Arrest and Surrender Sudanese President al-Bashir to Us, ICC Tells US

Arrest and Surrender Sudanese President al-Bashir to Us, ICC Tells US

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International Criminal Court Judges now want US authorities to arrest indicted Sudanese President Omar al-Bashir and hand him over to the Court, should he set foot there next week.

Presiding Judge Ekaterina Trendafilova, Judges Hans-Peter Kaul and Cuno Tarfusser said they would like US authorities to apprehend the Sudanese leader because there are two arrest warrants on his neck.

“The Chamber invites the competent authorities of the United States of America toarrest Omar Hassan Ahmad Al Bashir and surrender him to the Court, in the event he enters their territory,” the judges sitting as Pre-Trial Chamber II bench said on Wednesday.

The decision arose from an application by prosecutors to have the Chamber “ensure that the arrest warrants are executed” especially after reports that President al-Bashir had applied for a Visa to travel to the US for the 68th UN Ordinary General Assembly.

The US is not a member of the ICC and hence it doesn’t have obligation to arrest Mr Bashir but could still cooperate with the Court on an ad-hoc basis.

However, on Tuesday, US officials told journalists they would cooperate with the Court should he travel to New York.

“The United States, as a non-State Party to the (Rome) Statute, has no obligations vis-à-vis the Court arising from the Statute. The Chamber notes, however, that the situation in Darfur was referred to the Court by the SC (Security Council) and that SC Resolution 1593 (2005),” the judges said.

The resolution in question urged “all States and concerned regional and otherinternational organizations to cooperate fully.”

The Court has also sent a note verbale to US embassies in the UK to the Kingdom of the Netherlands with a “view to reminding the competent authorities of the United States of the requests for arrest and surrender sent by the Court in 2009 and 2010 to member States of the Security Council not parties to the Rome Statute and inviting them to cooperate with the Court in this respect”.

CRIMES AGAINST HUMANITY

The ICC thinks, Mr al-Bashir, a former military general, is criminally responsible for ten counts on the basis of his individual criminal responsibility an indirect co-perpetrator in war in Darfur. He has been indicted for five counts of crimes against humanity in murder, extermination, forcible transfer, torture, and rape.

He is also indicted for two counts of war crimes: intentionally directing attacks against a civilian population as such or against individual civilians not taking part in hostilities and three counts of genocide.

The then Chief Prosecutor Luis Moreno-Ocampo first applied for warrants of arrestwhich were awarded in March, 2009 by the Pre-Trial Chamber I.

The same Chamber issued the second warrants on July 12, 2010.

But al-Bashir has continued to tour countries around the world and especially Africa which has the highest number of ICC members. In 2010, he attended Kenya’s promulgation of the new Constitution despite Kenya being a member of the ICC.

In November 2011, a Kenyan High Court Judge issued arrest warrants against the Sudanese leader should he set foot in Kenya. Activists had moved to court seeking to have the government compelled to arrest al-Bashir if he returned to Nairobi. Mr Bashir responded by warning Kenya against using Sudanese airspace unless the verdict was overturned immediately.

But Kenya played diplomatic ball by sending Bashir a letter which was delivered by the then Vice President Kalonzo Musyoka. The then Foreign Affairs Minister Moses Wetangula later told parliament that the question of whether Kenya would arrestBashir or not was “neither here nor there” and that the Court’s directive could not be implemented.

The government later appealed the decision. The matter is still pending at the Kenyan Court of Appeal.

In October 2011, the Sudanese leader attended a Common Market for Eastern and Southern Africa (Comesa) meeting in Malawi but President Bingu wa Mutharika (now deceased) did not arrest him.

When the ICC reported him to the UN Security Council, Mutharika threatened to pull his country out of the ICC. The US suspended its aid to the southern Africa nation.

Last year though, the shoe seemed to be in the other foot because Malawi PresidentJoyce Banda said she would arrest him if he attended an AU meeting.

Al-Bashir cancelled the visit.

African countries such as Kenya, Malawi, Ethiopia and Chad (where Bashir has visited since he was indicted) have argued that they are implementing an AU resolution not to arrest and handover a sitting president to the ICC. The AU al
so argues that ICC is targeting Africa.

- Daily Nation
 
Mahakama hii inafanya kazi yake pole pole kwa kushtukiza,sikutegemea wangetoa rai kumkamata Omar Al Bashir,Mda si mrefu utashangaa Kagame na Uhuru watapewa shuruti la kukamatwa baada ya kusikilizwa
 
Mbona hawamfuati Assad, Wangapi wakufa pale Syria? Hivi hawa watu bado wanataka kuendeleza ukoloni
 
Mahakama hii inafanya kazi yake pole pole kwa kushtukiza,sikutegemea wangetoa rai kumkamata Omar Al Bashir,Mda si mrefu utashangaa Kagame na Uhuru watapewa shuruti la kukamatwa baada ya kusikilizwa

George Bush, Dick Cheney, Condoleeza Rice, Colin Powell, Donald Rumsfeld, Paul Wolfowitz, Tony Blair and list goes on ARE ALL WAR CRIMINALS. What does she intend to do about them? ------- wahed!!!

Iraq invasion was based on lies; was not authorized by their own remote control, the UN; has directly resulted in loss of millions of innocent lives; and forever instability of a sovereign nation with now "indirectly" continuing loss of lives.

Hongera Kenya kwa kujing'atua kutoka katika uozo huu wa ICC.

Doesn't this ICC understand that US is not signatory of the statute? How can then any of US law enforcement institutions be used to apprehend a "suspected" war criminal according to this statute? What right has US have under the statute?

