The International Criminal Court (ICC) has rejected attempts by the prosecution to add charges of genocide to the indictment of the Sudanese president, Omar al Bashir. Given that the court has on several occasions claimed there was insufficient evidence to support charges of genocide, this is hardly surprising. However, even if the prosecution's planned appeal fails to add this charge, Mr Bashir still faces charges of war crimes and crimes against humanity. So this slight reprieve will be of little comfort to him. The court will probably persist in its futile attempts to prosecute Mr Bashir, despite growing concerns that its efforts are hurting Sudan's peace process.
The ICC was envisioned as a court of last resort for crimes of international concern: genocide, war crimes, crimes against humanity and wars of aggression (though the last is not within its jurisdiction since a definition for the crime has not been agreed). As a court of last resort, its task is to dispense justice where a nation's judicial system refuses or fails to do so. Its intention is to enforce international standards of human rights, but in its short history it has fallen short of this ambition.
This is because it is difficult to get nations to surrender those wanted by the court. The ICC is effective only if the host nation of the accused or surrounding countries co-operate with the court. It has no ability to arrest suspects on its own. Its only successful efforts to try accused war criminals came in the Democratic Republic of Congo, where a transitional government surrendered three men for trial. But its difficulties stem from more than simply the intransigence of rogue nations. There are serious issues of national sovereignty at stake.
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In the case of Sudan, the ICC would not normally have jurisdiction over citizens of that country because it is not a signatory to the Rome Statute that created the court. Nor is it clear that any nation that chooses to withhold its participation in the court should be forced to offer up its citizens, let alone its head of state, for trial. However, under the Rome Statute the UN Security Council does have the authority to refer a case to the court if it is deemed a threat to international peace and security. Whether the war in Sudan and, particularly, the violence in Darfur crosses this threshold is debatable. What is clear is that nothing the ICC has done has furthered the cause of peace.
While more than six years of diplomatic efforts to reconcile the warring factions in Sudan have made little progress, this indictment has only made matters worse. Some have argued that even if Mr Bashir does not appear before the court he has become a prisoner in his own land, unable to leave for fear of being arrested. Sudanese authorities have scoffed at the warrant, and Mr Bashir has made state visits in Africa and the Middle East since it was issued. Meanwhile, Mr Bashir's National Congress Party has felt little pressure to restart stagnant reconciliation efforts with the South. It is possible that the indictment will lead to a hardening of positions that could have a negative impact on plans to hold a referendum on the South's autonomy in 2011.
The violence in Sudan, not just Darfur, is horrific and must be stopped. With the discovery of oil, Sudan has a potentially bright future, but only if it can bury the demons of its past. But peace is not the same thing as justice, and sometimes, justice gets in the way.
Court hinders, not helps, peace in Sudan
Last Updated: July 09. 2009 1:10AM UAE / July 8. 2009 9:10PM GMT
The International Criminal Court (ICC) has rejected attempts by the prosecution to add charges of genocide to the indictment of the Sudanese president, Omar al Bashir. Given that the court has on several occasions claimed there was insufficient evidence to support charges of genocide, this is hardly surprising. However, even if the prosecution's planned appeal fails to add this charge, Mr Bashir still faces charges of war crimes and crimes against humanity. So this slight reprieve will be of little comfort to him. The court will probably persist in its futile attempts to prosecute Mr Bashir, despite growing concerns that its efforts are hurting Sudan's peace process.
The ICC was envisioned as a court of last resort for crimes of international concern: genocide, war crimes, crimes against humanity and wars of aggression (though the last is not within its jurisdiction since a definition for the crime has not been agreed). As a court of last resort, its task is to dispense justice where a nation's judicial system refuses or fails to do so. Its intention is to enforce international standards of human rights, but in its short history it has fallen short of this ambition.
This is because it is difficult to get nations to surrender those wanted by the court. The ICC is effective only if the host nation of the accused or surrounding countries co-operate with the court. It has no ability to arrest suspects on its own. Its only successful efforts to try accused war criminals came in the Democratic Republic of Congo, where a transitional government surrendered three men for trial. But its difficulties stem from more than simply the intransigence of rogue nations. There are serious issues of national sovereignty at stake.
document.write('');
In the case of Sudan, the ICC would not normally have jurisdiction over citizens of that country because it is not a signatory to the Rome Statute that created the court. Nor is it clear that any nation that chooses to withhold its participation in the court should be forced to offer up its citizens, let alone its head of state, for trial. However, under the Rome Statute the UN Security Council does have the authority to refer a case to the court if it is deemed a threat to international peace and security. Whether the war in Sudan and, particularly, the violence in Darfur crosses this threshold is debatable. What is clear is that nothing the ICC has done has furthered the cause of peace.
