There's a whole world out there, Part Four

On Monday, Luis Moreno-Ocampo, chief prosecutor for the International Criminal Court, requested an arrest warrant for Sudanese President Omar al-Bashir, accusing him of genocide, crimes against humanity, and war crimes.

It was a fitting way to celebrate the 10th anniversary of the adoption of the Rome Statute, which created the ICC, which was on Thursday.

"Our hope is that, by punishing the guilty, the International Criminal Court will bring some comfort to the surviving victims and to the communities that have been targeted," then Secretary General of the United Nations Kofi Annan said on the historic day in 1998. "More important, we hope it will deter future war criminals, and bring nearer the day when no ruler, no state, no junta and no army anywhere will be able to abuse human rights with impunity."

The Court has no police force and depends on international cooperation to work, which of course drastically limits its effectiveness. Still, if nothing else it carries great moral force, sufficiently great that the Shrub gang had to offer some words of praise for Moreno-Ocampo, even though they're loath to give any legitimacy to the Court and Bush refuses to sign the relevant treaty - because, it would appear, they fear the Court might turn its sights on them, as they certainly are legitimate targets.

But no good deed goes unpunished or at least uncriticized, and the Very Serious People among the international diplomatic corps immediately started tut-tutting and harrumphing about how this would interfere with the Very Serious Work of negotiating progress toward an end to the violence in Darfur. At such a moment, it can legitimately be asked, what negotiations? What progress? This has just dragged on for years. After all, the charges against Bashir are hardly new:

In 2004, UN Commissioner for Human Rights Bertrand Ramcharan accused Sudan of a "scorched earth policy" and "repeated crimes against humanity." In 2005, the next UN High Commissioner for Human Rights, Louise Arbor, described "a climate of impunity" for Sudanese police and soldiers in Darfur. In March 2007, a team headed by Nobel Peace Prize laureate Jody Williams reported to the UN Human Rights Council that

millions are displaced, at least 200,000 are dead, and conflict and abuse are spilling over the border into Chad. ... Killing of civilians remains widespread, including in large-scale attacks. Rape and sexual violence are widespread and systematic. Torture continues. Arbitrary arrest and detention are common

as were other human rights crimes. What's more, disarmament of government-supported militias, promised nearly three years earlier, had yet to occur.

And last September, I noted that Bashir's record of keeping his promises - including abiding by ceasefires - does not inspire confidence. So forgive me if I'm not too moved by the suggestions of the Very Serious People that Moreno-Ocampo should keep out of their way.

If you want another reason, consider that Moreno-Ocampo knows how to play the prosecutor's game: Bashir

might escape war-crimes charges if he brings to justice two men suspected of mass killings, Western envoys said on Wednesday. ...

Western diplomats say it is too early to discuss a [UN Security C]ouncil suspension of any ICC indictment but added that Moreno-Ocampo made it clear a messy situation can be avoided if Khartoum were to change its behaviour on earlier ICC charges.

They say Bashir could escape indictment if he ended what they see as impunity for two men the ICC charged last year over Darfur. Khartoum has not handed them to the court or started legal proceedings in Sudan to investigate the allegations.

The two are Humanitarian Affairs Minister Ahmed Haroun and former Janjaweed militia commander Ali Kushayb.

"[Bashir's] refusal to cooperate in bringing to justice those that the ICC thought were responsible for the actual killings on the ground adds force, adds evidence to the allegation of [his] command responsibility for those killings," [one senior] diplomat said.

"Now, were the situation to change, the prosecutor's attitude might change." Other envoys confirmed this view.

In other words, this might be an attempt to turn Bashir to get him to give up the other two. "I'm willing to deal," Moreno-Ocampo could be saying. "Make me an offer."

Fortunately, despite the tsk-tsking, diplomats also acknowledged that the ICC is independent and its work should not be hindered by diplomatic pressure. Which is also fortunate for the diplomats' egos, as Moreno-Ocampo shows no signs of backing down, saying on Thursday that he intends to proceed with charges against Bashir, bluntly rejecting the notion that he should be confined by political considerations.

His request for an arrest warrant now goes to a three-judge panel, which is not expected to rule before the fall. The text of his application for the warrant, including the background of the charges, is in .pdf format at this link.

Footnote: The mandate of the UN peacekeeping force in Darfur expires the end of the month. Britain has circulated a draft resolution calling for it to be continued another 12 months and for the rapid deployment of the full contingent: Only 9,500 of a planned 26,000 are there due to interference and foot-dragging by Khartoum.