Dan summarizes some of the reaction to the warrant handed down today by the ICC. (CFR has another good summary here). Essentially, the criticism of the ICC’s decision raises two arguments: (1) that charging Al-Bashir is bad for the “peace process,” and (2) that other people do bad things too, so charging Al-Bashir is tantamount to unfairly singling him out. While it is, of course, not a pre-trial chamber’s job to consider policy consequences, the Security Council will be deciding whether to defer the warrant, and it will properly be primarily concerned with the security implications. Thus, it’s worth considering both primary criticisms. After some thought, I don’t believe either holds up to scrutiny.
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