ICC to Indict al-Bashir

Although it had been suspected of such for a while, yesterday the BBC found the first evidence that the Chinese government has been providing military assistance to Khartoum--in direct violation of the UN arms embargo on Darfur.  Several Chinese Dong Feng army trucks were documented operating in the area.  The UN had previously discovered that a shipment of 212 of the trucks had been imported after the arms embargo was put in place, but this was the first time that they had been documented directly.

The trucks, after having been imported, were mounted with high powered machine guns or anti-aircraft batteries.  Several witnesses reported a Dong Feng firing its anti-aircraft directly into several tukuls (wood and mud huts) during an attack on a village.  

Beijing also had sold A5 Fantan jets to the Khartoum government in 2003 before the embargo.  The pilot training that it has provided has likewise been used to devastating effect during the all too frequent air attacks on civilians.

In other news, look for Head ICC Prosecutor Luis Moreno-Ocampo to file charges and an indictment of Sudanese President Omar al-Bashir sometime today over crimes in Darfur.  It had previously indicted the his Minister for Humanitarian Affairs in connection the Janjaweed, although the government has refused to hand him over (or even recognize the court for that matter).  

The efficacy of the ICC aside, this will be a historic move--the first time the ICC has indicted a serving head of state.  Usually heads of state have official or tacit immunity from war crimes or crimes against humanity while they are still in office.  This immunity doesn't last once their term is over, which may be why Mugabe in Zimbabwe is fighting his downfall so vigorously.  It is refreshing to see that what the Economist called a "blanket of protective immunity" is slowly beginning to give way to adherence to international human rights law.  

However, the effect of the indictment may make more difficult an already complex humanitarian emergency on the ground.  There have been increased attacks on relief workers as well as AU and UN Peacekeepers.  The BBC also notes that the indictment may embolden anti-government rebels sensing weakness in the capital.  This especially after a repulsed JEM assault on Ombduran this May in a move that surprised many, particularly leaders in Khartoum only kilometers away.