Social Science Research Council
Ocampo vs Bashir: A Guide to the Controversy
On Monday, the Chief Prosecutor of the International Criminal Court, Luis Moreno Ocampo, will ask the Court to indict a very senior official of the Sudan Government—most probably President Omar al Bashir himself.
Moreno Ocampo is taking a bold and momentous step for global human rights and for Sudan. It is also controversial and fraught with danger. Will this be a historic victory for human rights, a principled blow on behalf of the victims of atrocity against the men who orchestrated massacre and destruction? Or will it be a tragedy, a clash between the needs for justice and for peace, which will send Sudan into a vortex of turmoil and bloodshed?
Over the last month, this blog has hosted a debate on the imminent indictment, which has attracted diverse contributions by scholars and experts. Contributors have diverse opinions and have provided arguments from different disciplines and perspectives. In pursuit of its aim of providing social science expertise on matters of immediate import, the SSRC has hosted this debate as a resource for those interested in delving deep into the complexities of the issues that confront Sudan, the ICC and the United Nations. This posting provides a guide to the main strands of the debate.
Read the rest of our Guide to the Controversy.
The Debate
- Conflict Management and Opportunity Cost
October 8th, 2008, by David Lanz - Illiquid, Toxic and Not an Asset: End the ICC’s involvement in Sudan
October 5th, 2008, by Dr Hassan Haj-Ali & Ibrahim Adam (3 Comments) - Africa’s Position on the ICC
September 23rd, 2008, by Alex de Waal (5 Comments)
The AU Peace and Security Council makes clear its opposition to the arrest warrant and its unhappiness with the ICC. - Khartoum Should Not Count On an Article 16 Deferral of the ICC
September 18th, 2008, by Alex de Waal (6 Comments)
Sudan should not count on an Article 16 deferral at the UN Security Council. The diplomatic maneuvers and rumors do not add up to a coherent plan to stop the ICC indictment of President Omar al Bashir from going ahead. - The Day of Justice
September 11th, 2008, by Abdalbasit Saeed (2 Comments)
The day when the ICC issues the arrest warrant may be the moment of truth for Sudan--the day when the country fails. - Repercussions of Warrant Arrest against President Al-Bashir
September 11th, 2008, by El Tahir Adam El Faki (1 Comment)
A leading JEM member argues that, whatever the dangers of the ICC indictment, the dangers of inaction are worse. - Ocampo’s Darfur Strategy Depends on Congo
September 4th, 2008, by Phil Clark
The Prosecutor's indictment of Pres. Bashir is a high-risk strategy to sustain the jeopardized credibility of the Court, threatened by mis-steps in the DRC. - Are Serving Heads of State Immune from ICC Prosecution?
September 2nd, 2008, by Dapo Akande
Under most circumstances, a head of state cannot be prosecuted, but there are reasons to suppose that the case of Sudan may be an exception. - Africa’s Challenge to the ICC
September 1st, 2008, by Alex de Waal (1 Comment)
The ICC is evolving in a different, more political direction than its founders imagined, and the debate over an Article 16 deferral highlights how this is so. - Justice for Whom? The ICC in the Central African Republic
August 20th, 2008, by Louisa Lombard (1 Comment)
Analysis of the ICC's involvement in CAR and the arrest of Jean-Pierre Bemba shows the limitations and clumsiness of the Court's strategy. - Moreno Ocampo’s Coup de Theatre
July 29th, 2008, by Alex de Waal (12 Comments)
A personal reaction to the July 14 press conference in the Hague--which was more an instance of public drama than law. - The Politics of an Arrest Warrant
July 23rd, 2008, by Suliman Baldo (1 Comment)
A Sudanese rights activist argues that the NCP isn't really changing its behavior. - Putting the Cart Before the Horse
July 22nd, 2008, by Heather Adams
Missionary zeal for prosecutions overlooks the difficulties of furthering human rights during civil wars. - Justice is Useless if it Destroys Peace
July 18th, 2008, by James Okuk (2 Comments)
A Southern Sudanese writer argues that Sudan should not be an experimenting ground for untested theories of justice. - All Quiet in Sudan?
