Guwahati
7 December,2008
_____________________________
INTERNATIONAL CRIMINAL COURT PROSECUTOR
OCAMPO REPORTS TO UN SECURITY COUNCIL
FOR BASHIR'S ARREST
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A debate in Sudan Tribune has been raised the other day on 6th December about the merits and demerits of the requested arrest warrant likely to be issued by ICC against Sudanese president Omar al-Bashir, who in the name of counterinsurgency ,has been charged for commission of genocide, war crimes and crimes against humanity of 3 lakh Darfurians at Darfur.
The author[ of the blogger herein] has stated yesterday in Sudan Tribune that the waiver-like deferral likely to be sought from Security Council under ICC statute article 16 should not hold water.Besides, with the Bush's stand for Bashir's indictment by the ICC, Bashir sympathisers may not get 9 votes out of 15 SC membership in any eventuality, despite the soft stand taken by Russia,China and Arab stands.
In the ongoing tussle, Barack Hussein Obama has appointed Susan Rice - a hardliner against Sudanese government, as the next US ambassdor to the UN and article 16 waiver-deferral may not be possible .Susan Rice is in no way a relative of Condolizza Rice.
Already, the ICC has issued arrest warrant against a rebel leader, a minister of Sudan and is likley to issue another three more which are kept secret .The ICC chief prosecutor Okampo on July 14,2008 has requested the ICC trial chamber I comprising three judges for indictment of Mr.Bashir on 10 counts of commiting genocide, war crimes and crimes against humanity under the garb of suppressing insurgecny in Darfur
.
Chief prosecutor's written statement addressed to the ICC on 14 July,2008 is quoted:
"I have submitted to the Judges an application for the issuance of an arrest warrant against Omar Hassan Ahmad AL BASHIR for genocide, crimes against humanity and war crimes. ---
May be around 20 men rape one woman...They rape women in front of their mothers and fathers...
---There is an armed conflict in Darfur.The government of Sudan is engaged in a military campaign against two rebel armed movements.Both rebel groups mainly recruit from the target groups,---but it cannot use genocide as a means to do so.Since 2003,Al Bashir's forces purposefully targeted civilians who were not participants in any conflict."
Bashir has imagined three ethnoses of Sudan - Fur, Masalit and Zhagawa as direct threat to his administration.Peace talks continue ; while it is on, Arab and African states desire that ICC should not arrest the offender Bashir, who had mercilessly killed 3 lakh Darfurians and displaced 27 lakh Sudanese.
The ICC would not have exercised jurisdiction over Sudan which is not a state party to the ICC Rome statute,but for the UN Security Council resolution no. 1593 0f March 2003 .The UN Security Council has the authority under the Rome statute to trigger off prosecution against a non-state party like Sudan or India.
Like Sudan, India is not a state party to the Rome statute, despite NGO pressures to the government to join the ICC.Barack Obama has the opportunity to unsign to what Bush has unsigned in the Rome statute signed by Bill Clinton on 31st December, 2001.Impunity termination is the mantra for international justice and rule of law.
On 4th December, 2008 , the ICC chief prosecutor has informed the progress of his work in details to the UN Security Council, as he has to report the progress for every six months.Ocampo has submitted an additional evidence of about 700 pages in support of the requested indictment.If Mr.Bashir is arrested even under a secret warrant, he would be physically present for the trial.
Impunity -termination requirement has reached out the civil societies of Assam, NE region in India which has been facing impunity of state officials and soldiers , and killers from amongst the irresponsible orgs. or, fundamentalists of all spiritualities whosoever ,that commit heinous crimes with impunity, for half a century.Darfur is a wake-up call to humanity at large.
note:
Among analytical studies on rebellion in Southern Sudan, access to Oil,famine in South,draught in northern Darfur,Mohamed Suleman's article focus more on economic access, rather cultural diversities.
http://srdis.ciesin.org/cases/Sudan_Paper.html
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