The Countless Victims of the President Bashir’s Brutal Regime Need Justice
By Samuel Reech Mayen, Kampala, Uganda
June 15, 2015 (SSB) — The temporary decision of the South African’s Court preventing president Bashir to leave the country is a rational decision that must be applauded. However, the fear is in the final decision that will be taken by the court on the basis of the influence by the political players.
Legally, if a country ratified to be a member of the ICC, one of the requirements is that, the state party should help the ICC to arrest a fugitive and hand over such a suspect to the ICC. The ICC doesn’t have an independent police but relies on its member states. Hence, South Africa has the legal obligation to arrest Bashir and hand him over to the ICC.
The country should not be influenced by the decision of the AU. Although the Heads of African States are seeing the ICC as targeting them, South African would have officially revoked the membership before this day. A decision not to cooperate with the ICC by the South Africa’s Court will be a serious miscarriage of justice and worst violation of the principles spearheaded by one of the continent powerful nation.
It is a legal issue. It has nothing to do with politics. Once a crime is committed, it s only the court of law that has a final decision on it. The high court of South Africa should be allowed to determine the matter whether to arrest Bashir and hand him to the ICC or free him to head back to commit more crime.
Base on the interest, it should not be allowed to override the legal requirement. In 2009 and the subsequent years, the issuance of the arrest warrant against president Bashir sparked hot debate in the Southern Sudan. The debate was whether his arrest would affect the full implementation of the CPA.
Many argued that it would not but this author had the opinion that it would have terribly affected the provision of the CPA particularly the referendum. The Struggle for leadership would have risen in Khartoum and someone would have seized power. The new leader would have created confusion that could create no room for the implementation of the CPA and the interim period would have ended in turmoil without referendum. This opinion was purely on the expenses of justice of the victims of Bashir’s crime.
As the current chances for arresting President Omer are being debated, some South Sudanese feel like arresting Bashir will have negative effect on South Sudan. However, the freedom of Bashir is even causing confusion in the country. Bashir has sponsored many rebellions in South Sudan. The current rebellion is getting military logistics from Sudan. President Bahir met with Dr. Riek in the mid of 2014 in Khartoum. Their meeting was centered on military support to the rebels. On this, he has done worst devastation to the South Sudanese.
The previous rebellion of Gen. Tanginya, Gen. Oliny and many others were also being sponsored by him. Therefore, it is unrealistic to claim that Bashir is of any good to the people of South Sudan whether in the rebels’ camp or in government.
Although the politics of the NCP is based on the same policies, it’s time to let Bashir go to the ICC to account for the crime he has committed. There are many people who can run the affairs of the Sudan. He is not the best leader in the National Congress Party (NCP). He will be acquitted if he is innocent.
The author temporarily lives in Kampala, and can be reached at: mayenreech@gmail.com
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