July 17th, 2008, by Alex de Waal (4 Comments)
Sudan is calm and mainstream Sudanese politicians have rallied to the President. But the moment of reckoning has just been postponed. - Saving Sudan from Disaster: Memorandum from al Sadiq al Mahdi
July 17th, 2008, by Al Sadiq Al Mahdi
Sadiq al Mahdi, leader of the Umma Party, argues for a third way to resolve Sudan's national crisis today. - Nothing Else Seems to be Working…
July 16th, 2008, by Mark Duffield
Prof. Mark Duffield reflects on how the ICC's bold step shines a light on decades of humanitarian failure in Sudan. - The Case for a Deferment Under Article 16
July 16th, 2008, by Michael Davies (4 Comments)
The UN Security Council has the option of deferring prosecutions for a year, renewable. Michael Davies argues in favor. - Contra Trial Skepticism
July 16th, 2008, by Kathryn Sikkink
Prof. Sikkink argues that the precedents for trials consolidating democracy are encouraging. - A Sad Day for Sudan
July 15th, 2008, by Ibrahim Adam (2 Comments)
A strong defence of the Sudan Government and its 'mature' response. - If Ocampo Indicts Bashir, Nothing May Happen
July 13th, 2008, by Phil Clark (3 Comments)
Phil Clark argues that the ICC is making a hollow threat, which challenges the role and credibility of the ICC itself. - A Disaster in the Making
July 12th, 2008, by Andrew Natsios (12 Comments)
The former U.S. Special Envoy for Sudan fears that peace, democracy, stability and humanitarian operations will be the casualties of an attempt to indict Bashir. - Sudan and the ICC: A Guide to the Controversy
July 11th, 2008, by Alex de Waal (1 Comment) - A long-term, much needed shift in norms weighed against short-term uncertainty
July 11th, 2008, by Chad Hazlett
The author argues that the risks of the indictment can be minimized, and the costs of failing to indict must also be recognized. - Bashir and the ICC: See Milosevic and the ICTY
July 11th, 2008, by Adam LeBor (1 Comment)
Author Adam LeBor compares the case of Bashir with that of Milosevic. - Darfur and the Doctrines of Command and Superior Responsibility in International Law
July 10th, 2008, by Jens Meierhenrich
Part 3 of Prof. Meierhenrich’s (Harvard) analysis of the legal options open to Ocampo if he seeks to indict Bashir. - Can the International Criminal Court Prosecute President Bashir?
July 10th, 2008, by William Schabas (1 Comment)
Prof. William Schabas (National University of Ireland) argues that it is logical and legally feasible to prosecute a head of state. - Indicting a Head of State is a Political Act
July 10th, 2008, by Stephen Ellis
Prof. Stephen Ellis (Leiden University) draws on the precedent of the prosecution of Liberian President Charles Taylor to argue that any indictment will have far-reaching political repercussions. - A Nation at the Crossroads: The Case of Ocampo against al-Bashir
July 6th, 2008, by Abdalbasit Saeed (1 Comment)
A Sudanese civil society activist argues that most Sudanese will flock to the defense of their president. - Quo Vadis, ICC?
July 4th, 2008, by Beshir Gedda (2 Comments)
A view from Ethiopia, arguing that Ocampo is following a political strategy to win U.S. backing for the ICC. - Can the ICC Bring Peace to Sudan?
July 3rd, 2008, by Nicki Alam
Do indictments for war crimes actually stigmatize the criminals and bring about peace? - Humanitarian Dilemmas in Darfur
July 2nd, 2008, by Fabrice Weissman (1 Comment)
Analysis from Médécins Sans Frontières about the complex realities on the ground in Darfur. - Darfur’s Crime Scenes
July 1st, 2008, by Julie Flint (4 Comments)
A detailed critique of Ocampo’s statement to the UN Security Council in June, challenging his description of Darfur as a ‘single crime scene’ in which all organs of the Sudan government are committed to destroying communities. - Justice Off Course
June 28th, 2008, by Alex de Waal (2 Comments)
Oped by Julie Flint and Alex de Waal in the Washington Post. - What if Ocampo Indicts Bashir? 8
June 27th, 2008, by Celia McKeon (1 Comment)
A view from Conciliation Resources, an NGO promoting peace—that the pursuit of justice should take account of the need for peace. - Might Khartoum Hand Over Haroun?
