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| President Bashir of
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Sudan's military dictator was accused of
"genocide" and "crimes against humanity" when
the chief prosecutor of the International
Criminal Court held him responsible for Darfur's
bloodshed.
President Omar al-Bashir, who seized power in a
military coup 19 years ago, is the first serving
head of state ever to face proceedings at the
ICC in The Hague.
Luis Moreno-Ocampo, the Court's chief
prosecutor, accused Mr Bashir of three counts of
"genocide", five of "crimes against humanity"
and two of "war crimes".
Mr Bashir responded by saying he did not
recognise the court and denied committing war
crimes. "From the beginning we said we are not a
member of the court... the court has no
jurisdiction over Sudan," he said, in his first
public reaction to the indictment. "Whoever has
visited Darfur, met officials and discovered
their ethnicities and tribes... will know that
all of these things (including ethnic cleansing)
are lies."
All of the alleged offences were committed
during the war in Sudan's western region of
Darfur, which has claimed at least 300,000
lives. Black African rebels began the fighting
in 2003 when they rose against Mr Bashir's
Arab-dominated regime.
In response, Mr Bashir's forces raised Arab
militias, widely known as the "Janjaweed", or
"demons on horseback", and turned them on
innocent civilians from the tribes who had
provided rebel fighters.
The Fur, Zaghawa and Masalit tribes were the
main victims. Hundreds of their villages were
razed and more than two million people forced
into squalid refugee camps.
During the hearing in The Hague, Mr Moreno-Ocampo
said this amounted to "genocide".
"He [Mr Bashir] wants to end the history of the
Fur, Masalit and Zaghawa people. I don't have
the luxury to look away. I have evidence," said
Mr Moreno-Ocampo. "His motives were largely
political. His alibi was counter-insurgency. His
intent was genocide."
The Prosecutor's office added: "Bashir
masterminded and implemented a plan to destroy
in substantial part the Fur, Zaghawa and Masalit
groups on account of their ethnicity."
Mr Moreno-Ocampo argued that this met the legal
definition of "genocide". However, this is a
controversial view of Darfur's conflict.
Human Rights Watch and Amnesty International
have both reported that Darfur's killings do not
amount to "genocide" because the crucial element
of an intention to eradicate a given ethnic
group has not been proven.
But Mr Moreno-Ocampo said that forcing civilians
to flee into refugee camps scattered across
Darfur's arid landscape was proof of Mr Bashir's
"intent to commit genocide".
The Prosecutor said: "He did not need bullets.
He used other weapons: rape, hunger and fear. As
efficient, but silent."
Sudanese forces and their "Janjaweed" allies
have been accused of mass rape. Mr Moreno-Ocampo
quoted one victim as saying: "When we see them,
we run. Some of us succeed in getting away and
some are caught and taken to be raped –
gang-raped. Maybe around 20 men rape one woman.
These things are normal for us here in Darfur.
These things happen all the time."
In yesterday's hearing before three judges from
the ICC's "pre-trial chamber", Mr Moreno-Ocampo
applied for Mr Bashir to be formally charged and
an arrest warrant issued in the president's
name. The judges will probably take two or three
months to decide on this request.
If they agree, Mr Bashir with be indicted on all
or some of the ten counts. The judges could,
however, rule that the evidence is insufficient
and dismiss the case.
Whatever happens, Sudan does not recognise the
ICC and has vowed never to surrender any
suspects for trial. Carefully organised
demonstrations in support of Mr Bashir have
taken place in Khartoum, with protesters waving
placards denouncing Mr Moreno-Ocampo, a senior
Argentine lawyer, as a "criminal".
Mr Bashir may respond by increasing the pressure
on the international aid effort, which presently
supports at least 2.5 million people in Darfur.
By refusing visas for foreign aid workers and
closing roads to supply convoys, he could
steadily shut down relief work.
With tension growing, the United Nations mission
in the country has told Sudanese officials it
will start pulling all its non-essential staff
out of Darfur.
Its decision came after the deputy speaker of
parliament Mohammed al-Hassan al-Ameen said on
state television that the safety of UN workers
could not be guaranteed.
A new peacekeeping force jointly deployed by the
United Nations and the African Union is
desperately under strength, with only 9,000 of
its 26,000 troops and civilians in Darfur. Mr
Bashir could obstruct the arrival of more
forces.
This will create more suffering among Darfur's
people. Mr Bashir will blame this on the West.