International Criminal Court's Omar al-Bashir headache | IOL News

The International Criminal Court has been trying without success to take custody of Sudan’s Omar al-Bashir for more than a decade. In April, al-Bashir was removed from power, and in June he appeared before a Sudanese court on corruption charges.

Even though the ICC has stopped its investigations in Darfur, the case against al-Bashir continued to trigger several political imbroglios for the court. Pressure on South Africa to arrest the visiting al-Bashir in 2015 led to the country’s near exit from the Court. The ICC ultimately determined not to punish South Africa’s non-cooperation.

From the frying pan into the fire Late last year protesters began assembling in cities across Sudan, calling for al-Bashir’s resignation. Some were killed, others beaten and arrested. Nevertheless the Sudanese authorities also showed restraint, and stories of soldiers protecting protesters against security forces made international headlines.But the euphoria was short lived.

But, conspicuously absent from the listed crimes are atrocities committed in Darfur and elsewhere – in other words the charges the ICC has laid against al-Bashir and four others. This means that local prosecutions will not address the international criminal law violations al-Bashir is accused of. Her request is the immediate handover of al-Bashir and the four associates named in the 2009 arrest warrant.In the present situation, the prosecutor’s articulation of “fighting impunity” rings hollow. This is because cooperation with the Sudanese government to try al-Bashir would mean cooperating with – even possibly legitimising – those who themselves have been implicated in genocide. This is a problem the ICC has faced, and failed, before.

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