Apart from the international failure in stopping the continuing crimes against humanity in Darfur, there was a least action by the UN Security Council in this regard referring the crimes against humanity committed in Darfur to the International Criminal Court (ICC).

In this regard, the judicial authorities of the ICC, which have shown seriousness and clear and steady commitment to justice so far, besides an indifference to politics and political distortion as it clearly shown by the ICC prosecutor Luis Moreno-Ocampo, who deserves a tribute for his resolute work and stand and his profound commitment to justice.

Prosecutor Luis Moreno-Ocampo issued a statement last July in which he expressed his intention to indict Omar Hassan al-Bashir himself, whom is the president of Sudan, for crimes against humanity and war crimes committed in Darfur by Sudanese military and Janjaweed militias, and to ask the ICC to summon al-Bashir with an international arrest warrant. This indictment followed similar indictments of two Sudanese regime officials on alleged crimes against humanity and war crimes that al-Bashir’s refused to arrest and turn them in to the ICC.

As regards the ICC prosecutor’s indictment of al-Bashir, France’s Sarkozy, over more than 250,000 bodies and two million people fled their homes through widespread genocide, atrocities and ethnic cleansing in Darfur, offered al-Bashir a deal. This deal stipulates that France is prepared to suspend the measures of the ICC against Omar al-Bashir, “on condition that Khartoum takes a step forward”. This step required from al-Bashir was explained by improving the situation in Darfur and ceasing genocide there.

First of all, I should reassure all concerned humanitarian people around the world about this serious humanitarian question and related Sarkozy’s intention in this regard that France fortunately could not fulfill this deal that according to Article 16 of the Rome Statute, the Security Council has the power to suspend the ICC prosecution for one year, provided that nine of its 15 members approve this step including all five permanent members. This is maybe why al-Bashir himself disregarded this offer and the killing continued at the rate of 5000 people a month in Darfur.

Another positive and encouraging statement came recently from the prosecutor Moreno-Ocampo in which he urged the Security Council to prepare to take action on al-Bashir indictment, if approved by the ICC issuing an international arrest warrant against him and Sudan refused to turn him in for trial. This statement was the direct response by the ICC prosecution to France’s offer.

To my knowledge, in the sense of criminal law, any attempt and effort made in pursuit of impeding the course of justice by assisting, by any means, an indicted suspect in escaping trial and getting away with his crime or criminal act are considered somehow as a kind of participation in this crime. Then, France Sarkozy’s stand and efforts through his offer to al-Bashir made him somehow an accomplice in the crimes against humanity of Darfur, as he offers a deal against justice and his country’s effort in this regard.

Hence, I think that all concerned parties in the world, after denouncing Sarkozy’s offer and stand, and supporting the ICC prosecutor’s request, and remindful of France’s unforgettable role in Rwanda’s heinous massacres, should acknowledge that Sarkozy’s act makes him an accomplice in the Darfur crimes against humanity, at least at the moral level.

France’s Sarkozy and alike international parties should clearly realize that justice, especially in such serious humanitarian situations, is not for sale or trading off, and humanity is ready to hold them accountable for such acts.