Daily Independent (Lagos)
Daniel Kanu, Austin Oboh and Michael Jegede
10 March 2009
analysis
When Manuel Noriega of Panama, was captured by a contingent of U.S. soldiers in 1989, the world was literally shaken from the heat it generated.
Noriega, was then sitting President of Panama, one of the Latin American countries, known more for its drug-related image than many other things. In fact, his abduction and subsequent trial in America, was on account of this. But what seemed to make the most news was not the drug angle, but the fact that a sitting leader of a sovereign country, could be uprooted from his country and taken away in that fashion. However America, has since shown it is possible. Noriega, was eventually jailed and the world moved on. In fact, the U.S. has not only shown the Noriega possibility, but upped the ante almost a decade after by the invasion of Iraq, where it not only seized another sitting President, Saddam Hussein, but, tried and executed him. The effect and debate of the propriety of these two events, even though not totally isolated in world history, have continued to engage commentators in the international arena.
But, what appears capable of causing a shift of attention from them, is the current development in one of Africa's hotbeds of crisis - Sudan.
Last Wednesday, the International Criminal Court (ICC), issued a warrant for the arrest of its President, Omar Al-Bashir. And the reason, was not markedly less controversial, even though it appears so in some other respects. While Noriega met his fate for his involvement in drugs and Saddam for terrorism, the Sudanese leader is now a wanted man for war crimes against humanity, no thanks to his role in the on-going conflict in Darfur, a black-populated part of his country. Unlike Panama and Iraq, which were considered a sole effort, this is the first ever of such treatment to against a sitting Head of State, by a world body.
Of course, as expected, it has continued to generate a chain reaction. Al-Beshir's government immediately dismissed the move as thousands of Sudanese took to the streets to vent their anger. His allies, including the China and Russia, have raised objections, while the African Union (AU), has taken a measured position, with what appears a feeble protest.
However, Darfur's rebels are in celebration, finding tacit support from the U.S. and European Union (EU).
The development is a major highpoint in a conflict that has since 2003, led to the death of 300,000 people and reported rape of thousands and displacement of millions.
Spokeswoman for the court in Hague Laurence Blairon announced the decision, reached by the Pre-Trial Chamber of the ICC, during a press conference held at the Court's seat.
"Today (Wednesday), pre-trial chamber one of the International Criminal Court... issued a warrant for the president of Sudan for war crimes and crimes against humanity. He is suspected of being criminally responsible... for intentionally directing attacks against an important part of the civilian population of Darfur," she said.
Blairon said that the court would transmit as soon as possible to the government of Sudan a request for Al-Bashir arrest and surrender.
The Sudanese President, according to her, would face five counts of crimes against humanity and two of war crimes. While Al-Bashir would not face charges of genocide as requested by the ICC's chief prosecutor, they could be added to the warrant at a later stage if more evidence emerged.
She said Al-Bashir and other high-level Sudanese political and military leaders had orchestrated and coordinated the attacks.
Her words: "The violence in Darfur was the result of a common plan organised at the highest level of the Sudanese government, but there was no evidence of genocide."
The ICC Prosecutor Luis Moreno-Ocampo, had made the application for the warrant on 14 July 2008, following an investigation into the situation in Darfur, opened by on June 1 2005.
Yes At The Hague, No In Sudan
Sudan's Constitution currently affords its Head of State immunity from criminal prosecution while in office. However, no international instrument has ever recognised any immunity for crimes against humanity or war crimes. Thus, Al-Bashir has been urged to surrender himself immediately to face trial.
Khartoun Reacts
The Sudanese leader has not only denied the charges, has dismissed the consequence of the arrest warrant, which he had described as having "no value." In fact, he was seen dancing on a podium during a rally in the country's capital, Khartoum, shortly after the ICC pronouncement.
His government, has said it would not cooperate with the court. "We will not deal with this court," Justice Minister, Abdel Basit Sabdarat told Al-Jazeera television, adding, "It has no jurisdiction, it is a political decision."
Daily Independent gathered that despite the outward show of indifference, Sudanese, still awaited the outcome of the ICC decision with bated breath, which threw a pall of tension over the country.
In defiance, they had vowed thereafter during protests to protect their President with every drop of their blood.
Already, the country appears to have begun its own offensive, expelling about 10 foreign aid agencies after the warrant was issued, even as fears of reprisals by Al-Beshir's supporters, has caused the beefing up security around some strategic embassies of perceived enemy countries.
A Measure Of Pressure
The Sudanese situation could be seen as a major victory for international human rights bodies, which see the Darfur crisis as a major smear on world conscience. In fact, these bodies are presently in celebration mood, even though they feel victory is not complete yet. Irene Khan, Amnesty International's Secretary General said there is no going back on the ICC verdict.
"The law is clear. President Al-Bashir must appear before the ICC to defend himself. If he refuses to do so, the Sudanese authorities must ensure that he is arrested and surrendered immediately to the ICC," he said.
He argued that should Al-Bashir leave Sudan, the government of any country in which he finds himself had an obligation to deny him safe haven by arresting him immediately as a fugitive from justice and surrendering him to the ICC.
"No one is above the law. If you are charged with a crime, you must stand up and face those charges in a court of law. President Al-Bashir will have the opportunity to do this before the International Criminal Court," Khan had argued.
Indeed, the body is also said to be campaigning for a similar treatment for other Sudanese officials, such as
Ahmad Harun, a minister in the Sudanese government and Janjawid as well as militia leader Ali Kushayb.
Both are suspected of war crimes and crimes against humanity committed in Darfur. The ICC issued arrest warrants against them in April 2007.
Road To The Slaughter Slab
With the human calamity the six-year old war is said to have caused, notwithstanding that Khartoun says only 10,000 have died, even the UN, seems to have been boxed to a corner. Its Security Council, which could suspend ICC proceedings, has indicated no plans of doing so or even meeting.
Libyan Ambassador, Ibrahim Dabbashi, the Councils rotating President for the month of March, told reporters that no immediate meeting of the council would take place for now. "We will not call an immediate meeting of the council," he said, even though he acknowledged the division with the Council on the issue. Indeed, the most possible option for now is the likelihood of getting support of the UN to invoke Article 16 of the ICC statue, which allows the council to defer ICC proceedings for up to one year at a time.
Dabbashi, said no formal negotiations were under way on a resolution to halt the case but that the Libyans were meeting individually with the 14 other Council members to persuade them on the need for it.
African and Arab states are to visit the UN later this month to ask the Security Council to stay action, he said.
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I totally support the decision of the ICC and thoughts of other right thinking africans who have made comments abt the subject matter. No african leader or head of government should be spared to face criminal charges. The situation in sudan is worrisome and more so because we have a despot bent on killing black Sudanese because they choose religion other than islam. This is tantamount to arab imperialism and must stop. The Arab North is using the oil resources in the south to develope the former at the detriment of the people of the south.They hired and payed islamic… [Read Full Text]