Egypt promises Sudan’s Bashir immunity once it joins ICC
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May 8, 2011 (KHARTOUM) – The Egyptian government assured Sudan that
president Omer Hassan Al-Bashir will not be arrested on its
territories once Cairo ratifies the Rome Statute which is the founding
treaty of the International Criminal Court (ICC).
JPEG - 51 kb
Egyptian foreign minister Nabil Elaraby (L) meeting with his Sudanese
counterpart Ali Karti in Cairo May 7, 2011 (Egypt Foreign Ministry
website)
Bashir is wanted by the International Criminal Court (ICC) for
allegedly orchestrating war crimes, crimes against humanity and
genocide in Sudan’s western Darfur region against the African tribes
of Fur, Zaghawa and Masaalit.
Last month, the Egyptian foreign minister Nabil Elaraby said that his
country will soon accede to the Rome Statute as part of its efforts to
become a "legally constituted state" after the overthrow of President
Hosni Mubarak last February.
Egypt followed the path of Tunisia which also saw a popular uprising
last January that toppled the regime of Zine el Abidine Ben Ali who
stayed in power for 23 years. The major Arab power signed the Rome
Statute in 2000 but has yet to ratify it, a process which required
parliamentary review.
The topic was subject of discussion between Elaraby and his Sudanese
counterpart Ali Karti who was on a visit to Cairo.
Sudan’s foreign ministry spokesperson Khalid Moussa was quoted by the
country’s official news agency (SUNA) as saying that Egypt will invoke
Article (98) of the Rome Statute which will allow it to receive Bashir
without being obligated to arrest him.
Article 98 of the Rome Statute prohibits the Court from requesting
assistance or the surrender of a person to the Court if to do so would
require the state to "act inconsistently" with its obligations under
international law or international agreements either regarding its own
third-party states or international agreements either regarding its
own third-party states unless the state or the third-party state
waives the immunity or grants cooperation.
The United States under George Bush’s administration has signed
bilateral immunity agreements with over 100 states under this clause
to protect its citizens from possible ICC prosecutions and being
extradited to the Hague.
In an interview with the independent Al-Shorooq newspaper last April
in Cairo, the Egyptian top diplomat referred to Article 98 with regard
to the status of Bashir should he visit. However, he fell short of
saying that Egypt will resort to this legal tactic.
Sudanese officials have privately expressed concern over Egypt’s
intention to join the court which they see as a blow to their efforts
to undermine the ICC in Africa and the Arab world.
The former Sudanese justice minister Abdel-Basit Sabdarat echoed the
sentiment telling a visiting Egyptian delegation consisting of
political leaders on Sunday that Cairo should review its decision on
joining the ICC.
"I blame the Egyptian foreign ministry for their decision to ratify
the [Rome] treaty which was rejected by the Arab League besides
ignoring the feelings of the brotherly Sudanese people which the court
is working to threaten their security," Sabdarat said.
"Did Egypt solve all its internal and external problems to worry in
the present time about joining the ICC?" he added.
Sabdarat further said that Sudanese people felt "stabbed in the back"
when Egyptian officials met with ICC prosecutor Luis Moreno-Ocampo
during his visit to Cairo in early April. He said that the Egyptian
diplomacy should act in a more "awareness" when dealing with Sudanese
issues.
The New-York based Human Rights Watch (HRW) hailed Egypt’s decision to
ratify the Rome Statute saying that it sends an important message to
Egyptians about the direction the country intends to take.
"At a time when there is a major risk of crimes against humanity and
war crimes in many countries in the region, the move by Egypt to
ratify the Rome Statute sends a strong message that the days of
absolute impunity for these crimes are ending," said Sarah Leah
Whitson, Middle East and North Africa director at Human Rights Watch.
"Foreign Minister El-Araby’s announcement is very significant" Whitson
said. "Now Egypt should make a clear break with the obstructionist
foreign policy of its predecessor, and take a leading role in
protecting human rights in Africa, at the UN, and on international
justice."
(ST)
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