/ 4 March 2009

Al-Bashir tells ICC to ‘eat’ arrest warrant

Sudanese President Omar al-Bashir told the International Criminal Court (ICC) on Tuesday to ”eat” the arrest warrant it is expected to issue against him on Wednesday for war crimes committed in Darfur.

Al-Bashir, who will become the first head of state sought by the permanent court, made a defiant speech in front of thousands of people who burnt an effigy of the ICC chief prosecutor, Luis Moreno-Ocampo, on Tuesday.

”They will issue their decision tomorrow … this coming decision, they can prepare right now: they can eat it [the warrant],” said al-Bashir at the opening of the Merowe hydroelectric dam in northern Sudan.

Tension has been rising in Sudan ahead of the announcement. Human rights campaigners say the warrant or summons for al-Bashir to go on trial in The Hague would send a strong message about ending impunity, and pressure the government to seek a swift and peaceful end to the six-year conflict in Darfur.

But there are concerns that al-Bashir’s regime will retaliate against foreigners and local opposition groups. Western embassies, aid agencies and the United Nations, which has more than 26 000 peacekeepers in the country, have all made contingency plans in case of violence or expulsion orders.

Sudan does not recognise the ICC and has said that it will not hand al-Bashir over for trial.

The charges against al-Bashir have proved controversial, both for their content and their possible ramifications.

In requesting the arrest warrant last July, Moreno-Ocampo charged al-Bashir with 10 counts of genocide, war crimes and crimes against humanity.

He is accused of ”masterminding and implementing” a counterinsurgency campaign designed to destroy the Fur, Marsalit and Zaghawa ethnic groups, which were deemed supportive of a rebel uprising in Darfur in February 2003.

According to the ICC prosecution documents, al-Bashir’s strategy caused 35 000 violent deaths.

But genocide is extremely difficult to prove, and even among human rights experts there is no consensus that it occurred in Darfur. Some analysts believe that the ICC will only push forward with the charges of war crimes and crimes against humanity.

Within Sudan, al-Bashir’s indictment has increased the pressure on his ruling National Congress party, which faces an election this year. Senior ministers have warned that the ICC’s action could trigger a rise in Islamic extremism, and attacks on foreigners in the country.

Increased tension along the border with Chad, which, like Sudan, sponsors rebel groups to destabilise its neighbour, has raised the UN’s concern in recent days. In south Sudan, there are worries that the political uncertainty could threaten the peace agreement that ended a war there in 2005.

But the government has also been giving assurances to Western diplomats that the ICC decision will have no effect on national policies. Fouad Hikmat, Horn of Africa director at the International Crisis Group, said that the court might choose to issue a summons for al-Bashir, keeping the warrant as a ”stick” if there is no quick progress in Darfur. He said the fears of an extreme reaction in Khartoum could have been overplayed.

”There will be demonstrations against the ICC to let off steam, but I think the government is going to react to this as if the court does not exist. They will continue their business as usual, many will even try to engage the international community a bit more.”

Al-Bashir has received support from the African Union and Arab states that have urged the court to postpone the arrest warrant in the interest of peace.– guardian.co.uk