Talking Point: Urge President Bush to Stand Up for Justice

What to say

Urge President Bush to stand up for justice and accountability by opposing article 16 at the Security Council.

Why it is important

As the International Criminal Court (ICC) considers indicting Sudanese President Bashir for genocide and crimes against humanity in Darfur, some members of the United Nations Security Council are advocating in favor of a provision know as article 16. Article 16 would interrupt justice and accountability by suspending the ICC's proceedings against Bashir.

Additional Information

On July 14, 2008 the Chief Prosecutor of the ICC, Luis Moreno-Ocampo, came before the Court to present his case againstSudanese President Omar al-Bashir for genocide, war crimes and crimes againsthumanity in Darfur. In presenting his case, Ocampo requested thatBashir be indicted and that an arrest warrant issued.

Although the ICC is expected to announce a decision in mid-October, the international community has been mired in debate about whether to move forward with consideration of an indictment or defer the case for 12 months under article 16 of the Rome Statute. Article 16 of the Statute allows the United Nations Security Council to suspend ICC prosecutions for one year, which can be renewed indefinitely. However, the United States can take a stand by opposing the deferral of an indictment at the Security Council.

This recent request for the indictment of President Bashir follows arrest warrantsissued in May 2007 for Sudan's Ahmad Muhammad Harun (former Minister of State for theInterior of the Government of Sudan and current Minister of State forHumanitarian Affairs) and Ali Kushayb (a leader of the Militia/Janjaweed). Sudan has rejected the ICCwarrants for Harun and Kushayb.