Comments on: Can the International Criminal Court Prosecute President Bashir? http://blogs.ssrc.org/darfur/2008/07/10/can-the-international-criminal-court-prosecute-president-bashir/ Fri, 20 Nov 2009 10:36:10 -0600 http://wordpress.org/?v=2.8.4 hourly 1 By: Sean Erenstoft http://blogs.ssrc.org/darfur/2008/07/10/can-the-international-criminal-court-prosecute-president-bashir/comment-page-1/#comment-3891 Sean Erenstoft Sat, 06 Jun 2009 03:55:25 +0000 http://blogs.ssrc.org/darfur/?p=568#comment-3891 The Head of State of a country that has not joined the Court, which is the case for Sudan, might have a plausible argument of immunity, but not when the prosecution is triggered by the Security Council. The Head of State of a country that has not joined the Court, which is the case for Sudan, might have a plausible argument of immunity, but not when the prosecution is triggered by the Security Council.

]]> By: Benjamin Ayali http://blogs.ssrc.org/darfur/2008/07/10/can-the-international-criminal-court-prosecute-president-bashir/comment-page-1/#comment-2734 Benjamin Ayali Tue, 10 Feb 2009 10:52:55 +0000 http://blogs.ssrc.org/darfur/?p=568#comment-2734 I think the challinging scenerio that the ICC found itself in is indicting a sitting head of state, this is when we look largely from medieval moral perspective. The challenge is whether ICC will arrest Bashir and take him to Hague or not and when is what Darfur ctitizens are waiting for. Because as far as justice is concerned the issue of morality is supposed to take secondary position. Indeed the international community is at the crossroad and find lots of difficulties deciding which way to go, but without remorse ICC prosecutor provided that direction. For our planet to be a better place to live in; all criminals must face the law, iam happy, that is what Ocampo is doing right now. If we argue that ICC was a lame duck and by indicting Bashir is trying to regain its credibility, we are looking myopically at the entire political spectrum, Sudanese like any other human beings in the world are yeaning for justice and if the world can't provide that who else can? Those who argue for deferring Bashir's indictment to give room for Darfur peace Talks are looking only at one side of the coin; for some of us the world need not to bend low for Bashir and deny Darfurians justice that they have been keenly looking/waiting for. All the concerns and possibilities raised by other contributors regarding Bashir's indictment is in place; however; justice could not be held hostage because the world is indicting a sitting head of state. In my view the world have to be prepared to handle the aftermath of issuance of arrest warrant to El-Bashir? We need to prepare ourselves as international community and ensure that Bashir faces the law and no more civilian cusaulties. I belief whether Bashir's indictment is deferred or not the sinnister motive of Bashir's plan of tribal cleansing, genocide, murder and torture in Darfur will continue, so why should the world allow such a person to carry out such plan with impunity, and do nothing to stop him. I think the challinging scenerio that the ICC found itself in is indicting a sitting head of state, this is when we look largely from medieval moral perspective. The challenge is whether ICC will arrest Bashir and take him to Hague or not and when is what Darfur ctitizens are waiting for.

Because as far as justice is concerned the issue of morality is supposed to take secondary position. Indeed the international community is at the crossroad and find lots of difficulties deciding which way to go, but without remorse ICC prosecutor provided that direction. For our planet to be a better place to live in; all criminals must face the law, iam happy, that is what Ocampo is doing right now.

If we argue that ICC was a lame duck and by indicting Bashir is trying to regain its credibility, we are looking myopically at the entire political spectrum, Sudanese like any other human beings in the world are yeaning for justice and if the world can’t provide that who else can? Those who argue for deferring Bashir’s indictment to give room for Darfur peace Talks are looking only at one side of the coin; for some of us the world need not to bend low for Bashir and deny Darfurians justice that they have been keenly looking/waiting for.

All the concerns and possibilities raised by other contributors regarding Bashir’s indictment is in place; however; justice could not be held hostage because the world is indicting a sitting head of state. In my view the world have to be prepared to handle the aftermath of issuance of arrest warrant to El-Bashir? We need to prepare ourselves as international community and ensure that Bashir faces the law and no more civilian cusaulties.

I belief whether Bashir’s indictment is deferred or not the sinnister motive of Bashir’s plan of tribal cleansing, genocide, murder and torture in Darfur will continue, so why should the world allow such a person to carry out such plan with impunity, and do nothing to stop him.

]]> By: Saeed M. Adnan http://blogs.ssrc.org/darfur/2008/07/10/can-the-international-criminal-court-prosecute-president-bashir/comment-page-1/#comment-1941 Saeed M. Adnan Fri, 11 Jul 2008 22:57:19 +0000 http://blogs.ssrc.org/darfur/?p=568#comment-1941 Ocampo is indeed in the right track. Turmoil may be triggered by the agents the NSF primed in the most cancerous way throughout its rule. Still holding the indictment of Beshir or high officials would not stop turmoil in its sinister programs. Sudan is already experiencing roguery it never knew, and giving taste of much of it to neighbours and the world. International law is infant, needing jurisdiction that requires authority of international sovereignity, a difficult issue already in scrutiny for international and UN law reforms. But need discloses methods of delegation of power. The globe is getting more interrelated with the speed, precision and volume of information, bringing international security to the brink of severe friction. No longer actions of one sovereign body are solely the concern and authority of that sovereign body, and international codes of ethics have to have teeth, by delegation of rights, otherwise it would end up to grow its own teeth by subjugation by able powers who would no longer stand with tied hands to the immense damage caused by rogues. The ICC has just started to address this very issue, and should sturdily go on, while level headed people of the world, scholars and activists, have to man the spin machine in support. The choice of not recognising the ICC or having an exemption from its laws would die out in due time when its credibility is perceived by the international community. Meanwhile giving up or allowing sliproads serves no purpose than more hurdles for the ICC to overcome in regaining approval, and no one benefits from this except short term beneficiaries, the rogues of today Ocampo is indeed in the right track. Turmoil may be triggered by the agents the NSF primed in the most cancerous way throughout its rule. Still holding the indictment of Beshir or high officials would not stop turmoil in its sinister programs. Sudan is already experiencing roguery it never knew, and giving taste of much of it to neighbours and the world. International law is infant, needing jurisdiction that requires authority of international sovereignity, a difficult issue already in scrutiny for international and UN law reforms. But need discloses methods of delegation of power. The globe is getting more interrelated with the speed, precision and volume of information, bringing international security to the brink of severe friction. No longer actions of one sovereign body are solely the concern and authority of that sovereign body, and international codes of ethics have to have teeth, by delegation of rights, otherwise it would end up to grow its own teeth by subjugation by able powers who would no longer stand with tied hands to the immense damage caused by rogues. The ICC has just started to address this very issue, and should sturdily go on, while level headed people of the world, scholars and activists, have to man the spin machine in support. The choice of not recognising the ICC or having an exemption from its laws would die out in due time when its credibility is perceived by the international community. Meanwhile giving up or allowing sliproads serves no purpose than more hurdles for the ICC to overcome in regaining approval, and no one benefits from this except short term beneficiaries, the rogues of today

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