Posted February 25, 2009

The International Criminal Court has yet to issue an arrest warrant for Sudanese President Omar al-Bashir, but its indictment of the president would be the first of a sitting Head of State. If the arrest warrant is issued by the ICC, President Bashir will face charges of genocide, crimes against humanity and war crimes in the region of Darfur.  

According to a recent press release from the ICC, “The decision of the Chamber on the Prosecution shall be issued on 4 March 2009.” The decision comes after Egyptian officials pledged their support to President Bashir and called for the ICC to defer the decision for at least a year. 

Several UN members voiced their support of an indictment for the arrest as early as November 2008, but due to political difficulties, the ICC has stated that the decision will not be made before March 4, 2009. The application for the indictment was filed on July 14, 2008 by ICC chief prosecutor Luis Moreno-Ocampo. 

In an article by the BBC, the Sudanese government says that their recent peace talks with the rebel Justice and Equality Movement (JEM) could fall through if an indictment is passed by the ICC. The talks between the two groups could help stabilize the areas in north and west Darfur, which the JEM controls. 

The Sudanese government has been pushing for the ICC to defer their decision and the African Union has also asked the Security Council to push back the indictment. According to Sudan’s foreign minister, Dr. Deng Alor Kuol, “One year could give Sudan time in Darfur.” He also stated that this indictment would have negative affects on the current talks with JEM and that “the situation is fragile.” 

There have been two other arrest warrants issued by the ICC in response to the genocide in Darfur. Ahmad Harun, the alleged former Minister of State for the Interior of the Government and the alleged former Minister of State for Humanitarian Affairs of Sudan, and Ali Kushayb, the alleged leader of the Janjaweed militia, are still at large after warrants for their arrest were issued on May 2, 2007. 

According to a BBC News report, “The ICC will no doubt base its decision on whether the arrest warrant endangers progress on the varied peace negotiations or whether they would be further advanced with the president out of the picture.” 

An international justice system is a valuable tool when nations are incapable of enacting justice themselves or if the situation requires an international view. However, the brief history of the ICC in Africa shows that while it is a good policy, in practice, it is not always capable of bringing greater stability to a country or region. AFJN cannot support an international approach when it undermines local progress, as has happened in northern Uganda. Until the ICC has a better enforcement mechanism and begins listening to local voices, it will not be successful in bringing peace or justice to the region.