Omar al-Bashir is a war criminal, no doutbt about that. Because of his genocidal tendencies hundreds of thousands of Sudanese in the East, West and South of the vast African country have lost their lives. Almost two million have been displaced from their homes and live lives not worth living. He deserves nothing but to be locked up in a tiny cell for the rest of his life.

Omar al-Bashir is also still the president of Sudan. He still has access to the security apparatus of Sudan. He can revoke aid licenses. He can bomb villages. He can jail aid workers. He has been doing a few of these things since his arrest warrant was issued by Moreno-Ocampo. He expelled aid workers in Darfur whom he accused of colluding with the ICC in gathering evidence against him. As the aid workers leave or downsize their involvement in Darfur hundreds of thousands of IDPs will be left without hope – the same people that institutions like the ICC are supposed to protect.

Justice is political. It is not some abstraction. It depends on realities on the ground. And for now the situation in Darfur is not conducive to the idea of arresting the commander in chief of the Sudanese Army. Omar al-Bashir is as guilty as charged. But it might do the Sudanese more good to engage him constructively than to demand for his immediate arrest.