12 Feb ICC Judges Approve Bashir Arrest Warrant
The ICC has formally approved the ICC Prosecutor’s request for an arrest warrant against Sudan’s President. Kevin’s post below discusses what the theory of criminal liability will be, although the actual warrant is not yet public, so we’ll have to wait to see if Kevin is right about joint criminal enterprise liability.
I still think that this arrest warrant is unwise and it is unlikely to help the efforts to reach a sustainable peace deal in Sudan. And I think, for the immediate future, there is no chance Bashir is arrested by anyone. I suppose in the long run, this might all work out, but it is likely to get worse in Sudan before it gets better, and the ICC is an (admittedly minor) part of what’s making things worse there.
[…] matter is, as noted by Julian Ku, controversial and the decision is likely to be met with heavy criticism while the Court may be […]
Update: The ICC denies reports that a warrant has been issued.
Deny it the ICC may, but Schabas suggests that the journalist who broke the story is unlikely to have got it wrong: http://humanrightsdoctorate.blogspot.com/