June 21, 2011 (WASHINGTON) – The United States on Tuesday denied that it has approved of a visit by the Sudanese president Omer Hassan al-Bashir to China despite an outstanding warrant of arrest against him by the International Criminal Court (ICC).

China’s Ministry of Foreign Affairs spokesman Hong Lei (AFP)

Bashir who faces ten counts of genocide, war crimes and crimes against humanity he allegedly committed in Darfur was invited by Beijing for a three-day visit which starts next Monday. He is expected to meet with his Chinese counterpart Hu Jintao and other officials.

Eight years of conflict between mostly non-Arab rebels and government troops backed by largely Arab militias in Darfur has led to one of the world’s worst humanitarian crises. The United Nations estimates some 300,000 people have died.

Violence has fallen from levels seen in 2003 and 2004, but fighting in Darfur has intensified again in recent months, displacing more than 70,000 people.

Last week the U.S. State department spokeswoman Victoria Nuland when asked whether she thinks it is appropriate for China to receive Bashir responded by saying that this is a "national decision".

Nuland called on Beijing to press the Sudanese leader on ending violence in his country and implementing the North-South peace accord signed in 2005.

The remarks by the spokeswoman were seen as an endorsement by Washington to Bashir’s trip.

But a U.S. official told Sudan Tribune today that this is not the case adding that it is his country’s policy to "strongly" urge other states not to invite those charged with war crimes

"U.S. policy toward the International Criminal Court’s investigations and prosecutions pertaining to the situation in Darfur is well known and has not changed. The United States believes that there cannot be a lasting peace in Sudan without justice and accountability, and we strongly support international efforts to bring those responsible for genocide, crimes against humanity, and war crimes to justice," said the state department official who spoke on condition of anonymity.

"We urge China to join the international community in its call for Sudan to cooperate fully with the International Criminal Court, as required by UN Security Council resolution 1593. United States policy is to oppose invitations, facilitation or support for travel by ICC indictees. We have a longstanding policy of strongly urging other nations to do the same".

Today the Chinese government insisted that it has not violated the norms by inviting the Sudanese president.

"It’s quite reasonable for China to invite the head of a state that has diplomatic ties with China to come for a visit" foreign ministry spokesman Hong Lei told reporters today.

"In recent years President Bashir has made many visits to other countries and was warmly welcomed by the relevant countries," Lei added.

This would be the first time Bashir traveled to China since the issuance of the warrant and the first to a permanent member of the United Nations Security Council (UNSC).

In March 2005 the United Nations Security Council (UNSC) referred the situation Darfur to the ICC in a Chapter VII resolution despite Sudan not being party to the Rome Statute. China surprised observers and its strong ally Sudan by simply abstaining rather than using its veto power to block it.

The Chinese official stressed that Beijing has no obligation to apprehend Bashir.

"China is not one of the parties of the Rome Statute of the International Criminal Court. China has reserved its opinion towards the International Criminal Court lawsuit against President Omer al-Bashir," Lei said.

Bashir is the first sitting head of state to be targeted by a warrant of the ICC, which means that any member country of the court is obliged to arrest Bashir if he visits. China, along with the United States, is not party.

The Sudanese leader has seen his travel being limited to friendly nations and in many instances was forced to cancel appearance at a handful of regional and international events over the fear of arrest.

Right groups have criticised China’s decision to invite Bashir

“Beijing will signal its total disregard for victims of heinous crimes in Darfur if it welcomes al-Bashir,” said Richard Dicker, international justice director at Human Rights Watch.

“Al-Bashir’s flouting of international arrest warrants should be cause for condemnation, not for an invitation. Beijing should instead be using its influence to press for justice in Darfur".

Last week U.S. Representative Frank Wolf, who has traveled to Sudan’s violence-torn Darfur region, said that he saw first-hand that China was supplying planes, helicopters and arms that have fueled the conflict.

"The number one supporter of the genocide in Darfur that many people are so concerned about is the Chinese government," said Wolf, a Republican from Virginia and outspoken critic of Beijing.

"Now we find that they’re welcoming Bashir. What more do we need to know? Lives hang in the balance," Wolf added.

Bashir’s visit comes a few weeks ahead of the secession of oil-rich South Sudan from the North which is the result of a referendum held earlier in the year.

Bashir and his government in Khartoum — Beijing’s long-time ally — stand to lose a third of the country’s territory and up to three quarters of its oil reserves when the south leaves.

Violence has erupted since last month in North-South border regions of Abyei and South Kordofan between the Sudan Armed Forces (SAF) and Sudan people Liberation Army (SPLA). It was only yesterday that an accord was reached with regard to Abyei.

In both cases thousands of civilians were forced to flee amid reports of the conflict taking on an ethnic dimension.

(ST)