Some European governments are beginning to contemplate the idea that if Bashir were willing to hand over other indictees, engage convincingly in peace negotiations and prosecute the rapists and murderers, then the case for suspension of the indictment could be argued under Article 16 of the ICC treaty.
And if the special court were deemed to be a genuine, impartial attempt to obtain justice, rather than a stalling tactic, the ICC could, under Article 16 of its statutes, defer its indictment of Mr Bashir.That would get everyone off the hook, and the move would probably be welcomed by the UN Security Council.
Under Article 26 of the I.M.F.
So the Security Council was given the power, under Article 16 of the ICC's charter, to suspend for a period of 12 months, with indefinite renewal, any investigation or prosecution.Many, fearing a fierce backlash from Mr Bashir's indictment, are now urging it to do so.
In recent years, the Orleans Parish district attorney's office has released hundreds of suspects under Article 701 of the Louisiana code of criminal procedure, which states that suspects cannot be held for longer than 60 days on felony arrest without an indictment.
What is commonly referred to as an "indictment" at the ICC is actually the issuance of an arrest warrant or a "summons to appear" for the suspects by a Pre-Trial Chamber (PTC), which under Article 15 of the Rome Statute requires sufficient evidence to provide a "reasonable basis" to believe that the crimes were committed.
Indictments under this clause of the Health Law are based on the Criminal Code (KUHP), but this states that the punishment for illegal abortion is 5.5 years' imprisonment for the perpetrator (Article 348) and 4 years' for a woman inducing her own abortion (Article 346) (Republic of Indonesia, undated).
It remains unclear if there is an indictment under seal.
By filing the indictment under the theory of corporate criminal liability, the government is wielding a potent weapon.
It will be located under articles.
