From: Hailemelekot, Jonathan (Jonathan_Hailemelekot@cable.comcast.com)
Date: Wed Mar 04 2009 - 16:17:01 EST
March 4, 2009 -- Antonio Cassese, former head of the UN Investigating
Committee on Darfur, said in an interview with Italian radio today that
the arrest warrant against Sudanese President Bashir is a political
operation. Cassese listed three reasons why he has "perplexities" on the
decision:
1. The ICC Prosecutor could have issued a subpoena, allowing Bashir to
answer questions and defend himself against allegations.
2. The request for an arrest warrant was filed on July 14, 2008. It was
supposed to be secret, but instead it was published. It took seven
months to be implemented. An arrest warrant is meaningful if it is
timely, i.e., serves the purpose of preventing the subject from escaping
or destroying evidence etc. This aspect has totally failed.
3. The warrant will be sent to Sudan, to the Sudanese police, which is
supposed to arrest its president. It is obvious that this will never
occur. The warrant will be implemented neither by Sudan nor by any other
state. No government will invite Bashir if there is the danger of Bashir
being arrested.
"It is obvious that the warrant creates a political-media effect. It is
the political delegitimization of a head of state. There will be
political-diplomatic tension. Africa as a whole feels offended. They
say, western crimes never go before the ICC--and it is true. It is a
convincing argument. The ICC has two different criteria of justice."
Cassese is no supporter of Bashir: indeed, he says that now it will be
practically impossible to seriously prosecute him for his crimes.