Bashir arrest warrant issued

Mar 04, 2009

THE HAGUE<br><br>The International Criminal Court yesterday sought the arrest of Sudan’s President Omar el-Bashir for war crimes and crimes against humanity in Darfur.

THE HAGUE

The International Criminal Court yesterday sought the arrest of Sudan’s President Omar el-Bashir for war crimes and crimes against humanity in Darfur.

The government in Khartoum immediately dismissed the move as thousands of Sudanese took to the streets to vent their anger while allies of Bashir, including the African Union and Russia, said it could undermine peace.

However, the warrant was hailed by Darfur’s main rebel leader and international rights groups, who said it was an important signal to other leaders.

ICC spokeswoman Laurence Blairon told a press conference: “He (Bashir) is suspected of being criminally responsible for intentionally directing attacks against an important part of the civilian population of Darfur.”

“This is the first warrant of arrest ever issued for a sitting head of state by the ICC.”

The 65-year-old Bashir will face five counts of crimes against humanity and two of war crimes. While Bashir would not face charges of genocide as requested by the court’s chief prosecutor, they could be added to the warrant at a later stage if more evidence emerged, Blairon added.

She said Bashir bore responsibility for “exterminating, raping and forcibly transferring large numbers of civilians” from the western Sudanese region where a six-year-long conflict has cost thousands of lives.

Blairon said Bashir and other high level Sudanese political and military leaders had orchestrated and coordinated the attacks.

Although there was no immediate response from Bashir, his justice minister said Khartoum would not cooperate with the court.

“We will not deal with this court,” Abdel Basit Sabdarat told Al-Jazeera. “It has no jurisdiction, it is a political decision.”

On Tuesday, Bashir said any warrant would “not be worth the ink” it was written with.

However, chief prosecutor Luis Moreno-Ocampo said Sudan was legally obliged to execute the arrest warrant while Blairon said the country could be referred to the UN Security Council if it failed to comply.

“The government of the Sudan is obliged under international law to execute the warrant of arrest on its territory,” Moreno-Ocampo, who first asked the court to issue an arrest warrant for Bashir last year, told reporters.

The African Union, which has long argued against any warrant, said it could strike a fatal blow to faltering efforts to bring peace to Darfur.

“The AU’s position is that we support the fight against impunity, we cannot let crime perpetrators go unpunished,” AU commission chairman Jean Ping told AFP.

“But we say that peace and justice should not collide, that the need for justice should not override the need for peace.”

The ICC cannot enforce its own warrants, but suspects can be arrested on the territory of states that signed to the court’s founding Rome Statute.

The UN says up to 300,000 people have died since the conflict broke out in Darfur in 2003, when ethnic minority rebels took up arms against the Arab-dominated regime for a greater share of resources and power.

A ceasefire has been agreed between the government and opposition groups but deadly clashes go on in the region.

Moreno-Ocampo accuses Bashir of personally instructing his forces to annihilate three ethnic groups -- the Fur, the Masalit and the Zaghawa.

The prosecutor says 2.7 million people have been uprooted from their homes, of whom 100,000 died of causes related to their displacement, such as starvation.

The Ugandan government yesterday said the warrant was premature.

Foreign minister Sam Kutesa said in London: “We believe the arrest warrant can be suspended in order to balance getting rid of impunity and getting peace in Darfur.”

He said Uganda supported the position of the African Union, which warned that the warrant could threaten the ailing Sudan peace process.

Information and national guidance minister Kabakumba Masiko said: “African leaders should have been allowed opportunity to sort the complaint out. The indictment is wrongly timed.”

The ICC field coordinator for Uganda, Maria Kamara, said the warrant takes immediate effect.

Sudanese authorities are required to arrest Bashir under Security Council Resolution 1593, she said.

“The warrant requires the suspect to be taken into custody and handed over. Even as Head of State he has no immunity.”

Amnesty International hailed the warrant, saying Bashir must surrender himself to face trial.

“This announcement is an important signal that suspected human rights violators will face trial, no matter how powerful they are,” said an official, Irene Khan.

Milton Olupot & Agencies

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