It is the time if not too late for handing over Omer al-Bashir to the ICC at The Hague
لقد حان الوقت إن لم يفت الأوان لتسليم عمر البشير إلىالمحكمة الجنائية الدولية في لاهاي
By Mahmoud A. Suleiman
This article comes against the backdrop of the fact that Thursday the 4th of March 2021 has marked the 12thAnniversary of the first arrest warrant issued by the International Criminal Court (ICC) at The Hague against Omer Hasan Ahmed al-Bashir the former President of the Sudan for the heinous crimes he had committed against the Sudanese civilian citizens, mainly belonging primarily to the Fur, Masalit and Zaghawa groups, acts of murder and extermination took place across large swathes of the territory of the Darfur region and he remained fugitive from the International Justice since the 4th of March 2009. At the PRE-TRIAL CHAMBER I of the International Criminal Court, al-Bashir was indicted for the First Indictment by Mr Luis Moreno Ocampo; the Chief Prosecutor of the ICC was for the committing of 2 war crimes and 5 crimes against humanity. The ICC Prosecutor’s statements went on sayingtherefore that there are reasonable grounds to believe that, from soon after the April 2003 attack on El Fasher airport until 14 July 2008, GoS forces, including the Sudanese Armed Forces and their allied Janjaweed Militia, the Sudanese Police Force, the NISS and the HAC, committed crimes against humanity consisting of murder, extermination, forcible transfer, torture and rape, within the meaning of articles 7(1 )(a), (b), (d), (f) and (g) respectively of the Statute, throughout the Darfur region;CONSIDERING that there are reasonable grounds to believe that Omar Al Bashir has been the de jure and de facto President of the State of Sudan and Commander-inChief of the Sudanese Armed Forces (SAF) from March 2003 to 14 July 2008, and that, in that position, he played an essential role in coordinating, with other high-rankingSudanese political and military leaders, the design and implementation of the abovementioned (GoS) counter-insurgency campaign. further, that the Chamber finds, in the alternative, that there are reasonable grounds to believe: (i) that the role of Omar Al Bashir went beyond coordinating the design and implementation of the common plan; (ii) that he was in full control of all branches of the “apparatus” of the State of Sudan, including the Sudanese Armed Forces (SAF) and their allied Janjaweed Militia, the Sudanese Police Force, the National Intelligence and Security Services (NISS) and the HAC; and (iii) that he used such control to secure the implementation of the common plan;https://www.icc-cpi.int/CourtRecords/CR2009_01514.PDF
For the abovementioned reasons, the (ICC) indicated that there are reasonable grounds to believe that Omar Al Bashir is criminally responsible as an indirect perpetrator, or as an indirect co-perpetrator,11 under article 25(3)(a) of the Statute, for: i. intentionally directing attacks against a civilian population as such or against individual civilians not taking direct part in hostilities as a war crime, within the meaning of article 8(2)(e)(i) of the Statute; ii. Pillage as a war crime, within the meaning of article 8(2)(e)(v) of the Statute; iii. murder as a crime against humanity, within the meaning of article 7(l)(a) of the Statute; iv. extermination as a crime against humanity, within the meaning of article 7(l)(b) of the Statute; v. forcible transfer as a crime against humanity, within the meaning of article 7(1 )(d) of the Statute; 11
FOR THESE REASONS, HEREBY ISSUES: A WARRANT OF ARREST for OMAR AL BASHIR, a male, who is a national of the State of Sudan, born on 1 January 1944 in Hoshe Bannaga, Shendi Governorate, in the Sudan, member of the Jaàli tribe of Northern Sudan, President of the Republic of the Sudan since his appointment by the RCC-NS on 16 October 1993 and elected as such successively since 1 April 1996 and whose name is also spelt Omar al-Bashir, Omer Hassan Ahmed El Bashire, Omar al-Bashir, Omar al-Beshir, Omar el-Bashir, Omer Albasheer, Omar Elbashir and Omar Hassan Ahmad el-Beshir.
The foregoing statements have been done in English, Arabic and French, the English version being authoritative. Judge Akua Kuenyehia Presiding Judge Anita Usarka Dated this Wednesday, 4 March 2009 At The Hague, The Netherlands No. ICC-02/05-01/09 Judge Sylvia Steiner 8/8 4 March 2009.https://www.icc-cpi.int/CourtRecords/CR2009_01514.PDF
Omar Hassan Ahmad Al Bashir President of the Republic of Sudan since 16 October 1993 at time of warrants. Arrest warrants: 4 March 2009 and 12 July 2010 Charges: five counts of crimes against humanity: murder, extermination, forcible transfer, torture, and rape; two counts of war crimes: intentionally directing attacks against a civilian population as such or against individual civilians not taking part in hostilities, and pillaging; three counts of genocide: by killing, by causing serious bodily or mental harm, and by deliberately inflicting on each target group conditions of life calculated to bring about the group’s physical destruction, allegedly committed at least between 2003 and 2008 in Darfur, Sudan. https://www.icc-cpi.int/darfur/albashir
Despite the aforementioned decisions issued by the International Criminal Court (ICC) since the fourth of March 2009, Omar Hassan Ahmed Al-Bashir remained a fugitive from international justice and was not transferred to the International Court at The Hague, in the Netherlands, despite the outbreak of the glorious December 19th 2018 Popular Sudanese Revolution that echoed chanting slogans: (Freedom, Peace and Justice); and his imprisonment in a Reformatory institution for the infirm elderly criminals. He was accused of financial corruption, as large sums foreign currencies were found in his home. Furthermore, none of his criminal entourage has been arrested yet. Some of them have found way out to flee abroad. Thus, Omar Al-Bashir and his entourage are still remaining free and fugitive from theinternational justice. The Transitional post December Revolution Government has an unaccomplished duty to handover Omer Hassan Ahmed al-Bashir and other indictees to the (ICC) today before tomorrow. The foregoing continued despite the earlier visit of the former ICC Prosecutor Miss Fatou Ben Soda to Khartoum before she has been replaced by the new ICC Prosecutor barrister Karim Khan, the former British barrister who has been elected ICC’s new chief prosecutor. A British QC has been elected as the new chief prosecutor for the international criminal court in an election by the court’s 131 member states at the UN in New York.
Despite all the foregoing, the path to a just and sustainable peace is elusive in Sudan, despite the Glorious December Revolution.
Sir Desmond Mpilo Tutu OMSG CH GCStJ theSouth African Anglican cleric and theologian, known for his work as anti-apartheid and human rights activist has been quoted as saying: (If you are Neutral in Situations of INJUSTICE, You have Chosen the Side of the OPRESSER). https://www.google.com/search?q=quotes+about+injustice&rlz=1C1OKWM_enGB936GB936&sxsrf=ALeKk00fO5ec8Rd-WjeLIil7higeCH78Sw:1615037034407&tbm=isch&source=iu&ictx=1&fir=2bsA1eGhV5BuXM%252CmLHTFvf-PNuBgM%252C_&vet=1&usg=AI4_-kTnzh0EUEtyenhKz96vpSpMDitjPg&sa=X&ved=2ahUKEwjmk_Dl4ZvvAhXST8AKHQZcDTAQ9QF6BAgHEAE&biw=1366&bih=657#imgrc=2bsA1eGhV5BuXM
Dr. Mahmoud A. Suleiman is an author, columnist and a blogger. His blog is http://thussudan.wordpress.com/