ICC Ruling
Rizwan Ghani
March 05, 2009
President Omar Al-Bashir's arrest warrant by ICC is a positive step on following counts: a) Help hold accountable those who are responsible for 400,000 dead, hundreds and thousands of rapes and three million internal and one million external refugees forced to live in inhuman conditions and flee the country. b) Act as a deterrence for global leadership in wake of widespread flouting of constitutional and humanitarian laws, UN conventions and dignity of human life and right to exist. c) It will help bring perpetrators of genocide to book in war torn regions including Rwanda (600,000 dead), Somalia, Zimbabwe, Ghana, Gambia, Chile, Balkans, Kashmir, Palestine, Iraq and Afghanistan.
Reports of likely initiation of deliberations in America about forming a 'Truth Commission' to determine violation of American constitution in name of national security during Bush era are not by chance. It is result of the efforts of international media seeking across the board accountability of global leadership by international platforms including ICC, UN etc. It falls short of bringing Bush to Hague which everyone of us should keep pushing for. Nevertheless, if Democrats manage to overcome the opposition and establish the commission it will be a step in the right direction- road to Hague. Obama contrary to reports of likely US veto of ICC ruling to save Bashir should instead bring USA under ICC. It will restore US credibility across the globe, bolster credibility of international platforms and help hold future US presidents accountable to national and international law.
ICC ruling has its critics, who believe that judgment will undermine peace process. Beijing has called for withdrawal of the judgment. However, there is a glimmer of hope in reports that Arab league and African Union delegation is seeking one-year deferment in implementation of the ICC decision. It is a surprise because it was widely perceived that monarchies in Gulf will not support accountability of an Arab leader on count of violation of constitution, war crimes and crimes against humanity. It should bolster Arab world´s otherwise checkered record for human rights support, respect for constitutions and international conventions and laws.
Global community should not fall for the media spin that is linking ICC judgment to derailment of Darfur peace efforts. Darfur peace agreements including Comprehensive Peace Agreement were just deceleration of intents for peace not binding final peace agreements. These ´windows of opportunity´ can always work in absence of president Bashir because governments are dependent on individuals. Therefore, it will not undermine peace efforts in Sudan. Alternatively, it can be argued that Khartoum will hold peace hostage to defy writ of law and end agony of 4 million refugees left in desert. The expulsion of 13 international NGOs in reaction to ICC ruling is a case in point. It is hoped that global community will see through the shroud.
The change is in fact unfolding in US at a lightening pace that very few are aware of. Obama´s decision to try war prisoners in American courts within US instead of military courts is a case in point. It is positive step in restoring writ of international laws and conventions. It is hoped that the process will be expanded to other prisons across the world to restore US credibility in terms of respecting international human rights and conventions and sovereignty of independent states.
Next, the news reports showing that top Bush aides will testify in attorneys´ firing is an historic moment in US history and it couldn´t have been possible without strong interest of Obama. It will help restore writ of the US constitution above the powers of president, and restore constitutional accountability of president to the American public: both in war time and peace time. The report marks the end of an era of individualism in the White House. The report also ushers beginning of the era of accountability in US.
Reportedly, Karl Rove and Harriet E. Miers, top former aides to President George W. Bush, will testify under oath to a House committee investigating the firings of nine United States attorneys in 2007, under an agreement announced Wednesday by the panel.
The agreement settled a sticky dispute that began in mid-2007 when the House Judiciary Committee subpoenaed Mr. Rove and Ms. Miers, who, according to e-mail messages released by the Justice Department, played a role in the firings of nine US attorneys.
Reportedly, Representative John Conyers Jr., a Michigan Democrat and chairman of the judiciary panel, declared victory and said the committee had finally succeeded in breaking through the Bush administration´s absolute immunity claims. Conyers called the agreement "a vindication of the search for truth." He added, "I am determined to have it known whether U.S. attorneys in the Department of Justice were fired for political reasons, and if so, by whom." http://www.nytimes.com/2009/03/05/us/politics/05rove.html?hp=&pagewanted=print.
