Posted By David Bosco Share

Sudanese president and ICC indictee, Omar al-Bashir, has arrived in Libya for what news reports are saying will be a two-day visit. At one level, the visit is utterly unsurprising. Sudan is a regional power, and Bashir's government apparently provided cash and weapons to the then rebels as they battled Moammar Gaddafi's forces. Geopolitics--and simple good manners--dictate that Libya's new rulers should welcome Bashir.

But viewed through the prism of international law and human rights, the visit is a rude jolt. How could a regime that just ousted a brutal dictator indicted by the International Criminal Court welcome another of his ilk? For the ICC itself, the development must be disturbing. Libya is, in theory at least, cooperating with the court to arrange a trial of Saif al-Gaddafi,who was indicted by the ICC but remains in Libyan custody. The ICC's judges are at this moment considering whether Libya is able to give Saif a decent trial and will presumably rule on that vexed question in the near future. While not directly relevant to Libya's ability to try Saif, the decision to host Bashir can only sour the judges' mood toward Libya's new regime.

It's also at least possible that Libya might be violating UN Security Council resolutions by hosting Bashir. Libya is not an ICC member state and so does not have a general legal obligation to honor ICC arrest warrants. But Resolution 1970, which referred the Libya situation to the court back in February, compelled Libya's authorities to "cooperate fully" with the court. That order obviously came in the context of the ICC's investigation of abuses in Libya, but it's arguable that the resolution creates an obligation to snag other indictees on Libyan territory.

The Bashir visit has generated the expected anger from the human rights community. Yesterday, Human Rights Watch president Ken Roth chastised Libya for its decision: "[It's] disappointing that beneficiaries of ICC involvement would receive suspect." It was a revealing reaction. Roth apparently believes that Libya's new government benefited directly from the ICC's involvement in Libya and should now act accordingly. But how precisely did the ICC indictments help in the battle against Gaddafi? One can speculate that they helped isolate and discredit the regime; but that's only speculation, and other, less rosy, theories are also plausible. Even if one grants that the ICC's role was helpful to the rebels, was it as helpful as Sudanese cash?

There's another important factor. As a weak player in a rough neighborhood, Libya's new authorities need the support of powerful states as the move forward. They don't need the ICC anymore (if they ever did); the court is now a nettlesome complication. So Libya will happily endure blistering press releases from the human rights community in order to cement relations with a rich and powerful neighbor. The only thing that would change that equation is the insistence of other powerful states that there would be serious consequences for welcoming the Sudanese president. Bashir's arrival suggests that message either was not sent--or was not received.   

 

DOUG12

12:18 PM ET

January 7, 2012

Libya's Temporary Freedoms

Libya's new government may have recognized that it must affirmatively ratify international agreements of behavior before the country is compelled to follow international norms, Libya has decided to reach out to neighbors before joining the international community.

 

SWENSENS

2:27 PM ET

January 7, 2012

Libya independent

I think so with first comment , Libya's new government could have explicitly recognized that must ratify the international agreements of conduct before the country is forced to follow the international standards, Libya has decided to join the neighbors before joining the international community.

 

AMNASHARIF22

12:09 PM ET

January 8, 2012

Over the past few years,

Over the past few years, there has been a growing tendency to dub Muslims as terrorists. And leading from the front in this blame game is none other than the superpower, the United States. It is extremely sad that such a tolerant and loving community is being dubbed as behind the terror outfits.

It is gross injustice that the Muslims of this world are being treated as second class. How many of you think that Muslims are behind the terror plots, no matter where they happen? No doubt most of the terror outfits are comprised of Muslims, but is it correct to say that all Muslims are terrorists? If we look at the community as a whole, the Muslims will outnumber almost the rest. Indeed most of the rich nations are Muslim nations.

There are a few misguided youth who have spoilt the spirit of Islam, disturbed the Muslim norms, created havoc in the world, revoked the laws of the land, disturbed peace, affected fraternal relations, and above all marginalised the facets and tenets of the KORAN --the Holy Book-- that has been leading several generations ever since it came into being. It is not just the Muslims that bow before the Koran, I being a non-Muslim, too, bow before the most sacred book, and I have no doubt in saying that millions of non-Muslims treat the Koran as their HOLY BOOK--much like the Geeta of Hindus, the Bible of Christains, and the Guru Granth Sahib Ji of Sikhs. All these sacred, religious books preach their followers fraternity, brotherhood, and love for all --no matter which religion they belong. Wouldn't it have been wonderful, had all of us followed our religion, keeping in mind the sanctity of all other religions?

this is my request to everyone..standby your faith, your religion, your prayer, your worship, your norms, but for God's sake don't use the pious name of God for violence, waging wars, letting bloodshed, diluting sacred human values, massacring men, women, children and old n infirm,---just for the sake of POWER n SUPREMACY over others.

ASK God when, you leave for haven, how correct are those indulging in gross human rights violations just to gain power n prestige just to create dread, fear n havoc in the world.

Muslims are a religious community, who believe in the sanctity n virtues of the Koran n the Prophet --the Great Prophet, who taught them to fight those who kill innocents, to wage a jihad against those who r antihuman-- not against all n sundry..

So, how did Muslims started being dubbed as terrorists? Being a community rich of strength n valor, the powerful Muslim lords saw themselves reaping dividends by ruling over the world. Just this was the beginning...n the rest is history, v much the present--may b d future too.

But can we let the blood of our brethren, n fellow citizens flow like this in suicide bombings, bomb blasts n all such atrocious tactics of the so-called terrorists? The disgruntled few r in a state of dissatisfaction n to satisfy themselves have started waging a war on innocents that they call as jihad. however, they fail to understand that in doing so, they have tarnished the sacred name of ISLAM, n invited criticism from world over..resulting in the world calling the entire Muslim community as associated with terrorists.

For God's sake stop calling Muslims terrorists. They are a community that loves its religion, its God, its Prophet, and upkeep human values. The dissatisfied n misled among them r the real culprits, who need to be justified. I have so many Muslim friends and trust me, they all believe in upkeeping human values, they believe in brotherhood, fraternity, their heart cries at the suicide bombings, their lives r disturbed by terrorist activities. They love humanity, first.

Do you know so many Muslims have died in the suicide bombings and bomb blasts? If the terroists who care so much for their religion, loved their religion n fellow Muslims, will they kill them? Will they place bombs at places where muslims r predominant? will they target muslim locations n habitations?

they have targetted muslim habitations..hyderabad in INDIA is a glaring example, where so many muslims were killed in the blast incide the mosque. such disgruntled elements placed the bombs inside the mosque only to create misunderstanding between different communities so that people fight each other out, which would result in the victory of the terrorists.

A Muslim scholar from Pakistan says: "Our religion teaches us that the murder of an innocent person is the murder of humanity as a whole. "

MUSLIMS r not terrorists. muslims r friends n fellow citizens. please do not mistake such a tolerant community because of a misled few!

 

FORGOTTENSTORIES

12:55 PM ET

January 10, 2012

The international community needs to offer a substitute

The last two sentences of this post are the most important. Libya will understandably seek the help and advice of its powerful neighbor unless it is told firmly not to do so and offered a viable alternative. Perhaps the UN Peacebuilding Commision could help in rebuilding Libyan institutions?

Read more about this at http://forgottenstoriesfpi.wordpress.com/2012/01/09/bashir-brings-the-twilight-zone-to-libya/.

 

David Bosco reports on the new world order for The Multilateralist.

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