Tuesday, March 17, 2009

THE INTERNATIONAL CRIMINAL COURT


As posted by Dr. Mahathir Mohamad at Che Det on March 16, 2009 7:13 PM

1. The International Criminal Court has issued a warrant of arrest for Omar Hassan Ahmad Al-Bashir, the sitting President of Sudan.

2. The ICC admits that this is the first warrant of arrest ever issued for a sitting Head of State of the ICC.

3. The alleged crime of President Al-Bashir is that he is "suspected" of having co-ordinated the design and implementation of the counter-insurgency campaign or alternatively it is also found that there are reasonable grounds to believe that he was in control of all branches of the "apparatus" of the State of Sudan and use such control to secure the implementation of the counter-insurgency campaign.

4. It is also alleged that he was responsible for;

• Five counts of crimes against humanity : murder - article 7(1) (a); extermination - article 7 (1) (b); forcible transfer - article 7 (1) (f) and rape - article 7 (1) (g); (the fifth is not stated)

• Two counts of war crimes; intentionally directing attacks against a civilian population as such or against individual civilians not

• taking direct part hostilities - article (2) (e) (i); and pillaging - article 8 (2) (e) (v) (the second crime is not given)

5. Apparently it was found that the President did not commit genocide and this charge could not be brought against him.

6. The world is aware of the hatred of the United States for President Bashir and clearly the US would like to see a regime change. Maybe the fact that Sudan has fairly large oil reserves has nothing to do with wanting to remove a recalcitrant Head of State. But maybe it has. Seems that those who have oil who are not compliant will get into trouble with the United States.

7. But the grounds for arrest can also be easily applied to (former President) George W. Bush and (former Prime Minister) Tony Blair. The two are both guilty (proven) of more killings, extermination, forcible transfer and rape by virtue of their having, as Heads of Government, actually co-ordinated the design and implementation of the illegal wars against the Afghanistan and Iraq - countries which cannot be proven to have attacked the US the way the insurgents attacked the Government of Sudan.

8. As Heads of State faced with insurgency the President of Sudan has a duty to act against the insurgents. Of course he must be control. He wouldn't be a responsible Head of State if he left the counter-insurgency measures to others. Since when has it been considered wrong to fight against insurgents? Are Sri Lanka, the Philippines and others also guilty?

9. We are not told what weapons were used by Bashir but Bush and Blair directed the sanctions which killed 500,000 Iraqi children, use of depleted uranium in bombs and shells, instigated a war between Sunni and Shiah Iraqis, killed more than 100,000 "civilian not taking direct part in hostilities," detaining and torturing prisoners outside the law and a host of other crimes against humanity which deserves to get the attention of the ICC; which the ICC should issue warrants of arrest.

10. If President Bashir is considered culpable, then Bush and Blair must be considered even more culpable. Many other Heads of Governments must also be issued warrants of arrests.

11. But the ICC is obviously applying double standards, picking on President Bashir but ignoring the perpetrators of the same crimes by other Heads of Governments. It is the essence of justice that it applies to everyone equally. How can we respect the ICC if it is so obviously biased and openly discriminates between different people?

12. I would warn the Heads of State of other weak countries that they are likely to suffer the same fate as the President of Sudan. It is not necessary that you have done something wrong. If you are a recalcitrant, trumped up charges can be made against you and warrants of arrest issued. You are aware that the United States is bent on effecting regime change everywhere. The ICC will be a good apparatus for this. It will be cheaper than shock and awe invasions.

13. The world must condemn the ICC action because it represents a travesty of justice. If this is allowed to go through, the ICC will become another apparatus of resurgent imperialism of the powerful countries.

14. We are already living in an unjust world. There will be more injustice with the setting up of ICC.