UPDATED ON:
Monday, July 14, 2008
22:07 Mecca time, 19:07 GMT
 
News Africa
Sudan leader accused of war crimes

Protesters in Sudan dismissed the ICC
move as "a joke" [AFP]

The prosecutor for the International Criminal Court (ICC) has called for the arrest of Omar al-Bashir, Sudan's president, for alleged war crimes in Darfur.

Luis Moreno-Ocampo said in a statement on Monday that al-Bashir had "masterminded and implemented" a campaign to wipe out three ethnic groups in Sudan.

Moreno-Ocampo's call for an arrest warrant to be issued against al-Bashir is the first instance where the arrest of a serving head of a state has been requested at the ICC.

The prosecutor "has concluded there are reasonable grounds to believe that [al-Bashir] bears criminal responsibility in relation to 10 counts of genocide, crimes against humanity and war crimes," the statement said.

But Ali Othman Mohamed Taha, Sudan's first vice-president, dismissed the move against al-Bashir by the ICC prosecutor.

"Everybody know that Sudan has not ratified membership of the ICC ... it is not a member of the ICC and [the court] has no jurisdiction over Sudan," Taha said on Monday.

"As long as the ICC is voluntary and independent of the UN ... we feel that the ICC prosecutor does not have the authority of a compulsory mandate over Sudan." 

Taha said that Moreno-Ocampo's attempt to have al-Bashir arrested was politically motivated.

Judges to rule

The ICC, based in The Hague, is an independent permanent court that tries persons accused of the most serious crimes of international concern.

ICC judges will now examine the prosecutor's request and determine whether there are reasonable grounds to suggest that a crime within the court's jurisdiction had been committed.

The judges will then decide if they should issue an arrest warrant, a process that could take several months.

There are concerns that arresting al-Bashir could inflame tensions in Sudan [AFP] 
Moreno-Ocampo's accusation against al-Bashir comes amid concerns that tensions in Darfur could reach boiling point and lead to the expulsion of aid workers and peacekeepers in Sudan's western region.

Ban Ki-moon, the United Nations secretary-general, has said that he is "very worried" by what could happen in Darfur should al-Bashir be formally indicted.

"It would have very serious consequences for peacekeeping operations including the political process," he said in a interview published in Le Figaro newspaper on Monday.

"I'm very worried, but nobody can evade justice," he said.

Stephen Cole, Al Jazeera's correspondent in The Hague, said that Ban contacted al-Bashir after Moreno-Ocampo began his attempt to have the Sudanese leader arrested.

"What I do know is that the UN secretary-general Ban Ki-moon rang al-Bashir to say that he has no power over Moreno-Ocampo. Perhaps Ban is washing his hands or distancing himself from the allegations," Cole said on Monday.

"But although this court has prosecutors and judges, it does not have a police force. It has to rely on the good will of the country [where the accused is resident] to bring the accused to The Hague."

The United States has also urged for all parties to "maintain calm" in light of the ICC prosecutor's request.

Khartoum does not recognise the ICC and has already refused to surrender two other war crimes suspects.

"If there is a decision about President [al-Bashir], it may destroy the peace process," Al-Samani al-Wasila, state minister for foreign affairs, said last week.

Partial pullout

The joint UN-African Union peacekeeping mission in Darfur on Monday ordered the evacuation of all non-essential staff amid fears that they may be targeted.

However, troops in the joint force will remain in the region, the UN-AU mission said.

Mohammed Adow, Al Jazeera's correspondent in Khartoum, said that news of Moreno-Ocampo's move against al-Bashir is "not going down well with the government or among civilians" in the Sudanese capital.

"Yesterday the ruling National Congress party said if that Moreno-Ocampo was to ask the ICC to move against al-Bashir, tensions would increase in Darfur. People there have suffered all sorts of atrocities against them for five years. There are concerns now that the peace process in Darfur could be affected," he said.

Arab and African leaders have also expressed concern over any attempt to apprehend al-Bashir for any alleged involvement in war crimes.

