Pre-Trial Chamber I requests observations from
Malawi on the enforcement of warrants of arrest against Omar Al Bashir
ICC-CPI-20111019-PR733
, Press Release: 19.10.2011
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DO
– question
Bashir
enjoys immunity ratione personae as an incumbent head of state. In relation to
art. 98 of Rome Statute, is it more appropriate to cite art. 25 of the UN
Charter as a basis for obligation of Malawi to cooperate with the ICC ?
Sudan
is not a party to the ICC. Art. 27 of the Rome Statute (immunity) does not
apply to Bashir.
I
can see no treaty that removes immunity Bashir is entitled to under CIL.
But
Sudan is a UN member state and, accordingly, has an obligation to carry out decision of the
UNSC. UNSC referred the situation to the ICC.
================ ==
Case: The Prosecutor v. Omar Hassan Ahmad
Al Bashir
Situation: Darfur, Sudan
Situation: Darfur, Sudan
On
19 October 2011, Pre-Trial Chamber I of the International Criminal Court (ICC)
issued a decision requesting the Republic of Malawi to submit, no later than 11
November 2011, any observations with regard to the alleged failure by
the Republic of Malawi to comply with the cooperation requests issued by
the Court for the arrest and surrender of the Sudanese President, Omar
Hassan Ahmad Al Bashir.
The
Chamber was seized on an ICC Registry’s report indicating that various media
had reported that Omar Al Bashir had visited the Republic of Malawi on 14
October 2011, and highlighting the Registrar had sent a note verbale, that
remained unanswered, to the Embassy of the Republic of Malawi in Brussels on 13
October 2011, reminding the Republic of Malawi of its legal
obligations as a State Party to the Rome Statute and asking for its
cooperation for the arrest and surrender of Mr Al Bashir "in the event
that the latter would enter Malawi's territory".
The
Chamber also noted article 87(7) of the Statute providing that
"[w]here a State Party fails to comply with a request to cooperate by the
Court contrary to the provisions of this Statute [...] the Court may make a
finding to that effect and refer the matter to the Assembly of States Parties
or, where the Security Council referred the matter to the Court, to the
Security Council".
On
27 August 2010 and on 12 May 2011, Pre-Trial Chamber I had issued three
decisions informing the Security Council of the United Nations and the Assembly
of States Parties to the Rome Statute about Omar Al Bashir’s visits to the
Republic of Kenya, the Republic of Chad and to Djibouti, ‘in
order for them to take any measure they may deem appropriate’. On 25 October
2010 and on 1 December 2010, the Judges had also issued two decisions
requesting the Republic of Kenya and the Central African Republic to
inform the Chamber about any problem which would impede or prevent the arrest
and surrender of Omar Al Bashir in the event that he visits these countries.
On
4 March, 2009, Pre-Trial Chamber I issued a first warrant of arrest
against Mr Al Bashir, considering that there were reasonable grounds to believe
that the suspect was criminally responsible for five counts of crimes against
humanity and two counts of war crimes. A second warrant of arrest was
issued against Mr Al Bashir on 12 July, 2010, for three counts of genocide.
Bashir's
visit fallout: US lawmaker wants Malawi axed from MCC program
18
OCTOBER 2011
ATLANTA,
US--A United State lawmaker has demanded that the Millennium Challenge
Corporation (MCC) drop Malawi from the program after learning that Sudanese
President Omar al-Bashir, indicted by the International Criminal Court (ICC)
for genocide, was allowed to enter the country for a trade summit.
Representative
Frank Wolf wrote Pres Barack Obama, Secretary of State Hillary Clinton and MCC
CEO Daniel Yohannes, to say that “[i]t is unconscionable that American tax
dollars are going to a country that openly allows someone like Bashir to
visit.”
The
$350 million MCC program, which was suspended after the Malawi violent
crackdown on anti-government protests in July, is five-year compact aimed at
improving the country’s power sector, spur private investment, and promote
sustainable economic growth.
When
the agreement was signed, Pres Bingu wa Mutharika said the agreement, which
followed three years of labour intensive negotiations, said the energy sector was
one of his government top priorities and he promised the Americans to uphold
the rule of law and respect the democratic principles which are some of the
conditions for the grant.
