Mark,

So what, ultimately, do you think? Is this the way to ratchet up the pressure? To be honest, I really don't know how I feel about the Prosecutor's decision -- I just know it makes me very nervous...

I don't know if I would consider the WP story to truly be a "scoop", insofar as Julian Borger of the Guardian, Benny Avni of the New York Sun, and Maggie Farley of the Los Angeles Times all had similar reports in today's editions. (James Bone of the Times also has a similar new story, but it may not be in today's print edition.) Most of the other stories on this so far do, though, cite the WP story.

EJM-

I'm fairy certain this was Colum Lynch and Nora Boustany's story. I could be wrong, I suppose. That said, I think Maggie Farley and Julian Borger are among the finest reporters at the UN. Thanks for your comment.

Mark:

I think Richard Dicker's comments at the end of the WP article get right to the heart of what's so important about the prosecutor's request for an arrest warrant: "What is at stake here is limiting the impunity of those associated with these horrific events in Darfur since 2003." When Mr. Ocampo spoke at the DePaul Law School in Chicago this May, he said something very similar. Indeed, he seems to see the limitation of impunity as the essential purpose of his work and the Court's work.

I must say that I share Mr. Heller's nervousness about the consequences of today's news, but I don't think that expecting Mr. Ocampo to not do his job in hope of preserving a very fragile, and--I'll argue--unsustainable peace is a viable alternative course of action. If the ICC is ever to serve its founding purpose, I think it must act right now.

I'm eager to see whether the three-judge pretrial panel will grant Mr. Ocampo's request for a warrant to arrest al-Bashir. What really piques my interest, though, is what happens if the warrant is granted, which, given the ICC's track record, it likely will be. Though the Sudanese government is required under Art. 59 (1) of the Rome Statute to "immediately take steps" to arrest suspects for whom the ICC issues warrants, it has arrested neither Ahmed Haroun nor Ali Kosheib, the first two Sudanese nationals Mr. Ocampo sought to prosecute. It will not arrest al-Bashir and he will not surrender on his own at the Hague. I think that much is certain. That means all eyes on the UN Security Council, which authorized Mr. Ocampo's investigation almost three years ago.

What, if anything, will the Security Council do, especially when both the United States and China abstained from voting on Resolution 1593 (2005)? Will anything short of a military intervention deliver up al-Bashir and company to the Hague? Would trade sanctions intended to compel al-Bashir's surrender, or the Sudanese government's arrest of him, simply exacerbate an already horrendous situation? What effect, if any, will the approach of the opening ceremonies at Beijing have on any vote or abstention China would make in the Security Council? What effect will the approach of a new American presidency have in this situation on the further action of the Bush administration?

I believe in the Court and hope for the best.

Urgent press for action
This is an excellent move by International Criminal curt (ICC) to rescue Darfur people, comprehensive peace agreement and bring justice to president Bashir’s door step in Khartoum has been over due. We know that the legal system of Sudan has collapsed; unable and unwilling genuinely to prosecute and investigate genocide in Darfur and in Southern Sudan committed by president Bashir and his colleagues.
Bashir defy every attempt by Sudanese people and the international community to amicably resolve conflict in Sudan and won. This time around is different, Bashir must appear before the court of law weather he like or not to face what we call “justice”. All the marginalize people of Sudan must unite together and help the ICC to get hold of Bashir before he hides.
You can make a big difference where ever you are right now by sending an email, post a letter, make phone call or visit Hague if can afford and make your voice be heard. Our silence stand by is bad.
Here is very simple message you can pass to the ICC persecutor at Hague or frame your own motion and send to Hague as soon as possible.
We the people of Sudan unanimously support and appreciated ICC’s effort for arrest warrant of Sudanese President Omar al-Beshir for genocide and crimes against humanity in Darfur and previously in South Sudan. This has been over due and we want see president Bashir before the judges in Hague accounting for every genocide he committed in Darfur and in Southern Sudan.
Remember each second we delay arrest of the president Bashir more live are lost daily in Darfur. In addition, Bashir has refused to demarcate the boarder of north and South Sudan and resolved in killing innocent civilians in Abyei Region and beyond. We trust that the arrest of Bashir is urgent and will finally bring everlasting peace in Sudan. Long live ICC.

Below is the contact information:
Information and Evidence Unit
Office of the Prosecutor
Post Office Box 19519
2500 CM The Hague
The Netherlands
Email: otp.informationdesk@icc-cpi.int
facsimile to +31 70 515 8555.
For further information
Please contact the Information and Protocol Assistant, Mr Nicolle
Tel: +31 (0)70 515 81 86

We the people of Sudan unanimously support and appreciated ICC�s effort for arrest warrant of Sudanese President Omar al-Beshir for genocide and crimes against humanity in Darfur and previously in South Sudan. This has been over due and we want see president Bashir before the judges in Hague accounting for every genocide he committed in Darfur and in Southern Sudan.
Remember each second we delay arrest of the president Bashir more live are lost daily in Darfur. In addition, Bashir has refused to demarcate the boarder of north and South Sudan and resolved in killing innocent civilians in Abyei Region and beyond. We trust that the arrest of Bashir is urgent and will finally bring everlasting peace in Sudan. Long live ICC.