Britain, France Bargain with Bashir Immunity

By Sarah Benczik
Impunity Watch Reporter, Europe

NEW YORK, United States - British representatives to the UN General Assembly this week set off a firestorm of debate when they announced Britain would back immunity for Omar al-Bashir.  British officials hope to exchange immunity from his indictment for war crimes and genocide in Darfur for cessation of fighting in the region, entry of UN forces, and the return of two million refugees.

International Criminal Court (ICC) prosecutor Luis Moreno-Ocampo asked the ICC to issue an arrest warrant for Bashir in July on charges connected to the ongoing genocide in Darfur where, according to Reuters, at least 35,000 people have been killed outright, at least another 100,000 have died due to starvation and disease, and 2.5 million have fled from their homes.  An ICC hearing will begin on October 1, 2008.

Following the British, French President Sarkozy also called on the Sudanese government to end the violence, and announced that if Khartoum authorities "completely change their policy," France would back the suspension by the UN Security Council of indictments handed down against Sudanese leaders by the International Criminal Court.

The UN Security Council has the ability to suspend ICC proceedings, and both Russia and China currently back suspension of the Bashir's indictment.  Both the African Union (AU) and the Organisation of the Islamic Conference (OIC) have also put pressure on the UN Security Council to suspend the proceedings.

UN Secretary-General Ban Ki-moon recently said in a statement that the balance between peace and justice “should never be influenced by the threats and postures of those seeking to escape justice".  Amnesty International criticized the possible suspension of the case and arrest warrants "a dangerous precedent" which could be interpreted by the leaders of other nations accused of war crimes as a sign that "their immunity is always negotiable."

For more information, please see:

The Canadian Press - French president Sarkozy urges reform of capitalist system - 24 September 2008

The Economist - Saving the president - 25 September 2008

Jurist - ICC prosecutor making case for Sudan leader arrest as UN General Assmembly meets - 23 September 2008

Reuters - Sudan dismisses Bashir indictment push - 25 September 2008

Reuters - ICC to query case of Sudan's Bashir next week - 25 September 2008

The Scotsman - Justice the price paid for peace?  It wouldn't be the first time - 25 September 2008

sudantribune.com - Ghana will not arrest Sudan president even if warrant issued - 25 September 2008