ICC Issues Warrant for Omar Hassan al-Bashir
Sudanese President Sought for War Crimes and Crimes against Humanity
Mar 8, 2009
This is the first time that the ICC, whose headquarters is located in the Netherlands, has issued a warrant for a sitting head of state. The warrant comes as a response to five years of violence in Darfur, the western region of Sudan that covers an area roughly the size of France.
History of the Conflict
The violence in Darfur, which broke out in early 2003, is the result of an uprising against the Sudanese government. Darfur has been a breeding ground for conflict between nomadic Arabs and the farmers from the Fur, Massaleet, and Zaghawa tribes. The groups have struggled over land as well as the right to graze animals in certain areas. Ultimately, burgeoning rebel groups (which accused the government of favoring the Arab peoples over the black farmers) grew in strength and the rebels began attacking governmental targets.
The government responded with air raids on many of the villages in Darfur, causing catastrophic damage as well as high numbers of civilian casualties. In addition to the air raids, the government is also largely believed to have willingly armed Arab militias – the most notorious of which is the “Janjaweed” – that have gone from village to village pillaging and committing atrocities against the residents that remain.
Charges against al-Bashir
Al-Bashir is considered by the ICC to be complicit in the aforementioned events in Darfur which, according to the United Nations, have left at least 300,000 dead and another 2.5 million displaced. To address these atrocities, ICC prosecutor Luis Moreno-Ocampo filed for a warrant for al-Bashir’s arrest during July of 2008.
Now that the warrant has been issued, al-Bashir faces a number of charges; among these are five counts for crimes against humanity, including “murder, extermination, forcible transfer, torture, and rape.” Two additional charges are for war crimes: “intentionally directing attacks against civilians and for pillaging.” (See “International Court Issues Arrest Warrant for Sudanese President”).
The one charge that is noticeably absent from the given list is that of genocide. Because it has been difficult to demonstrate that the situation in Darfur meets all of the qualifications for classification as genocide, the charge has not been added. There is the possibility, however, that the warrant may be amended in the near future should the stipulations be met in Darfur.
Al-Bashir’s Response to the Warrant
Al-Bashir and the leading governmental figures in Sudan have largely ignored the warrant. In fact, al-Bashir has been quoted by the BBC as saying that the “Hague tribunal could ‘eat’ the arrest warrant.”
Though many in the international community have expressed support for the warrant and are encouraging Sudan to cooperate, the warrant has caused substantial fear of retribution. Kamal Obaid, Sudan’s Minister of Information and Communications, has made the Sudanese government’s stance very clear: “The Security Council and international community must bear full responsibility toward any escalation…” ("International Court Issues Arrest Warrant for Sudanese President").
In fact, the region has already witnessed an increase in violence and a heightened insecurity that has directly affected the efforts of aid workers. A number of rights groups, including Save the Children UK and Medecins Sans Frontieres (Doctors Without Borders) have been evicted from Darfur, a situation which will only increase difficulties for the civilians in the area.
Likelihood of Arrest
The blatant disregard for the warrant demonstrates al-Bashir’s understanding that the warrant may be difficult to enforce. Should al-Bashir venture across international borders, there is a great possibility that he would be detained. Should he remain in Sudan, however, it is difficult to say whether or not he will be taken into custody. As Alex de Waal, an expert in Sudanese affairs, explained to the BBC, “the indictment is ‘pretty toothless’ as the ICC does not have a police force" ("Warrant Issued for Sudan's Leader").
Thus, as of now, it seems that only time will tell whether al-Bashir will face his day in court and what the results of that day will amount to.
