The International Criminal Court's indictment of Sudanese President Omar al-Bashir on charges of genocide and war crimes has touched off a distracting debate over the timing rather than the substance of the action.

The ICC accuses President al-Bashir specifically of masterminding a plan to destroy Darfur's three main ethnic groups in the past five years of civil war in the nation.

Specifically, court prosecutor Louis Moreno-Ocampo identified state-sponsored crimes resulting in nearly 35,000 civilian deaths since March 2003 and the rape of thousands of women and girls. President al-Bashir's government also "consistently obstructs or blocks humanitarian assistance" to help the people of Darfur.

More than 100,000 people displaced by the violence have suffered "slow death" from hunger and poor living conditions, the court alleges.

The ICC's actions were the first it has taken against a sitting head of state, although other heads of state have been accused by other international war crimes courts.

Yet Mr. al-Bashir's indictment has provoked debate over the timing and wisdom of indicting him.

Starting at home, the Bush administration had a tepid response to the court, motivated in part by the White House's refusal to recognize the legitimacy of the court out of concern that it might be used against American servicemen and women.

However, the administration has also described the Sudanese atrocities as genocide, leading a spokesman to say that "recognition of the humanitarian disaster and the atrocities that have gone on there is a positive thing."

Around the world, the indictment is also causing concern for the impact it might have on negotiations to end the war. Opponents fear that the indictment could harden President al-Bashir's stance and result in a popular backlash against the peace process in his support.

A Sudanese government spokesman said, "Everybody in Sudan — the government, the people, even the opposition parties — are against this."

An official with the Justice and Equality Movement, one of the rebel groups in the region, said they "will not negotiate" with Mr. al-Bashir now that he is an indicted war criminal.

Yet, other international observers believe the indictment could be used to pressure the Sudanese president.

The indictment has to be followed by an arrest warrant issued by the three ICC judges at the court in The Hague. That might not happen for months, so it might be used as leverage to gain cooperation from President al-Bashir in exchange for suspending court action.

As for negotiations, John Prendergast, co-founder of Enough, a group seeking an end to genocide, said, "The peace process is dead."

The genocidal war and humanitarian disaster in Darfur continues. For that, the ICC is right to hold President al-Bashir accountable.