ICC Indictment: let President al-Bashir prove himself

By Roba Gibia

July 21, 2008 — Since when the Darfur crisis erupted in 2003 especially after attack on El Fasher airport and other military posts in Darfur, the Khartoum government never wasted a minute in arming Arab tribes, Popular Defense Forces and army reserves in order to deal with the Darfur insurgency, but outrageously enough the military campaign was not directed only against insurgency but to all penury Darfurian civilians regardless as whether they were elderly or children or women. And that was the commencement of Khartoum’s merciless and genocidal crimes against humanity in Darfur, where the entire villages were burnt down and the international community were barred from entering Darfur to assist the internal displaced people, with pretext that it is Sudan’s internal problem which was widely supported by the Arab countries. Khartoum government started committing crimes against its own people with absolute impunity in South Sudan during the Anya-nya I, II and SPLA/M movement and consequently in Darfur, was in my own view just like when big fish (Shark) feels that there is imminent danger threatening its existence or life. Thus, the reprisal was the arbitrary and well organized massacre or extermination of the total small fishes that do not comply and consent with the big fish’s discriminative ideology. Therefore, the situation in Darfur was left to deteriorate till the entire population in Darfur were uprooted and driven out of their villages to displaced camps, and were depending solely on the international aid.

Khartoum government continued to commit atrocities against humanity and at same juncture continues to deny that there is no problem in Darfur, and termed what is happening in Darfur as bandits and tribal conflicts between the tribes over the grazing areas and water, which many of ingest minded Khartoum’s cronies believed. When the crisis in Darfur reached its peak and it was described by the international community that Rwanda two is taking place in Darfur, and the world is watching there was not single horrific footage of Darfuris suffering displayed on the Sudanese TV and media which is controlled by the government. There were not even organized Sudanese public rallies in support of their brothers and sisters in Darfur, but instead there were protests against foreign intervention in Darfur. But when the big fish panics and becomes restless after accusation of ICC prosecutor, the small fishes were vehemently mobilized against their will to back the big fish. I think time has come for the big fish to taste at some degree the flavor of living in panic and terror, till when three judges say their words within three months period as whether the provided evidences are strong for the big fish to appear before the ICC.

The Southern Sudanese people had been living in absolute panic and fidgety for more than half century and especially under the NIF/NCP rule, where more than three million people perished in South, but no one was held accountable because there is no justice in Sudan. The Bashir’s crime against humanity in Darfur was the continuation of its inhumane deeds in South Sudan. Thus, Khartoum government believes that she will continue to commit crimes with impunity from one hand, and from the other she will continue to deceive and bar the entire world from what is happening on ground in Darfur like it was in South Sudan. Hence, despite president Bashir’s government fear and denial in internationalizing Darfur crisis, but the magnitude of the situation has internationalized itself, because it is one of the largest humanitarian operations in the world at the twenty first century which has been witnessed with heavy deployment of joint AU and UN peace keeping forces in the region.

Therefore, in my view, the Khartoum government has to confess that they never dealt appropriately with Darfur crisis, but instead handled Darfur crisis on selective and discriminative basis, which is Arabs versus black Africans. President Bashir confessed that nine thousand people died in Darfur since when the crisis erupted in 2003, and this can constitute enough evidence for his indictment. Beside that his vice president Ali Osman Taha who is believed by many analysts as the chief architect of the war in Darfur said in an interview “Nobody would say that we have been perfect in handling Darfur. In war, things happen that are outside of the normal. In such a complex situation, there would be gaps and shortcomings, and one wishes that this chapter in Sudan’s history had not taken place”. This is confession of one of the top and powerful Bashir’s government officials, who deserted Nairobi negotiations and returned to Khartoum to launch his devastating plans as how to deal with Darfur crisis.

The Khartoum government has been persistently hanging Sudan’s problems on the western community or what they call Zionist alliance and their supporters. Anyone in Sudan who spells out the truth and opposes NIF/NCP policies, are traitors and fifth columnists. But when Osama bin Laden called on the entire Muslims around the world and especially Al-Qaeda elements to head to Sudan’s Darfur to fight the pagans and enemies of Islam, it was considered legitimate and just by the Khartoum military juntas. President Bashir has been talking and reiterating to export ethics, values and justice to the western countries, while in actuality there is no freedom of press and self-expression, respect to the human dignity and justice in Sudan. Thus, you cannot claim to export any single product unless there is surplus or can’t assert to export values and justice unless principles and fairness prevail in your small family and at the large family which is the total country, and there is no room for the insincerity at this juncture but the truth. More than three million people were slaughtered in South Sudan and more than five million people were uprooted and driven out of their homes and villages with absolute impunity, which happened on the watch of President al-Bashir. Thus, if the Sudanese peoples need the peace, stability and prevalence of justice, then all those who committed crimes in Sudan against humanity, should appear before the International Criminal Court.

