In Sudan War Crimes Case, Peace Must Take Priority

Prosecuting Bashir would imperil long-term situation
By Dustin Lushing,  Newser Staff
Posted Jul 21, 2008 1:20 PM CDT

Sudan's President Charged With Genocide:SelectPlusSudan's President Charged With GenocideSudan's President Charged With GenocideThe Associated PressThe prosecutor of the International Criminal Court filed genocide charges Monday against Sudanese President Omar al-Bashir, accusing him of masterminding attempts to wipe out African tribes in Darfur. (July 14)The International Criminal Court has filed genocide charges against the president of Sudan. The court accuses Omar al-Bashir of masterminding attempts to wipe out African tribes in Darfur with a campaign of murder, rape and deportation.(SOT: LUIS MORENO-OCAMPO, PROSECUTOR OF INTERNATIONAL CRIMINAL COURT) WE ARE CHARGING AL-BASHIR WITH THREE COUNTS OF GENOCIDE, FIVE OF CRIMES AGAINST HUMANITY AND TWO OF WAR CRIMES."The court's prosecutor says al-Bashir's forces attacked a village then put all the people who lived there in camps without food, water or cattle. The prosecution also says there were rapes.(SOT: MORENO-CAMPO)70 YEAR-OLD WOMAN, 6 YEAR-OLD GIRLS, THEY WERE RAPED. MASSIVE RAPES, GANG RAPES, RAPES IN FRONT OF THE PARENTS. WOMEN ARE USED TO IT. WHEN THEY ARE LOOKING FOR FIREWOOD, THEY KNOW THEY CAN BE RAPED, SO THEY ORGANISE A GROUP OF 20, SAYING: 'OKAY SOME OF US WILL ESCAPE'. AND THIS HAPPENED EACH DAY. The filing marks the first time prosecutors at the world's first permanent, global war crimes court have issued charges against a sitting head of state.(NATS IN ARABIC)(IBRAHIM AL- ZAHAWI, INFORMATION MINISTER AND GOVERNMENT SPOKESMAN:THE GOVERNMENT HAS STRESSED SUDAN'S STANCE OF NOT RECOGNISING THE INTERNATIONAL CRIMINAL COURT. IT ALSO REFUSED ANY DECISION OR ORDER ISSUED BY THE ATTORNEY GENERAL OF THE INTERNATIONAL CRIMINAL COURT WITH THIS RESPECT. IT EMPHASISED THAT THAT DARFUR ISSUE IS AN ISSUE FOR THE PEOPLE AND GOVERNMENT OF SUDAN.)Sunday, the country's information minister said that Sudan does not recognize the International Criminal Court and refuses to obey and decision or order it issues.An estimated 300,000 people have died in Darfur since conflict erupted. In 2003, local tribes took up arms against al-Bashir's Arab-dominated government in the capital, Khartoum, accusing authorities of years of neglect. Prosecutors say two-and-a-half million more people could die after being forced from their homes.(MORENO-OCAMPO)THE INTERNATIONAL COMMUNITY FAILED IN THE PAST, FAILED TO STOP RWANDAN GENOCIDE, FAILED TO STOP THE BALKANS CRIMES, SO THIS TIME THE NEW THING IS THAT THERE IS A COURT, INDEPENDENT COURT DURING THE CRIMES WHO IS SAYING - THIS IS A GENOCIDE."If judges issue an arrest warrant, they will effectively turn al-Bashir into a prisoner in his own country. In the past, Interpol has issued so-called Red Notices for fugitives wanted by the court. That means they should be arrested any time they attempt to cross an international border. ___ ___, The Associated Press.
(AssociatedPress)

The genocide and war crimes charges against the Sudanese president are a solid moral victory, but to actually prosecute Omar al-Bashir would derail realistic chances of peace in the war-torn nation, argues author David Rieff in the LA Times. Indeed, the African Union today called for the Security Council to stall on the war crimes charges for exactly that reason, AFP reports.

While it would be "emotionally satisfying" to prosecute Bashir, "justice cannot and should not always be the first priority," Rieff writes, citing South Africa and Chile as instances in which peace outweighed justice. The best chance at quelling the violence would be to "restart negotiations in a serious way" and not "indulge in 'Count of Monte Cristo'-like fantasies of the wicked getting their comeuppance." (More Darfur stories.)