The International Criminal Court is working to indict Sudanese President Omar al-Bashir over the Darfur conflict in Sudan, which is being called the worst crisis against humanity facing the world today. Bashir is accused of genocide, war crimes and crimes against humanity. ICC chief prosecutor Luis Moreno-Ocampo has asked the court to issue an arrest warrant for Bashir. Three judges are now looking into whether sufficient grounds exist to issue a warrant. They will likely take several months to reach a conclusion.
If Bashir is formally charged, it would be the first time for the ICC, which became active in 2003, to indict a sitting head of state. It is significant that the ICC, a permanent war crimes court with 106 member nations, is aiming to uphold the principle of the rule of law.
In the Darfur region of western Sudan, a black rebel force formed in 2003 and rose up against the Bashir government. This gave rise to moves by opposing Arab militia organizations and government troops to attack rural villages. According to U.N. estimates, about 300,000 people were killed and 2.5 million displaced.
Moreno-Ocampo believes that Bashir ordered his government forces and the militia organizations to carry out the attacks. But the president refuses to accept the authority of the court because Sudan is not a member of the ICC.
The world cannot sit back and do nothing while genocide and rape continue. The United Nations Human Rights Council has also confirmed that Sudan's government forces, working together with militia groups, are systematically attacking villagers. The question is the extent of Bashir's involvement.
Of great concern is that the activities of U.N. peacekeepers in Sudan and humanitarian aid workers to help those suffering in Darfur may be obstructed because of opposition by the Sudanese government. Sudan's ruling party warns that if the president is prosecuted, the situation could lead to even more violence and bloodshed in Darfur.
As it is, peacekeeping operations in Darfur have reached a deadlock. The joint U.N.-African Union peacekeeping force (UNAMID) has been active in Darfur since January. At present, it comprises slightly less than 10,000 troops, less than half of the number it planned to send. Attacks on peacekeepers have occurred repeatedly. Seven peacekeepers were killed on July 8 and another one died on Wednesday.
In Darfur, some U.N. personnel are starting to withdraw. Tanzanian President Jakaya Kikwete, who chairs the African Union, requested that Bashir's indictment be postponed, citing the risks of political unrest.
The Sudanese government is obliged to secure the safety of U.N. personnel. We must avoid a situation that will set back peacekeeping operations and humanitarian relief activities.
The U.N. Security Council (UNSC) issued a presidential statement condemning the attacks on U.N. peacekeepers. It was the UNSC that requested the ICC bring the party responsible for the conflict to justice in the first place.
The UNSC should pursue international justice while doing its utmost to avoid stirring up confusion in the region. We would hope that China, which has good relations with the Sudanese government because of its trade in crude oil, will play a positive role as a permanent member of the UNSC.
All nations, including Japan, must up the pressure on the Sudanese government, using the threat of prosecution as leverage.
--The Asahi Shimbun, July 18(IHT/Asahi: July 19,2008)