Since the early 1990s, I have been reporting about the monstrous abuses and genocide in Sudan first in the South against black Christians and animists, and then in Darfur against black African Muslims. In December 2005, I saw a flicker of hope that, despite the uselessness of the United Nations, this modern holocaust might be stopped. That hope sprang from an article I read in the Washington Post by two senators: Democrat Barack Obama and Republican Sam Brownback.

In "Policy Adrift in Darfur," the senators (Brownback has actually gone to Darfur) wrote: "If the United States does not change its approach to Darfur, an already grim situation is likely to spiral out of control. When the history of this tragedy is written, nobody will remember how many times officials visited the region or how much humanitarian aid was delivered. They will only remember the death toll."

As the death toll continued to mount, there was hope again on March 4 last week when the International Criminal Court at last issued an arrest warrant for Africa's Hitler, Sudanese President Omar Hassan al-Bashir. He is charged with five crimes against humanity: murder, extermination, forcible transfer (of civilian populations), torture and rape.

This personification of evil will also be tried, if he can be apprehended, for two war crimes: intentionally directing attacks against civilians and for pillaging, his forces stealing livestock and burning villages, with sometimes black infants tossed into the flames. Strangely, the charge of genocide is not included, although there is ample evidence that al-Bashir fully intended to destroy the black tribes of Darfur as his ruthless Janjaweed killers kept gleefully assuring their victims.

Also on March 4, before an orchestrated huge crowd in Khartoum, al-Bashir, as he was dancing and swaying, told the ICC to "eat" its arrest warrant while the cheering crowd burned in effigy the court's undeviating chief prosecutor, Luis Moreno-Ocampo, who clearly should have been Time Magazine's "Man of the Year."

In further strutting his contempt of the ICC, al-Bashir commanded 13 foreign humanitarian organizations to get out of the country within 24 hours as his thugs ransacked their offices, taking computers and whatever cash they could find.

U.N. Secretary-General Ban Ki-Moon, at last summoning what appeared to be real clear anger at the bloodthirsty head of this sovereign state, emphasized that 4.7 million of al-Bashir's people are in need of aid. These are such basic needs as food, drinking water and medical care.

Amid the closing of clinics and deteriorating sanitation, such infectious diseases as cholera will spread. On March 6, the Washington Times and the Associated Press quoted World Health Organization spokeswoman Fadela Chaib on an outbreak of meningitis in Nyala, south of Darfur. It was precisely in that area that the Holland branch of Doctors Without Borders was carrying out meningitis vaccinations. But this indispensable humanitarian organization was one of the 13 expelled by al-Bashir.

Said one of its ousted workers (Washington Post, March 5), who had been assigned to one of Darfur's largest refugee camps, "People have nothing there. The meningitis outbreak alone could lead to thousands of deaths."

On Feb. 21, anticipating the ICC's issuance of this first arrest warrant for a sitting head of state, al-Bashir's rightly feared head of Sudan's National Security and Intelligence Service, Salah Gosh (a sometimes CIA Intelligence source about terrorists in Africa, but not in Khartoum) has warned anyone anywhere who intended to actually arrest his commander-in-chief:

"Anyone who attempts to put his hands to execute (International Criminal Court) plans, we will cut his hands, head and parts because it is a non-negotiable issue." And with unexpected frankness, he added (as reported by the invaluable

"We (the government) were Islamic extremists, then became moderate and civilized, believing in peace and life for everyone. However, we will revert back to how we were if necessary. There is nothing any easier than that." Mr. Gosh somehow omitted saying actually when the former National Islamic Front government had become civilized.

Presumably, al-Bashir is a wanted man anywhere he travels. The ICC's court registrar, Silvana Arbia, declares that the obligation to surrender al-Bashir falls on all 108 countries who are part of the ICC; members of the U.N. Security Council; "and any other state as may be necessary." And chief Prosecutor Moreno-Ocampo insists:

"The judges were clear. There is no immunity for heads of States before the ICC. As soon as al-Bashir travels through international air space, he can be arrested. It will be two months or two years, but he will face justice."

Will he really be in the dock at the Hague?

Next week: With al-Bashir still a free genocidaire, the only realistic way, so far, to ensure he and justice will finally meet begins with, as I shall explain, no-fly zones over Sudan. It will be up to NATO; the European Union, particularly France; and President Obama. George W. Bush was the first head of state to call this Sudan holocaust genocide. But it continued, and grew. Obama's administration is "urgently" reviewing what should be done. We'll see.

Nat Hentoff is a nationally renowned authority on the First Amendment and the Bill of Rights. He is a member of the Reporters Committee for Freedom of the Press, and the Cato Institute, where he is a senior fellow.