ICC issues arrest warrant for Sudan's al-Bashir

March 4, 7:57 PMForeign Policy ExaminerAimee Kligman

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In this Wednesday, July 23, 2008 file photo, Sudan's President Omar al-Bashir greets his supporters in Darfur's capital of El Fasher, in Sudan. The International Criminal Court plans to announce Wednesday, March 4, 2009 whether it will issue an arrest warrant for Sudanese President Omar al-Bashir on charges of masterminding genocide in Darfur - amid fears it could provoke a violent backlash. (AP Photo/Abd Raouf, File)

Luis Moreno-Ocampo, the International Criminal Court (ICC) chief prosecutor stared straight into the camera (Al Jazeera) and very deliberately said: 'As soon as Bashir flies outside of Sudan he could be arrested, there is no immunity from international law.' This statement came on the heels of the announcement that the International Criminal Court at the Hague had issued an arrest warrant for current Sudanese President Omar al-Bashir on five counts of crimes against humanity and two counts of war crimes for his role in the humanitarian disaster that is Darfur, located in Southwest Sudan. Al-Bashir is the first sitting head of state to face an international arrest warrant. Moreno-Ocampo cited Charles Taylor of Liberia and late Serb leader Slobodan Miloševic as leaders that had been brought to justice through international tribunals.

Though it is well known that over 300,000 people had been killed, Moreno-Ocampo indicated that there was insufficient evidence to support additional charges of genocide. Khartoum claimed that this number is highly inflated and that no more than 10,000 people have died.

According to protocol, once the arrest warrant is issued, the Sudanese government is obligated to arrest al-Bashir and deliver him to the Hague. Massive protests took place in the streets of the capital and al-Bashir himself was very defiant; when talking to the crowds, he said 'they can take the arrest warrant  and throw it in the water'. The Sudanese president does not have too many allies. Some retaliation has already taken places with several NGO's being told to leave the country.  One of them, Medecins sans Frontieres, sees the situation as very critical. MSF has been running projects in Darfur since 2004, and was about to implement a massive vaccination program against meningitis. Unfortunately, the refugees are the ones to suffer.

Laurence Blairon, an ICC spokeswoman, also spoke on the Al Jazeera segment and said al-Bashir was accused of "intentionally directing attacks against an important part of the civilian population of Sudan; murdering, raping, torturing, forcibly transferring large numbers of the population and pillaging their property".

Sudan will most likely be reluctant to hand over Bashir, but Moreno-Ocampo has hope that Sudan will not want to risk its standing in the international community.  Sudan does not recognize the legitimacy of the court, and has already ignored a 2007 arrest warrant for Sudanese State Minister of Humanitarian Affairs Ahmed Haroun and Ali Kosheib, a Janjaweed militia leader. 

The Washington Times reported that the case against Gen. al-Bashir was referred to the court by the U.N. Security Council. The United States, which supports the prosecution but does not accept the court's universal jurisdiction, abstained on the resolution.

In support of al-Bashir, the country is planning a million-man march for tomorrow.