June 26th, 2008, by Alex de Waal
Handing over the two men already indicted is Khartoum's best chance of avoiding further indictments -- but Sudan is very unlikely to do it. - What Happened to Justice in the Darfur Peace Agreement?
June 25th, 2008, by Alex de Waal (3 Comments)
There is no mention of justice and accountability in the Darfur Peace Agreement, because when the negotiations began, the issue had been handed to the ICC. This article explains the unfortunate consequences of this. - On the Global Constitutional Meaning of an Indictment of Bashir
June 24th, 2008, by Ronald Jennings (3 Comments)
This posting examines how the ICC is overruling national sovereignty and creating a new global judicial order. - Thoughts on ICC-UN Cooperation
June 24th, 2008, by Cornelia Schneider
A human rights lawyer examines the obligations on the UN if Bashir is indicted: are UN peacekeepers required to execute an arrest warrant? - Ocampo and Bashir: The Milosevic Precedent
June 23rd, 2008, by Alan Kuperman
Prof Kuperman (University of Texas) argues that an indictment will hamper the resolution of Sudan’s wars unless there is the option of an immunity deal. - What if Ocampo Indicts Bashir? The Worst-Case Scenario
June 23rd, 2008, by Michael Davies (1 Comment)
Michael Davies outlines the possible disasters that might befall Sudan: a breakdown in the north-south peace, the expulsion of the UN, new humanitarian disaster, and crisis at the UN and ICC. - Ocampo’s Hyperbole at the Security Council
June 23rd, 2008, by Pieter Tesch
Pieter Tesch (Sudan Cultural Society of Britain and Ireland) argues that Ocampo was going over the top in comparing the Sudan government to the Nazis. - What if Ocampo Indicts Bashir? 7
June 22nd, 2008, by Jens Meierhenrich
Part 2 of Prof. Meierhenrich’s legal analysis in which he examines the option of the charge of joint criminal enterprise—and concludes that this controversial charge, drawn from U.S. law, is the most likely course that Ocampo will follow. - What if Ocampo Indicts Bashir? 6
June 20th, 2008, by Jens Meierhenrich
Part 1 of Prof Meierhenrich’s analysis, in which he asks if Bashir might be indicted for conspiracy to commit genocide or war crimes. - What if Ocampo Indicts Bashir? 5
June 19th, 2008, by Beshir Gedda
The writer argues that any prosecution will be a political act and will be fiercely unpopular across Africa, especially among African leaders. - What if Ocampo Indicts Bashir? 4
June 19th, 2008, by Peter Bechtold (1 Comment)
Prof Peter Bechtold (Middle Eastern Institute) argues that reconciliation should precede justice. - What if Ocampo Indicts Bashir? 3
June 17th, 2008, by Mary Harper
Mary Harper foresees that an indictment will elicit an angry response, pushing Sudan towards conflict, and making Bashir a hero. - What if Ocampo Indicts Bashir? 2
June 16th, 2008, by Chidi Odinkalu (1 Comment)
A Nigerian lawyer argues that Ocampo’s strategy of disregarding the political consequences of his actions is endangering the support for the ICC among African activists. - What if Ocampo Indicts Bashir? 1
June 16th, 2008, by Omer Ismail (1 Comment)
Omer Ismail, a Darfurian with the Enough campaign, argues in favor of the indictment—with reservations. - Imagine if Luis Moreno-Ocampo Were to Indict President Omar al Bashir
June 15th, 2008, by Alex de Waal (3 Comments)
Alex de Waal introduces the debate.
