Philippe Gout is a Phd candidate in international law at the Institute of Higher International Studies (Paris 2 Panthéon Assas). He was granted a scholarship from the CEDEJ.
His article deals with the rigidity of the international statute on indigenous peoples and of the absence of a pragmatic approach which would enable its application in specific situations.
The article specifically addresses the situation of Nuba populations from South Kordofan. The heterogeneity of Nuba groups, as well as the interests pursued by the different Nuba actors, show the artificiality of the claims in favor of a unified legal statute. Actors instantiate their claims for this protective status through an ongoing, unfinished process of objectiying their unified identity.
Besides, recent innovations of the African Commission on Human and Peoples’ rights do not help the clarification of a unified statute for Nuba people. Last but not least, the structural dualism of Sudanese constitutional law definitely excludes the eventuality that such unified statute applies in the Sudanese legal order.
The Sudanese team of the Andromaque project held a second Workshop in Khartoum in the reading room of the CEDEJ, on Sunday 2 March, from 9:00 am to 13:00 pm.
The Andromaque Sudan Team gathered European and Sudanese researchers, whose main background is social anthropology, and has recently integrated 2 researchers with a law background. The members present at the workshop of the research team were: Barbara Casciarri (anthropologist, University Paris 8 Saint Denis, France, team’s scientific coordinator); Munzoul Assal and Musa Adam Abdul-Jalil (Department of Anthropology, UoK); Mohamed Abdessalam Babiker (Department of Law, UoK); Philippe Gout (PhD in Law, University Paris II Panthéon Assas, France) and Mai Azzam ( PhD student in anthropology, Khartoum, Sudan). Alice Franck, the coordinator of the CEDEJ in Khartoum was also present during the workshop.
For further information about the Andromaque project you can refer to the post about the first workshop of Andromaque.
Philippe Gout is a Ph.D student in international law at the Institute of Higher International Studies (Paris 2 Panthéon-Assas University). His research relates to The Protection of Minorities in Peacebuilding Process and mainly addresses ethnic groups. Relying on a regional approach, Philippe essentially focuses on the African context and on the legal innovations of the African Commission on Human and Peoples’ Rights.
His research brings closer two different issues: Peacebuilding – which is often equated to the new legal and controversial concept of jus post bellum – and the law of minorities. So as to associate these two issues into one comprehensive study, the research combines two objectivist approaches to international law: the sociological approach (G. Scelle) and the more recent democratic approach to international law (built upon J. Habermas’ thought).
Starting with Sudan as his main field research, Philippe intends to widen the scope of his study to Sudan’s surrounding States in order to challenge the classic legal dichotomy between international and internal armed conflicts. In so doing, the research aims at testing the consistency of the new legal concept of jus post bellum and at determining the nature and scope of the legal responsibility and accountability of peacebuilding stakeholders: from local tribal units to international organizations’ agencies.
The research otherwise aims at determining the extent to which international and regional legal systems rely on traditional laws of ethnic – and religious – groups in an attempt to uphold the peacebuilding process. It notably tries to determine whether ethnic units can be granted collective status and rights additional to standard individual minority rights. It finally calls into question the international legal personality of ethnic minorities in the African regional legal context (either as legal or natural person).
After two experiences within the Special Tribunal for Lebanon (Office of the Prosecutor) and the Extraordinary Chambers in the Courts of Cambodia (Trial Chamber), Philippe was granted a scholarship by CEDEJ and is now carrying Ph.D research in Sudan. He is also a contributor to the Andromaque-Sudan Project (ANR – CJB) related to The Anthropology of Law in African and Asian Muslim Worlds: The Sudan.