If it is indeed Sudan’s plan to “hand over” Mr. al-Bashir,: His trial would be the highest profile in its history. It would be the first time the ICC hears allegations of genocide, a notoriously difficult crime to prove given the need to show genocidal intent.
Complicating matters, numerous high-profile cases, including that of Kenyan President Uhuru Kenyatta, collapsed, while other prosecutions, such as that of former president of Ivory Coast Laurent Gbagbo, led to acquittals. Many believe shoddy investigations were largely to blame. And in 15 years of investigations, ICC officials have never set foot in Darfur, limiting their ability to effectively investigate atrocities committed there. Additional state pressure may be needed to encourage Sudan’s new rulers to give investigators the type of evidence that is necessary for a successful prosecution.ICC justice, however, is no panacea for justice.
Still, after a decade of frustrated efforts to bring Mr. al-Bashir to account, it is nothing short of remarkable that this watershed trial – in The Hague, Sudan, or anywhere – may be imminent.
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