The International Criminal Court (ICC) has just issued an arrest warrant for Sudanese President Omar al-Bashir. This action has historical implications with al-Bashir becoming the first sitting head of state to be subjected to an arrest warrant in the life of the court (the charges are war crimes and crimes against humanity). Now that the ICC has acted all eyes will turn first to Khartoum to see how the al-Bashir regime responds and then to Washington for the Obama administration’s reaction.

The challenge for the Obama administration is to leverage the pressure the court’s action will bring to bear on the Sudanese leader. I would like to see the administration publicly support the arrest warrant and make clear that the U.S. will not sit idly by if any member of the Security Council – notably China – attempts to shield Mr. al-Bashir. I’d also like to see the administration name a special envoy to take charge of the Sudan/Darfur issue (there are a number of attractive options but I’d urge the President to choose Gov. Richardson, who has worked this issue in the past, to serve).

An envoy would be in a position to take advantage of the space created by the ICC and push for a comprehensive peace agreement. Such an agreement would likely include: 

A long-term U.N. peacekeeping group in the region.
Complete demilitarization of the militia groups.
Governance concessions by the Sudanese central authorities.
Transfer of two other alleged war criminals – former Minister of State for the Interior Ahmed Haroun and janjaweed militia leader Ali Kushayb – to the ICC. 

The ICC has created some space – let’s hope the administration can use it.

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