Reportedly, Republicans were seeking assurances that US justice department will not prosecute former government officials over national security abuses (Bush Doctrine Stalls Holder Confirmation, Jan. 25, The Washington Post). It will help expedite similar cases in rest of the world where national institutions including judiciaries were held hostage in the name of national security much to the detriment of democracy, dispensation of justice at grassroots and fight corruption.
In terms of Khartoum, it might be years before ICC judgment could realize tangible results in terms of seeing Bashir brought to book. Nevertheless, it is a positive start in helping to restore respect for law, hold global political leadership accountable to its people and the world at large. Bashir instead of delaying the process should stand up and face the charges to clear his name or accept his role in crimes against humanity and pay the debt to humanity.
It is hoped that west so proud of its support for human rights and rule of law will step up to the plate and bring characters like Bush, Blair, Olmert, Lvni, to book. As compared to Sudanese president being charged for 300,000 deaths, on the contrary they are responsible for: a) Millions of deaths in Iraq, Afghanistan, Palestine, Kashmir and African countries. b) Supporting dictators in Asia resulting in derailment of democracies, compromising of judicial systems and supporting culture of torture and media censorships. c) Destruction of education, political and governance infrastructures translating in poverty, corruption and illiteracy.
Ironically, facts still have to be established in court of law in case of President Bashir, but America´s war in Iraq has already been termed by the American panel as ´war based on lies´. Similarly, Israel´s ´disproportionate use of force´ in Gaza resulting in innocent deaths is a violation of UN law. Thereby, brining added pressure on world community to act now for collective good, and lasting peace and security.
In terms of breakthrough on attorneys firing case, it is hoped that US law will ensure that jobs of public servants are immune from individual whims even if that person happens to be the president of America. It is expected that case will permanently end era of serving at ´president´s pleasure´ and help introduce practices that uphold rule of law and instead allow people to ´serving in accordance to law of the land´. The end of immunity culture in the White House will help revive culture of accountability at grassroots which in turn will help end culture of abuse at work places; strengthen ´sunshine laws´, and encourage culture of ´whistle blowing´ for collective good.
Thus, international community including human rights watchdogs to look beyond geographic boundaries and political interests and pick up the gauntlet to bring these characters to book to help restore writ of law. World must not forget that the defining difference between dark ages and the modern world is justice: the only foundation of peace for the world in 21st century and beyond.
Reports of likely initiation of deliberations in America about forming a 'Truth Commission' to determine violation of American constitution in name of national security during Bush era are not by chance. It is result of the efforts of international media seeking across the board accountability of global leadership by international platforms including ICC, UN etc. It falls short of bringing Bush to Hague which everyone of us should keep pushing for. Nevertheless, if Democrats manage to overcome the opposition and establish the commission it will be a step in the right direction- road to Hague. Obama contrary to reports of likely US veto of ICC ruling to save Bashir should instead bring USA under ICC. It will restore US credibility across the globe, bolster credibility of international platforms and help hold future US presidents accountable to national and international law.
ICC ruling has its critics, who believe that judgment will undermine peace process. Beijing has called for withdrawal of the judgment. However, there is a glimmer of hope in reports that Arab league and African Union delegation is seeking one-year deferment in implementation of the ICC decision. It is a surprise because it was widely perceived that monarchies in Gulf will not support accountability of an Arab leader on count of violation of constitution, war crimes and crimes against humanity. It should bolster Arab world´s otherwise checkered record for human rights support, respect for constitutions and international conventions and laws.
Global community should not fall for the media spin that is linking ICC judgment to derailment of Darfur peace efforts. Darfur peace agreements including Comprehensive Peace Agreement were just deceleration of intents for peace not binding final peace agreements. These ´windows of opportunity´ can always work in absence of president Bashir because governments are dependent on individuals. Therefore, it will not undermine peace efforts in Sudan. Alternatively, it can be argued that Khartoum will hold peace hostage to defy writ of law and end agony of 4 million refugees left in desert. The expulsion of 13 international NGOs in reaction to ICC ruling is a case in point. It is hoped that global community will see through the shroud.
