Thoughts and Actions RE: ICC Warrant for Bashir

As I writing this, developments keep breaking so if the tone shifts constantly, I apologize, but I am constantly going between outrage and concern over this situation. As many of you have read or seen this morning, the International Criminal Court has issued an arrest warrant for the Sudanese President Omar al-Bashir for war crimes and crimes against humanity. My first reaction is of joy that international justice is finally being served that Bashir will be further made a pariah for the crimes he has committed against the people of Darfur. Furthermore as many experts, including the ENOUGH Project’s John Prendergast and Omer Ismail, point out that justice while important on its own can also be used as leverage to force Bashir’s National Congress Party to seriously engage in peace talks to bring an end to the violence.

Immediately, though, I feel concerned that we will again miss our opportunity to change the tide in Sudan. In July of last year, chief prosecutor Luis Moreno Ocampo announced he had submitted a request to the ICC judges for a warrant against Mr. Bashir, the international community and specifically the US issued weak statements of support for justice while the African Union spearheaded an effort to block justice exploiting article 16 of the Rome Statute expressing that the Security Council could defer an investigation for the cause of peace. While no such deferral occurred, the counter-response again was weak and slow.

Sudan expert Alex de Waal told the BBC the indictment is "pretty toothless" as the ICC does not have a police force. I fear that de Waal will be proven right if we continue to be slow to act as an international community. He is correct in saying that the ICC is toothless because a lack of a police force, but I would argue that we can give the ICC teeth by following its actions with strong words and actions of our own. Mr. Bashir in the past has seemed primarily concerned with two goals, bringing greater legitimacy to his regime through normalization with the United States and development through oil primarily through trade with China among other partners. Bold statements and actions by the United States would encourage other nations to follow suit and to further brand the National Congress Party government a rogue government that should be made into an international pariah.

Now is the time to renew our commitment to peace, protection and justice in Sudan. We must push for greater efforts to ensure full deployment of the United Nations African Union hybrid peacekeeping force (UNAMID) including needed tactical helicopters. In addition we must put whatever pressure possible, economic, political and perhaps even military on the President Bashir to keep humanitarian operations in Darfur to ensure the survival of millions of Darfuris. Finally, the US needs to play a more robust role through a special envoy to reinvigorating a peace process that will eventually bring the genocide to an end and should be Mr. Bashir’s only possible saving grace.

Therefore I suggest the following actions should be taken as soon possible: (I have not yet seen any action alerts by the US-based advocacy organizations. As soon as they are, I will either add them to the list or replace my list with theirs.)

1. A strong statement from one or all President Obama, US Ambassador to the United Nations Susan Rice and/or Secretary of State Clinton repeating in unequivocal terms our support of the ICC investigation, the peace process and UNAMID’s peacekeeping operation.

2. Along with this statement or immediately following it the US must being the process of appointing a special envoy to Sudan with the appropriate support and staff necessary to manage the current situation and bring about the peace process to end the genocide.

3. A statement by Secretary Gates or the Defense Department either publicly or to congress about the status of the Missing Assets Taskforce, a taskforce within the DOD to work with allies on finding helicopters for UNAMID. These efforts must reinvigorated as soon as possible.

4. Congress should pass resolutions echoing the above efforts. Members of congress, especially those on the appropriate committees, should urge Secretaries Clinton and Gates to take the prescribed actions. Once an envoy is appointed, confirmation should happen as quickly as possible.

5. Any additional sanctions that can be made on members of the National Congress Party, especially those with ICC warrants must be issued until humanitarian aid is fully restored.

6. Secretary Clinton and Ambassador Rice should immediately push for additional multilateral sanctions until humanitarian aid is fully restored.

I hope someone more qualified steps up soon to replace or improve this list, but until I urge you to help lay the ground work and call your representative, senators, the White House and/or State Department immediately. You can reach all these offices by calling 1-800-GENOCIDE (800-436-6243). You can also find mailing addresses for your elected officials at www.congress.org.

Our officials must be overwhelmed by our response and join in our outrage over this genocide. Please act now.