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THE INTERNATIONAL CRIMINAL COURT


By 

Dr. Mahathir Mohamad 

on March 16, 2009 7:13 PM | Permalink
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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. 

 

 

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