There are regional voices and even from within Sudan saying that the indictment of President Bashir by ICC will create a power vacuum in Sudan and it will endanger the CPA implementation and risks to create chaos in the country, and chances of reaching peaceful settlement in Darfur. In my opinion, these are all speculations which has got no ground at all but rather it encourages ruling elites in Khartoum to sabotage the signed agreements with pretext of Bashir’s indictment. Thus, those voices have to understand that Bashir is just accused and is still innocent till proven to be guilty. And it is outrageous to blockade the course of justice on emotional and bias basis, let President al-Bashir prove himself if he believes that he is innocent. The comprehensive peace agreement was not signed between individuals but institutions and parties, and if it had to be between individuals, the CPA should have collapsed upon the death of Dr. John Garang de Mabior! Therefore, the country doesn’t depend on one person but on the country’s institutions and the structure of the governing body and its constitution. Sudan has got two vice presidents, legislative assembly and the interim constitution to govern the country under any circumstances. Therefore, it is ridiculous to say that the indictment of al-Bashir by ICC prosecutor will create power vacuum and endanger CPA.

Therefore, these voices and positions seem to be contradicting by the reality of what we are attending in the country. Thus, if we look back at the history of National Islamic Front (NIF), first they overthrow the elected government of Sadiq al-Mahdi because the country was going to hold a constitutional conference to abrogate the Islamic legislation and to sign a peace treaty with SPLM. And that was obvious if we could recall Dr. John Garang de Mabior had reiterated that there will be no peace with the Sharia law, while NIF had pledged to eradicate the SPLM movement and to re-establish the Islamic Penal Code of Nimeri. Also we have to remind ourselves that NIF accepted to negotiate and reach an agreement with SPLM as result of international pressure, and eruption of Darfur crisis in which Khartoum wanted to re-organize and concentrate its forces to deal with Darfur insurgency.

Since the death of Dr. John Garang the NIF/NCP has been hindering the implementation of CPA and even wanted to re-negotiate it, and Abyei is a typical demonstration of NCP intentions. As we talk today, there is no real peace and even Darfur Peace Agreement (DPA) is not implemented. The same issue applies to the deployment of heavy UN peace keeping forces in Darfur. Khartoum accepted it after more than a year of opposition and even after their acceptance under the international pressure, you see how they obstruct the deployment of these forces while the violence have surged, and the Sudan Armed Forces together with pro-government militias have paralyzed the humanitarian aid efforts.

Therefore, you can see as how Bashir’s regime is an anti-peace force, and since 1989 disseminating violence of murder, hunger has become the most predominate feature of the country, as there are more than three million Darfuris are depending on foreign aid. Thus, in short this regime has done harm and more destruction to the Sudanese people, as it is same regime devastated South Sudan and still plundering its wealth, fueled Darfur crisis by turning Arab tribes against African tribes in Sudan. The regime is not ready for democratic transformation of the country, but rather it wants to remain in power to suck the blood of penury Sudanese people whatsoever it costs. Most of the Sudanese and especially the African tribes are aware of the regime’s fundamental project, that is the inception of the Islamic State which is the biggest threat to the peace and political stability in the country, but not the indictment of the president al-Bashir will jeopardize the CPA and turn the country into chaos.

The Vice President Ali Osman Taha on July 14, 2008 rejected ICC prosecutor’s accusation against President al-Bashir saying that it is null and false, but has forgetting at least at this juncture that he is needed by ICC tomorrow. On interpretation or outlining the main reasons for the Darfur crisis, Ali Osman Taha gave lame reasons that the conflicts in Darfur started before Bashir’s coming to power, which is tribal conflicts in its nature and it is conflicts between the tribes over the grazing areas and water. Ali Osman Taha failed to underline the real reasons for Darfur crisis which are the selective marginalization, discrimination on color basis, uneven distribution of wealth and lack of developmental projects and its concentration in Khartoum. What captured my attention during Ali Osman Taha’s press conference was his insistence in terming al-Bashir’s government “system”, saying that the system which is headed by Bashir rejects ICC accusation and will not handover anyone or any of Sudanese national to the ICC. Taha’s insistence to term Bashir’s government as system rather than administration has got strange or dubious impact and poses lots of queries to Taha’s fidelity, because it is widely known that the word “system” is normally referred to describe dictatorial or imposed governments!

Roba Gibia, a Sudan Tribune journalist, is the author of John Garang and the Vision of NEW SUDAN. He can be reached at [email protected]