Fighters opposed to al-Bashir have welcomed the move against him [AFP]
Jakaya Kikwete, the Tanzanian president and chairman of the African Union, on Monday warned of serious unrest in Sudan if the International Criminal Court indicts al-Bashir.

"If [al-Bashir] is indicted and taken, there will be a power vacuum in the Sudan and that risks military coups and widespread anarchy reminiscent of what is happening in Iraq," Bernard Membe, Tanzania's foreign minister, said on behalf of Kikwete.

The Arab League said it will hold a crisis meeting on Sudan and the Organisation of the Islamic Conference has warned of "grave ramifications" should al-Bashir be formally indicted.

China's UN ambassador said that plans to issue a warrant for al-Bashir would put peace prospects "in jeopardy".

There are fears that arresting al-Bashir could strengthen the hand of fighters based in Darfur who attacked the capital in May. They have welcomed news of the ICC move to indict al-Bashir.

A faction of the Sudan Liberation Army (SLA) said on Monday it was a "victory for humanity in Darfur" and the "beginning of liberty in Sudan".

SLA fighters are prepared "to carry out any tasks to arrest and extradite war criminals to the international court," Mahgoub Hussein, an SLA spokesman, said in a statement.

And a commander with the Justice and Equality Movement (Jem), said the movement was pleased to hear the news.

"We have been waiting for this moment for a long time, so today we are celebrating, we are very happy," he told the AFP news agency.

The UN says up to 300,000 people have died since the Darfur conflict broke out in February 2003. The Sudanese government puts the death toll at 10,000.

 Source: Al Jazeera and agencies
Feedback Number of comments : 10
 
Chris Ericsson
Sweden
14/07/2008
ICC is a joke
Can only agree with what Russia said last week "ICC is biased and its activities should be phased out as soon as possible."

MUJAHID
United States
14/07/2008
ICC indictment of Sudanese President
Bashir's indictment is long overdo, as is condemnation of the entire Sudanese government. There's no peace process to derail as Sudan's government has been in denial that there is even a war going on!

Bilal Hakeem
Ghana
14/07/2008
Indict of Sudan President
Bashir only seeks support from arab regimes because of their complicity of silence in the slaughter of Black Africans many of whom were also Muslim. He has a sympathetic ear among reactionary Pan-Arab leaders.

pjf
United States
14/07/2008
Sudan
It is imperative SOON the the UN, ICC, The African Union and the rest of the world should simply by Military Action as well as Resolution take over the Soverignty Of Sudan and rule it until the genocide stops. Human Rights in this instance is priority over national soverginty.

Brandon
United States
14/07/2008
Why all the Fuss
So can anyone please explain why the Arab League and OIC is against removing a modern-day Hitler?

Kara Mustapha
Afghanistan
14/07/2008
Sudan eader accused of war crimes
Did I hear war criminal? Well, the Hague need not look far. In its own backyard it wil find plenty of war criminals. Let me think...Tony blair, oh, yes, of course, George Bush. Let us not forget the latter's Micky Mouse genocide in Iraq and Afganistan following his Micky Mouse coup in 2000.

Lisa
United States
14/07/2008
Better analysis
I think this article is a much better analysis than the current one and I invite everyone to read it and digest the information: http://codrinarsene.com/2008/07/sudanese-president-indicted-with-genocide/

Pharon
Egypt
14/07/2008
ICC
It is not only President Omar al-Bashir should be presented to the ICC, more than half of the African leaders should come to ICC.

mohammed
United Kingdom
15/07/2008
al Bashir war crimes indictmement
al Bashir came to power by military coup.Since before then his main backer (Russis) has been sitting at the u.n. on the security council.So much for Russia and al Bashir.The i.c.c. is a waste of time as Sudan doesn't recognise the court.In any case the court has no teeth to do anything.

Muhammad
Afghanistan
15/07/2008
ICC
Why the hell can't they do against Isreali leaders and American counterparts for their atrocities all over the world and esp. in Muslim countries?

 
ARTICLE TOOLS
 Email Article  Email article
 Print Article  Print article
 Send Feedback  Send feedback
 Share article  Share article