On July 14th 2008, Sudan's President Omar Hassan al-Bashir made history: he became the first sitting head of state to be indicted by the International Criminal Court (ICC).
The ICC charged the Sudanese leader with three counts of genocide, five counts of crimes against humanity, and two counts of murder. He was accused of running a campaign of genocide that had afflicted Sudan's western Darfur region for more than four years; killing 35,000 people outright, at least 100,000 through 'slow death' and forced 2.5 million to flee their homes. Overall the United Nations put the death toll to roughly 300,000.
As expected, President Bashir shot back at the ICC, accusing the international institution of orchestrating an imperialist witch-hunt of African nationalist leaders. The Sudanese government swore never to let their leader get arrested.
Regrettably, Sudan’s position was supported by African governments, who at the conclusion of the African Union Summit in Sirte, Libya, released a resolution stating that AU member states shall not cooperate with the ICC regarding the arrest and surrender of President Omar al-Bashir.
Clearly, the position taken by AU member states ignored the plight of millions of women, children and men that have been victims of Sudan’s violence. Rather, it put the AU on the precarious side of one individual accused of mass murder.
Despite this absurdity, the fact remains that the AU resolution can’t erase the legal obligations of the 30 African countries which have ratified the ICC treaty, including Uganda.
The ICC is a permanent tribunal that prosecutes individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. The court came into being on 1 July 2002 when the Rome Statute of the International Criminal Court entered into force. As of October 2009, 110 states were members of the Court, and a further 38 countries had signed but not ratified the Rome Statute.
Uganda ratified the Rome Statute on 14th June 2002 as state party number 68, thereby binding itself to ICC obligations, among which is to cooperate in arresting and surrendering indicted suspects. President Museveni’s stance to invite Bashir to attend the AU summit on refugees due to be held in Uganda therefore contravenes the ICC Rome Statute.
In case the President doesn’t know, not cooperating with ICC’s indictment of Bashir isn’t a choice for Uganda as an ICC member state! And not cooperating should and will bring hefty consequences! Uganda gains nothing by shielding Bashir from capture; but it stands to loose if it joins the ranks of belligerent African countries that are bent on abrogating their international obligations. We could be isolated internationally through economic or political sanctions; ICC – which amazingly at the moment is handling the Joseph Kony case of as per Uganda’s request could black-list us.
But I doubt that President Museveni as a person would suffer any pain in the event of international isolation; his sustenance would continue to be met from state coffers. Evidence from Zimbabwe attests to this argument. On the other hand, the ordinary mwanainchi, whose well-being (health, production, education, name it) is well linked by how much aid flows from the international community will without doubt be the one to feel the pinch in the event of international isolation.
Only one type of sanction can hurt President Museveni as a person: an international travel ban imposed on him. It won’t take him long to succumb to the reality of ICC member states closing their airspaces, and refusing landing rights to his Presidential jet! Such a sanction will be effective in getting Museveni to comply with ICC obligations, yet too targeted to affect the ordinary mwanaichi.
The ICC is designed to exercise its jurisdiction across 110 countries. While Museveni may opt not to cooperate with ICC, he should know that in addition to damaging his own reputation, it won’t completely save his colleague Bashir from The Hague. Like other indicted war crimes suspects before him, he will eventually be extradited to The Hague.
Published in Daily Monitor on 19th October 2009: http://allafrica.com/stories/200910190584.html
