ICC's obsession of justice tempered by tricky arrest

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(Xinhua)
Updated: 2009-03-06 11:08

He noted that the agreement of goodwill and confidence-building for the settlement of the Darfur issue signed in February created a good environment for achieving progress in the political process.

"Though judicatory justice is important for the Darfur region, it should not be acquired at the cost of peaceful process in the region," he said, noting that the international community should be responsible and committed to appeasing the situation in Sudan, but should not fuel the already tense situation.

Sauri also said Sudan must take effective diplomatic maneuvers to cope with the situation, which could collect support from AU, AL and Asian allies.

LAME COURT

Sudan has refuted the ICC's accusations since the court's prosecutor Luis Moreno-Ocampo launched a campaign against Bashir in July, saying that it is not a signatory of the Rome Statute.

"Sudan can make it because the ICC, established on the Rome Statute, has no law enforcement agency and thus has to rely on its members to carry out the arrest," Dr. Omar Kabashi, a Khartoum-based international law expert, told Xinhua.

"Meanwhile, the ICC has no chance to force the non-member countries to implement its decision as long as Sudan does not deprive Bashir of immunity," he added.

The president is widely supported in the Africa's biggest country, especially in the northern Arab-dominated provinces. The three-member Sudanese presidency, which includes First Vice President Salva Kiir Mayardit who is a former rebel leader of the Sudan People's Liberation Army (SPLA) that controls the semi-autonomous south, issued a joint anti-ICC statement on Wednesday.

"On the whole, the problem of the ICC is that the Rome Statute, on which it is based, is a partial law rather than a universal one, such as the Geneva Convention," he said.

"The UN, in which Sudan is a member, could take actions under the ICC's request, including economic sanctions and embargo, but it cannot invade the country and arrest the president," he added.

A UN spokesman said Wednesday that UN officials, including those from the UN mission in Sudan (UNMIS) and the AU/UN Hybrid operation in Darfur (UNMID), will continue to deal with Bashir when needed.

"Bashir is still the head of state of Sudan, and UNMIS will continue to deal with him" in accordance with its mandate when necessary, said Michele Montas, the spokesperson for UN Secretary-General Ban Ki-moon.

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