Well, as you might see from my recent post on my personal blog, everything in Sudan is up in the air as far as the elections are concerned. Everyone is confused — half of the country is boycotting while the other half is wondering what exactly is being boycotted. I won’t go in to detail here, but now that the elections are getting closer, a few of my favorite news sources have finally picked up some good coverage:
The Economist 4/8/2010
The Economist 4/8/2010 in-depth
NPR 4/9/2010
So check those out, they provide a good background and insight about some of the deepest issues in these elections. Meanwhile, I think one area that is helpful to understand is the ICC indictment of Sudan’s president, Omar Hassan al-Bashir. You might be wondering…”if this guy’s indicted by the International court for war crimes and more, how in the world is it that he is still in the country, still running for re-election, and at this point, actually going to win the election?!”
You were wondering that, right?
Well here’s why. The International Criminal Court was created in 2002, by the ratification by 108 countries of the “Rome Statute”–the treaty that formed the court, its laws and policies. According to the Statue, only the countries who have signed on to the treaty are subject to its laws. This was no problem for a while, because the first handful of indictees were all from countries who had ratified the Statute, therefore they were immediately arrested and/or handed over to the court by their own countries. When the ICC indicted President Bashir (after indicting two other Sudanese leaders), it was the first time they had dealt with a country that was not signed on to the treaty. Therefore, the nation of Sudan, its government, and the indicted members themselves, have no legal obligation to turn anyone over to the court.
The only way that the ICC is going to get their hands on Bashir is if the Sudanese government decides to hand him over (not going to happen), he hands himself over (definitely not going to happen), or he travels to a country that is party to the treaty, and they hand him over (he may be bad, but he’s not stupid). Basically, our only hope is for someone in Sudan’s government to get their act together and oust him and give him to the ICC. And there lies the rub–the way these elections are going, no one else is going to step up in the government to do so, because he will probably be re-elected and remain in power, and the rest of the country will honor that in an attempt to have an agreeable and peaceful referendum for Southern secession in 2011. Sigh. (I’ll cover more on the referendum soon).
Make sense? If you want to dig a little deeper, you can read this research paper I wrote while Bashir was being considered for indictment. It covers a lot of the policies of the ICC and some of their other Sudanese and African cases.
Coming soon – election updates, perspectives from people on the ground in Sudan, and explanations (okay…and maybe opinions) of the CPA and referendum for secession. Keep praying for peace in Sudan.