PROCÈS-VERBAL

Inspired by a comment, “Regarding Sudan…” made by citizen53 in the DailyKos Midday Open Thread of Sunday, 8 March.

“There is an argument in HR circles that the indictment was for show and in the end has little to do with the real problem of protecting people.

Like was done with the formation of the ICTY regarding Yugoslavia, it makes people think something is being done because not much, in reality, is.

We often are pacified by perception.

Humanitarian intervention may makes more sense, even if it ends up being illegal in international law, like Kosovo. Not many really complained about the violation that saved lives.

Sadly, this is the state of international law, where an antiquated UN Charter does not afford the world a way to address internal problems as the issue of sovereignty is abused by bad leaders who commit war crimes against their own people.”

Two points I’d like to address here. More beneath the fold

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By now everyone has taken note (first noted on ET here [h/t to Migeru]) of the ICC arrest warrent issued against Omar al-Bashir for:

1. intentionally directing attacks against the civilian population as
   such or against individual civilians not taking direct part in
   hostilities as a war crime within the meaning of article 8(2)(e)(i) of
   the Statute;
2. pillage as a war crime within the meaning of article 8(2)(e)(v) of the
   Statute;
3. murder as a crime against humanity within the meaning of article
   7(l)(a) of the Statute;
4. extermination as a crime against humanity within the meaning of
   article 7(l)(b) of the Statute;
5. rape as a crime against humanity within the meaning of article
   7(l)(g) of the Statute;
6. torture as a crime against humanity within the meaning of article
   7(1 )(f) of the Statute;
7. forcible transfer as a crime against humanity within the meaning of
   article 7(l)(d) of the Statute

Support and opposition for the ICC decision falls along predictable lines. The Government of Sudan’s (GoS) traditional enablers, the Arab League, China, and the African Union (AU) have all voiced opposition to the move. China has already called for a suspension of the warrant, and the AU is expected to place an appeal before the UN Security Council for a one year deferment on enforcement. Russia, even though a special envoy to Sudan was named, has remained curiously quiet, though if one can infer official position through what the Kremlin controlled press is saying, Russia is in opposition. A brisk arms-for-oil-trade between Russia and Khartoum (here) is in direct contravention to the CPA, and though Russia is not a signatory, Bashir is. Russia desperately needs the business these days, so it would probably be fruitless to ask Moscow to desist. The west, on the other hand, generally favors the warrant. According to some, Britain and France can be expected to support the warrants rather than undermine the integrity of the ICC. However, even the US, not a signatory to the ICC, has officially expressed its support.

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