Sudanese president arrives in Chad as ICC asks for his arrest

February 15, 2013 (WASHINGTON) – The Sudanese president Omer Hassan
al-Bashir arrived in the Chadian capital of Ndjamena on Friday
afternoon in a new defiance of the International Criminal Court (ICC)
warrants issued against him in 2009 and 2010.
Sudanese president Omer Hassan al-Bashir (ASHRAF SHAZLY/AFP/Getty Images)
Bashir is charged with ten counts of war crimes, crimes against
humanity and genocide he allegedly masterminded in Sudan’s western
region of Darfur.

He is representing Sudan in the the Community of Sahel-Saharan (CEN-SAD) summit

Chad, a member of the ICC, is theoretically obligated to apprehend the
Sudanese leader once he arrived on its territory.

But the government in Ndjamena has showed no interest in enforcing the
warrant as this marks the third time that Bashir has visited since the
Hague-based court ordered his arrest.

On Friday, the ICC judges issued an order at the request of prosecutor
Fatou Bensouda reminding Chad of its obligations under the court’s
founding document known as the Rome Statute.

"The Chamber notes that the Republic of Chad is a State Party to the
Statute since 1 January 2007, and accordingly, it is under the
obligation, in accordance with articles 86 and 89 of the Statute, to
execute the pending Court’s decisions concerning the arrest and
surrender of Omar Al-Bashir," the judges said in court documents
published on the ICC website.

"The Chamber further notes that according to article 87(7) of the
Statute "[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".

Chad’s previous non-cooperation instances were reported to the UNSC
along with other ICC members who received Bashir including Malawi,
Kenya and Djibouti.

But the UNSC took no action against these nations and the African
Union (AU) issued a resolution backing the decision of these countries
to allow Bashir’s visit.

Members of the AU rallied behind Bashir and decided that the continent
will not cooperate with the ICC in apprehending the Sudanese leader
though several countries did not abide by it.

The AU summit that took place in Addis Ababa last month omitted the
usual mention of urging its members to ignore ICC warrant against
Bashir. A source told Sudan Tribune that African diplomats did not
believe this was a pressing issue warranting discussion this time
around.

The president of the ICC Assembly of State Parties Tiina Intelmann
transmitted a demarche to ambassadors of Chad in New York and in
Brussels on Thursday to urge cooperation by Chad with the ICC. She
also wrote a letter to Chad’s foreign minister Moussa Faki Mahmat.

Close to 100 human right groups and law societies across Africa signed
a letter addressed to the Chadian president urging him to honor his
country’s obligations to the ICC.

"Permitting President al-Bashir to visit Chad without executing these
warrants would run counter to Chad’s obligations as a state party to
the Rome Statute of the ICC, in particular Articles 86 and 89(1). It
would also send damaging signals to victims of mass atrocities in
Darfur and globally, and undermine Chad’s credibility on issues of
justice and accountability," said the letter seen by Sudan Tribune.

"[W]e urge the Chadian government to clearly affirm its commitment to
cooperate with the ICC, as states such as South Africa, Uganda and
Botswana, and Malawi have already done, and clarify that should
President al-Bashir enter Chad, he will be arrested. This would be an
important way to demonstrate respect for victims of the crimes
committed, along with Chad’s commitment to end impunity".

The ICC judges today also called on Libya to arrest Bashir should he
visit as reported this week by state-linked media. It was said that
the Sudanese president would fly to Tripoli from Chad to attend the
celebrations commemorating the outbreak of the revolution that toppled
the regime of late leader Muammar Gaddafi.

But a source in New York told Sudan Tribune today that the Libyan
mission confirmed that Bashir will not be travelling there.

The United Nations has estimated that around 300,000 people have died
during the conflict in Darfur and some 2 million people been
displaced. Khartoum puts the death toll at 10,000.

(ST)

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