January 6, 2009 (KHARTOUM) – The Sudanese government for the first time appeared resigned to an arrest warrant issued by the judges of the International Criminal Court (ICC) for president Omer Hassan Al-Bashir.
- Omer Hassan Al-Bashir
“All indications reveal that the judges have agreed to Ocampo’s application against Bashir even though they did not look at its details under pressure from hostile countries” Ibrahim Gandour, a leading figure at the ruling National Congress Party (NCP) told the London based Al-Sharq Al-Awsat newspaper.
Furthermore the presidential adviser Ghazi Salah Al-Deen told the Al-Sharq daily in Qatar that the judges’ decision is “prefixed” accusing The Hague based court of being a tool in hands of European countries.
Al-Deen acknowledges that efforts to stall the ICC move through adopting a UN Security Council (UNSC) resolution have failed despite “wide support from Arab and African countries”.
The remarks by the two Sudanese officials signal a shift in the government’s perception of the ICC row. Some officials and lawyers have in the past expressed confidence that the judges will reject the case.
The hopes were heightened when the ICC judges requested more information on the prosecutor’s application against Al-Bashir last October.
At the time an unidentified Sudanese official speaking to Al-Sharq Al-Awsat said that judges’ request “proves that Ocampo’s evidence is weak and fabricated and that Al-Bashir is innocent”.
The head of the Sudanese lawyers syndicate Fathi Khalil also said that the judges found that the evidence is non-compelling to build a case.
Sudanese newspapers described the judges’ decision as an indication that Al-Bashir will be able to escape an arrest warrant.
Since the ICC prosecutor Luis Moreno- Ocampo announced last July that he filed 10 charges against Al-Bashir of genocide and war crimes, Sudan has been hoping that a multi-track judicial and political approach would succeed in heading off the prosecutions.
A new special prosecutor for Darfur crimes was appointed who promised to start trials including one against militia leader Ali Kushayb who is wanted by the ICC.
But so far little information has emerged from the process with some observers suspecting the seriousness of the government and others saying the step is belated.
On the political front Sudan dispatched numerous envoys to world countries and managed to obtain support against the ICC from the African Union (AU), Arab League, Non-Aligned Movement (NAM) and Organization of Islamic Conference (OIC).
However the support did not translate into a UNSC resolution under Article 16 of the ICC Statute which allows the council to suspend the ICC prosecutions in any case for a period of 12 months that can be renewed indefinitely.
Western members of the UNSC such as US and France made it clear that they would veto such a resolution was introduced at this point in time. They stipulated that Sudan must take “concrete steps” to radically change the situation in Darfur before they will approve a suspension.
But even Sudan’s allies at the UNSC such as China and Russia have shied away from lobbing for such a resolution and many pro-government columnists in Khartoum criticized both countries and called for preparing for a “standalone” battle” with the ICC.
Sudanese officials have lately appeared to be upon acting upon this advice by threatening grave consequences should Al-Bashir be formally charged.
“If this happens it is going to have a very negative impact” Foreign ministry undersecretary Mutrif Sideeq told Reuters and the BBC. “The rebellion in Darfur will escalate. [The rebels] will feel jubilant... They will say they are fighting a legitimate cause against a criminal government and a criminal president”.
Sideeq said the government also suspected “political forces” in Khartoum could create instability if Bashir is indicted, adding that it might also fuel anti-western sentiment. He promised to warn westerners if there was any danger.
“If at any moment we feel we are not ready or able to protect them we will tell them to leave peacefully” he said, accusing western countries of using the court case decision to try to put pressure on Sudan.
On Monday the ICC judges returned from a month long judicial recess as their decision on Al-Bashir warrant is expected before the end of the month.
(ST)
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