THE INTERNATIONAL CRIMINAL COURT


Dr. Mahathir Mohamad

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.

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