Congo must apprehend President Bashir and transfer him to The Hague to face
genocide charges
Posted by Holly
Dranginis<http://www.enoughproject.org/blogs/holly-dranginis> on
Feb 26, 2014


The president of Sudan, Omar al-Bashir, arrived in the Democratic Republic
of Congo last 
night<http://www.google.com/hostednews/afp/article/ALeqM5j0H7jeaKvjlpZSrglqkD9CA0OQUQ?docId=604cfb84-fd6f-4c15-beca-1af3c55e256f>
for
a conference of the Common Market for Eastern and Southern Africa (COMESA),
being held in the capital city of Kinshasa. The Congolese government must
apprehend President Bashir and assist in his immediate transfer to the ICC
to face charges.

President Bashir is indicted by the International Criminal Court (ICC) for
genocide, war crimes, and crimes against humanity related to his role in
atrocities committed in Darfur beginning in 2003. Several other members of
the African Union such as Malawi, South Africa, Kenya and Zambia have
refused to host the Sudanese leader, cancelling proposed trips or inviting
alternate Sudanese officials.

Human rights groups <http://www.sudantribune.com/spip.php?article50092> across
Africa have actively sought to compel al-Bashir's arrest in correlation
with his visits. For example, in Nigeria last year, President Bashir was in
the country for fewer than 24 hours and abruptly left before his scheduled
presentation due to public protests and court actions to compel his arrest.
A number of Congolese organizations have come together and filed a petition
stating their opposition to Bashir's presence in Congo, reiterating Congo's
obligations under the Robe Statute, and demanding his transfer to The Hague.

"The DRC must show that it is on the side of victims of crimes against
humanity, war crimes and genocide and arrest Al-Bashir," stated Dismas
Kitengue, president of Groupe Lotus, a Congolese human rights organization,
and vice-president of the International Federation for Human Rights, a
Paris-based human rights organization.

As Congo embarks on its own renewed peace process, including promoting
accountability for war crimes and crimes against humanity committed in
Congo, apprehending President Bashir would underpin its support to victims
of atrocity and its conviction that justice is an essential element of
peace.

As a party to the Rome Statute, Congo is obligated to cooperate with
the 
ICC<http://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/PR984.aspx>
and
arrest Bashir. The jurisdiction of the Court over the Darfur situation was
triggered by a Security Council resolution, which also triggers an
obligation by all UN member states to cooperate with the Court. The court
has issued a recent statement reiterating Congo's obligation to arrest and
transfer President Bashir. Representatives of the Congolese government have
said they defer to COMESA and must follow protocol by respecting President
Bashir's invitation and presence.

In privileging its allegiance to COMESA protocol over their obligations to
the Rome Statue and the ICC, the Congolese government is privileging
impunity over justice.

We stand with the growing number of Congolese and international civil
society groups calling on the Congolese government to apprehend President
Bashir and assist in his transfer to the Hague to answer charges before the
Court. Similar robust civil society outcry was successful in deterring
President Bashir from a recent visit to Nigeria. Bashir's presence in Congo
is an unprecedented opportunity to deliver justice to the people of Darfur
and send a message worldwide that individuals indicted for war crimes must
not be afforded safe haven.

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