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International Criminal Court Charges Sudan President with Genocide

a Darfur refugee collects wood in Chad
photo: U.S. State Department
Sudanese refugees collect firewood in a refugee camp in neighboring Chad. The United Nations distributes firewood to the camps to protect women refugees from being raped by Arab militias while the women wander from camp in search of cooking fuel.

WAR CRIMES: The prosecutor for the International Criminal Court officially charged Sudanese President Omar Hassan al-Bashir with war crimes, including genocide, for his alleged role in the Darfur massacres. Many fear the charge may lead to retaliatory violence against peacekeepers and refugees in Sudan.

The International Criminal Court's (ICC) Chief Prosecutor Luis Moreno-Ocampo formally requested al-Bashir's arrest on Monday. The request now rests with three ICC judges. Sudan leaders dismissed Moreno-Ocampo and the ICC as "stooges" for its enemies. ICC will hand down its decision by the fall.

Darfur Crisis Displaces 2.5 Million Ethnic Sudanese

Darfur's crisis began in 2003, when ethnic groups rose up against local government-backed militias for control over land and other resources. The three ethnic groups are...

  • Fur
  • Masalit
  • Zaghawa

In the name of fighting an insurgency, the Sudanese government armed and equipped predominantly Arab Janjaweed militias in Darfur to put down the rebellion.

But the violence against Darfur's ethnic groups went beyond "counterinsurgency." The UN reported that Janjaweed militias...

  • destroyed entire villages
  • systematically killed unarmed civilians, including women and children
  • committed mass-rape against ethnic women

Though the Sudanese government estimates 10,000 people died in Darfur, the UN and several Western governments place the number of victims at 300,000. More than 2.5 million people have fled their homes, 2 million of which live in refugee camps throughout the area, including the neighboring country Chad.

Moreno-Ocampo Charges al-Bashir, ICC Judges Decide by Fall

In his announcement Monday, Moreno-Ocampo said he had "very strong evidence that al-Bashir controlled everything, the generals, the intelligence, the ministers, the media. The janjaweed militia called him directly for instructions." (The New York Times, 7/14/08)

Moreno-Ocampo's request for al-Bashir's arrest is the first such request against a sitting head of state. The charges include...

  • genocide
  • crimes against humanity
  • war crimes

"Bashir failed to defeat the armed movements so he went after the people. His motives were largely political. His alibi was a 'counterinsurgency'. His intent was genocide," Moreno-Ocampo said. "The crime of genocide is a crime of intention. Beshir [sic] had the intention to destroy the Fur, Masalit and Zaghawa ethnic groups." (AFP, 7/14/08)

Moreno-Ocampo's request for an arrest warrant now rests with three ICC judges who have never turned down one of Moreno-Ocampo's previous warrant requests. Observers expect the ICC's final decision sometime this fall.

Diplomats Fear Charges Could Derail Current Sudan Negotiations, Endanger Peacekeepers

Some diplomats close to the Darfur crisis warned that prosecuting al-Bashir will lead to more violence and stall current efforts to implement a peace plan.

Peace Negotiations—Andrew Natsios, former U.S. Special Envoy for Sudan, said, "An indictment of Bashir will make it much more difficult for any country or international organization to help negotiate a political settlement with the Sudanese government." (Social Science Research Council, 7/12/08)

UN Secretary General Ban Ki-moon told the newspaper, Le Figaro, "It would have very serious consequences for peacekeeping operations including the political process. I'm very worried, but nobody can evade justice." (AFP, 7/14/08)

Peacekeeper Safety—Peacekeepers have already come under attack in Darfur. Seven members of the joint UN-AU peacekeeping force were killed in an ambush just last week. With the news of Moreno-Ocampo's charges, the troops in Sudan are preparing for additional attacks.

Refugee Safety—Others are more concerned about the 2 million refugees living in camps in the area. "The camps are my biggest worry. They could explode into violence," said Julie Flint, a specialist on the Darfur crisis. (The New York Times, 7/14/08)

Sudan Blasts Charges

Sudan's government reacted defiantly to the charges against al-Bashir. Foreign Ministry spokesman Ali al-Sadig said, "We consider the indictment of either the president or any other normal citizen of Sudan the same-we don't recognize whatever comes out from the ICC, to us it is non-existent." (Reuters, 7/14/08)

Upon hearing of Moreno-Ocampo's plans to charge al-Bashir, Sudan's ambassador to the UN, Abdalmahmood Abdalhaleem Mohamad, said, "It is a criminal move that should be resisted by all. We will resist it by all possible legal means." (CNN, 7/14/08)

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Question for Readers:

Do you think the International Criminal Court's charge against Sudanese President al-Bashir endangers peacekeepers and refugees?

Map of Darfur
Darfur is a region in western Sudan. It shares borders with the Central African Republic, Chad, and Libya.

The violent crisis in Darfur began more than eight years ago. Here's what happened:

February 2003

Ethnic rebel groups rise up against the Arab-dominated government in Western Sudan, forming two groups:

1. Justice and Equality Movement (JEM)

2. Sudanese Liberation Army (SLA)

April 2004

Rebel groups and Sudanese government agree to ceasefire.

August 2006

UN votes to place peacekeeping force in Darfur, but Sudan rejects foreign troops.

February 2007

International Criminal Court (ICC) Prosecutor Moreno-Ocampo charges two Sudanese citizens with war crimes.

Sudan rejects ICC jurisdiction.

May 2008

The first UN-AU (African Union) peacekeeper is found dead in northern Darfur.

July 2008

Seven more U.N.-A.U. troops are killed in an ambush.

Moreno-Ocampo requests arrest warrant against Sudan President al-Bashir.

(Source: Reuters, 7/14/08)

Story Sources

Sudanese President Accused of Genocide (The New York Times, 7/14/08)

Bashir move bold but problematic (BBC, 7/14/08)

Prosecutor seeks arrest of Sudan's Beshir for 'genocide' (AFP, 7/14/08)

Sudanese president charged with genocide (CNN, 7/14/08)

Sudan says does not recognize ICC on Bashir (Reuters, 7/14/08)

ICC Prosecutor presents case against Sudanese President, Hassan Ahmad AL BASHIR, for genocide, crimes against humanity and war crimes in Darfur [press release] (International Criminal Court, 7/14/08)

A Disaster in the Making [blog] (Social Science Research Council, 7/12/08)

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