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China warns ICC action in Darfur would be 'disastrous'

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The Chinese government on Wednesday warned that pressing war crimes charges against Sudanese President Omar Hassan al-Bashir in the International Criminal Court (ICC) would have "disastrous" consequences on the implementation of a peace process in Darfur. Citing fears that an indictment would limit Bashir's legitimacy in negotiations and that Sudan may evict UN peacekeepers in retaliation, Liu Guijin, the Chinese Special Representative on the Darfur Issue, has been meeting with other members of the UN Security Council to garner support for an Article 16 resolution to delay the prosecution for at least a year. China said it had no plans to propose the postponement of the trial, saying instead that a motion from one of the Security Council's African members would be more appropriate. Rights groups, including Human Rights Watch (HRW) and the Save Darfur Coalition, have alleged that China's reluctance to pursue prosecution is motivated by their economic interests in Sudan. ICC Chief Prosecutor Luis Moreno-Ocampo applied for an arrest warrant for Bashir in July, charging him with genocide, crimes against humanity, and war crimes. The warrant was condemned by the Arab League and criticized by South African President Thabo Mbeki. In December, ICC judges gave Moreno-Ocampo until January 26 to provide supplemental information about a September 2007 attack on an African Union base in Haskanita. The events at the ICC were preceded by a Security Council statement in June urging Sudan to work with the ICC to "put an end to impunity for the crimes committed in Darfur." Sudan is not a party to the ICC, but must cooperate to fulfill its obligations under Council Resolution 1593, which established jurisdiction over the Darfur situation. Hundreds of thousands of people have allegedly been killed in Darfur by Sudanese military and janjaweed militia forces.

Full post as published by JURIST - The Paper Chase on January 08, 2009 (boomark / email).