While more than six years of diplomatic efforts to reconcile the warring factions in Sudan have made little progress, this indictment has only made matters worse. Some have argued that even if Mr Bashir does not appear before the court he has become a prisoner in his own land, unable to leave for fear of being arrested. Sudanese authorities have scoffed at the warrant, and Mr Bashir has made state visits in Africa and the Middle East since it was issued. Meanwhile, Mr Bashir's National Congress Party has felt little pressure to restart stagnant reconciliation efforts with the South. It is possible that the indictment will lead to a hardening of positions that could have a negative impact on plans to hold a referendum on the South's autonomy in 2011.
The violence in Sudan, not just Darfur, is horrific and must be stopped. With the discovery of oil, Sudan has a potentially bright future, but only if it can bury the demons of its past. But peace is not the same thing as justice, and sometimes, justice gets in the way.
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The International Criminal Court (ICC) has rejected attempts by the prosecution to add charges of genocide to the indictment of the Sudanese president, Omar al Bashir. Given that the court has on several occasions claimed there was insufficient evidence to support charges of genocide, this is hardly surprising. However, even if the prosecution's planned appeal fails to add this charge, Mr Bashir still faces charges of war crimes and crimes against humanity. So this slight reprieve will be of little comfort to him. The court will probably persist in its futile attempts to prosecute Mr Bashir, despite growing concerns that its efforts are hurting Sudan's peace process.
The ICC was envisioned as a court of last resort for crimes of international concern: genocide, war crimes, crimes against humanity and wars of aggression (though the last is not within its jurisdiction since a definition for the crime has not been agreed). As a court of last resort, its task is to dispense justice where a nation's judicial system refuses or fails to do so. Its intention is to enforce international standards of human rights, but in its short history it has fallen short of this ambition.
This is because it is difficult to get nations to surrender those wanted by the court. The ICC is effective only if the host nation of the accused or surrounding countries co-operate with the court. It has no ability to arrest suspects on its own. Its only successful efforts to try accused war criminals came in the Democratic Republic of Congo, where a transitional government surrendered three men for trial. But its difficulties stem from more than simply the intransigence of rogue nations. There are serious issues of national sovereignty at stake.
In the case of Sudan, the ICC would not normally have jurisdiction over citizens of that country because it is not a signatory to the Rome Statute that created the court. Nor is it clear that any nation that chooses to withhold its participation in the court should be forced to offer up its citizens, let alone its head of state, for trial. However, under the Rome Statute the UN Security Council does have the authority to refer a case to the court if it is deemed a threat to international peace and security. Whether the war in Sudan and, particularly, the violence in Darfur crosses this threshold is debatable. What is clear is that nothing the ICC has done has furthered the cause of peace.
While more than six years of diplomatic efforts to reconcile the warring factions in Sudan have made little progress, this indictment has only made matters worse. Some have argued that even if Mr Bashir does not appear before the court he has become a prisoner in his own land, unable to leave for fear of being arrested. Sudanese authorities have scoffed at the warrant, and Mr Bashir has made state visits in Africa and the Middle East since it was issued. Meanwhile, Mr Bashir's National Congress Party has felt little pressure to restart stagnant reconciliation efforts with the South. It is possible that the indictment will lead to a hardening of positions that could have a negative impact on plans to hold a referendum on the South's autonomy in 2011.
The violence in Sudan, not just Darfur, is horrific and must be stopped. With the discovery of oil, Sudan has a potentially bright future, but only if it can bury the demons of its past. But peace is not the same thing as justice, and sometimes, justice gets in the way.
Have your say
Top stories Relocation for 100,000 labourers in two months Fugitive Al Barakah chief turns himself in to police China sends in troops to restore calm Two in three drivers have seen accidents Massive bridge project gets go-ahead OPEC warns on oil speculators England rue late losses Your View Do you think it's a good move by the Government to ban lorries from Abu Dhabi's roads during rush hours?How often do you feel in danger as a pedestrian or motorist?What activities do you recommend during the summer months?Have your say: Tell us your memories of the musical legendWill you be taking part in the new military-style fitness camp or does it sound like too much hard work? Most popular stories Most read Most e-mailed Claiming back the streets Al Barakah chief arrested on bouncing cheque charges Mall bans labourers on evenings and weekends Dubai beachgoers reminded of conduct Pavarotti features in Dubai tower project UAE cities more costly, says survey UAE railway company launched Countdown to Keane's Dubai gig Jackson hailed as greatest entertainer Han Chinese seek revenge on Uighurs Expats leave as school term ends Abu Dhabi landlords keeping rents artificially high, agents claim Mall bans labourers on evenings and weekends Claiming back the streets Investors in Becker, Lauda &Schumacher towers demand refund Some private schools will be exempt from Ramadan delay Contractors must be paid, says British trade minister Honey proven to be a wonder cure Abu Dhabi hotels face ratings downgrade Dubai's bling is recession proof var countries=new ddtabcontent("countrytabs") countries.setpersist(true) countries.setselectedClassTarget("link") //"link" or "linkparent" countries.init() Products & Services Your View e-polls e-Paper RSS Feeds Home UAE World Business Sport About us Contact us Terms & Conditions FAQ Site map
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