The change is in fact unfolding in US at a lightening pace that very few are aware of. Obama´s decision to try war prisoners in American courts within US instead of military courts is a case in point. It is positive step in restoring writ of international laws and conventions. It is hoped that the process will be expanded to other prisons across the world to restore US credibility in terms of respecting international human rights and conventions and sovereignty of independent states.
Next, the news reports showing that top Bush aides will testify in attorneys´ firing is an historic moment in US history and it couldn´t have been possible without strong interest of Obama. It will help restore writ of the US constitution above the powers of president, and restore constitutional accountability of president to the American public: both in war time and peace time. The report marks the end of an era of individualism in the White House. The report also ushers beginning of the era of accountability in US.
Reportedly, Karl Rove and Harriet E. Miers, top former aides to President George W. Bush, will testify under oath to a House committee investigating the firings of nine United States attorneys in 2007, under an agreement announced Wednesday by the panel.
The agreement settled a sticky dispute that began in mid-2007 when the House Judiciary Committee subpoenaed Mr. Rove and Ms. Miers, who, according to e-mail messages released by the Justice Department, played a role in the firings of nine US attorneys.
Reportedly, Representative John Conyers Jr., a Michigan Democrat and chairman of the judiciary panel, declared victory and said the committee had finally succeeded in breaking through the Bush administration´s absolute immunity claims. Conyers called the agreement "a vindication of the search for truth." He added, "I am determined to have it known whether U.S. attorneys in the Department of Justice were fired for political reasons, and if so, by whom." http://www.nytimes.com/2009/03/05/us/politics/05rove.html?hp=&pagewanted=print.
Reportedly, Republicans were seeking assurances that US justice department will not prosecute former government officials over national security abuses (Bush Doctrine Stalls Holder Confirmation, Jan. 25, The Washington Post). It will help expedite similar cases in rest of the world where national institutions including judiciaries were held hostage in the name of national security much to the detriment of democracy, dispensation of justice at grassroots and fight corruption.
In terms of Khartoum, it might be years before ICC judgment could realize tangible results in terms of seeing Bashir brought to book. Nevertheless, it is a positive start in helping to restore respect for law, hold global political leadership accountable to its people and the world at large. Bashir instead of delaying the process should stand up and face the charges to clear his name or accept his role in crimes against humanity and pay the debt to humanity.
It is hoped that west so proud of its support for human rights and rule of law will step up to the plate and bring characters like Bush, Blair, Olmert, Lvni, to book. As compared to Sudanese president being charged for 300,000 deaths, on the contrary they are responsible for: a) Millions of deaths in Iraq, Afghanistan, Palestine, Kashmir and African countries. b) Supporting dictators in Asia resulting in derailment of democracies, compromising of judicial systems and supporting culture of torture and media censorships. c) Destruction of education, political and governance infrastructures translating in poverty, corruption and illiteracy.
Ironically, facts still have to be established in court of law in case of President Bashir, but America´s war in Iraq has already been termed by the American panel as ´war based on lies´. Similarly, Israel´s ´disproportionate use of force´ in Gaza resulting in innocent deaths is a violation of UN law. Thereby, brining added pressure on world community to act now for collective good, and lasting peace and security.
In terms of breakthrough on attorneys firing case, it is hoped that US law will ensure that jobs of public servants are immune from individual whims even if that person happens to be the president of America. It is expected that case will permanently end era of serving at ´president´s pleasure´ and help introduce practices that uphold rule of law and instead allow people to ´serving in accordance to law of the land´. The end of immunity culture in the White House will help revive culture of accountability at grassroots which in turn will help end culture of abuse at work places; strengthen ´sunshine laws´, and encourage culture of ´whistle blowing´ for collective good.
Thus, international community including human rights watchdogs to look beyond geographic boundaries and political interests and pick up the gauntlet to bring these characters to book to help restore writ of law. World must not forget that the defining difference between dark ages and the modern world is justice: the only foundation of peace for the world in 21st century and beyond.
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