, police, and security agencies who are responsible for crimes particular with regard to Darfur (Elliesie 2010, Elliesie 2007: 199 et seqq.). Immunity for members of national security forces was enshrined in the qānūn al-amn al-_wataniyy (National Security Forces Act\ _ of 1999).
qānūn quwwāt ash-shurta as-sūdāniyya _(Police Forces Act of 1999) {}stipulates that "no criminal procedure will be taken against any police officer for a crime committed while executing his official duty or as a consequence of those official duties without permission of the Minister of the Interior"._ Furthermore, Criminal Decree No. 3/95 sets forth requirements for bringing charges against members of the armed forces in criminal courts and specifies that criminal courts have no authority to pursue charges without approval by the armed forces or a decree from the Chief Justice. In addition, a temporary decree issued by the President on 4 August 2005, attempted to extend immunity of the armed forces by amending the __ _qānūn al-quwwāt al-musallaha Wiki-Markup {_}Article 33 of that act states, that "no civil or criminal proceedings shall be instituted against a member, or collaborator, for any act connected with the official work of the member, save upon approval of the Director \[...\]". Similar language can be found in other acts and decrees regulating government actors as well. Article 46 of the{_}
Jannjāwīd in protection from prosecution without government consent (Elliesie 2009: 59).Wiki-Markup (People's Armed Forces Act) stating that "there shall not be taken any procedure against any officer, ranker \[sic\!\] or soldier who committed an act that may constitute a crime done during or for the reason of the execution of his duties or any lawful order made to him in this capacity and he shall not be tried except by the permission of the General Commander or whoever authorized by him." This decree extended protection for the armed forces by including the PDF-militia and
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