Doesn't this ICC understand that UN, despite being in the American soil, it is place for the Nations United, not for US of America, and for it (ICC) requesting US to interfere with the activities of a particular head of state while there for UN activities is itself criminal, blackmailing, intimidation and just pure act of barbarism?

If this ICC thinks the US is so pure to uphold any element of the statute, why don't they request it (US) to sign/rectify the statute?

By the way, you also know why Kagame is not at the ICC at this stage, don't you? He just knows how to deal with them, atamwagia mchanga wa macho au awachanganyie sukari yao na mchanga. Mbali ya ku-deal nae, Kagame hakuwa -------- kama walivyokuwa baadhi ya viongozi wengi wa Kiafrika, hakuitika moja kwa moja matakwa yao yooote ya kula kwa kupindukia na kuipa mgongo kabisa kabisa nchi yake na kuwapa usinggizi wananchi kama wao walivyomtaka au kumtegemea afanye. Kagame ka-deal nao, kafanya baadhi tu ya waliyoyataka, mengine kaitikia tu lakini hakufanya au kafanya total the opposite bila ya wao kutegemea - "yaani kawapiga goli la kisigino". Kala kiasi na kawabakishia watu wake vya kushiba, hakuisahau nchi yake na watu wake. Katumia experience kuwaamsha badala ya kuwatia usingizi watu wake kama alivyofanya mfano wa Mobutu. Wakati huu wanafiki waMagharibi wanaamka na kujikuta kwamba they have to deal with dozens of Kagames, wote wana elimu na uwezo sawasawa wa kuweza kuwamwagia mchanga machoni au kuchanganya mchanga na sukari yao (plots zao). At this stage, they are in dilema!!! Wanajaribu lakini bado muda haujafika, na utakapofika je!!! who is once again going lo loose?? Africa!!! Oh! what a shame!!!
 
George Bush, Dick Cheney, Condoleeza Rice, Colin Powell, Donald Rumsfeld, Paul Wolfowitz, Tony Blair and list goes on ARE ALL WAR CRIMINALS. What does she intend to do about them? ------- wahed!!!

Iraq invasion was based on lies; was not authorized by their own remote control, the UN; has directly resulted in loss of millions of innocent lives; and forever instability of a sovereign nation with now "indirectly" continuing loss of lives.

Hongera Kenya kwa kujing'atua kutoka katika uozo huu wa ICC.

Doesn't this ICC understand that US is not signatory of the statute? How can then any of US law enforcement institutions be used to apprehend a "suspected" war criminal according to this statute? What right has US have under the statute?

Doesn't this ICC understand that UN, despite being in the American soil, it is place for the Nations United, not for US of America, and for it (ICC) requesting US to interfere with the activities of a particular head of state while there for UN activities is itself criminal, blackmailing, intimidation and just pure act of barbarism?

If this ICC thinks the US is so pure to uphold any element of the statute, why don't they request it (US) to sign/rectify the statute?

By the way, you also know why Kagame is not at the ICC at this stage, don't you? He just knows how to deal with them, atamwagia mchanga wa macho au awachanganyie sukari yao na mchanga. Mbali ya ku-deal nae, Kagame hakuwa -------- kama walivyokuwa baadhi ya viongozi wengi wa Kiafrika, hakuitika moja kwa moja matakwa yao yooote ya kula kwa kupindukia na kuipa mgongo kabisa kabisa nchi yake na kuwapa usinggizi wananchi kama wao walivyomtaka au kumtegemea afanye. Kagame ka-deal nao, kafanya baadhi tu ya waliyoyataka, mengine kaitikia tu lakini hakufanya au kafanya total the opposite bila ya wao kutegemea - "yaani kawapiga goli la kisigino". Kala kiasi na kawabakishia watu wake vya kushiba, hakuisahau nchi yake na watu wake. Katumia experience kuwaamsha badala ya kuwatia usingizi watu wake kama alivyofanya mfano wa Mobutu. Wakati huu wanafiki waMagharibi wanaamka na kujikuta kwamba they have to deal with dozens of Kagames, wote wana elimu na uwezo sawasawa wa kuweza kuwamwagia mchanga machoni au kuchanganya mchanga na sukari yao (plots zao). At this stage, they are in dilema!!! Wanajaribu lakini bado muda haujafika, na utakapofika je!!! who is once again going lo loose?? Africa!!! Oh! what a shame!!!

I strongly agree with everything you said. That is where I begin to see the light of Kenyans grumbling to pull themselves out of this said ICC which is not actually the ICC but the OACC (Only Africans Criminal Court).
 
Is ICC for African Leaders ONLY? Some institutions are made to humiliate and dehumanizing Africans. African countries should never be part of this institution.
 
Is ICC for African Leaders ONLY? Some institutions are made to humiliate and dehumanizing Africans. African countries should never be part of this institution.

We can briefly say that there is no such a thing as ICC but rather OACC which means the Only Africans Criminal Court.
The ICC does not exist in real sense, take this from me brother.
 
We can briefly say that there is no such a thing as ICC but rather OACC which means the Only Africans Criminal Court.
The ICC does not exist in real sense, take this from me brother.

One of the USA Senator did say ICC is ACC=African Criminal Court, now I know. Thanks Skype.
 
One of the USA Senator did say ICC is ACC=African Criminal Court, now I know. Thanks Skype.

You know, sometimes the whites are determined to make us fools, uncivilized and poor as well.

If we do not wake up ourselves then no one is gonna make us awake from a deep sleep.

I would like to extend my sincere congrats to Kenyans for having started the game.
 
RIP Kwame Nkurumah, the only African greatest thinker of all, he had a good idea of uniting Africa but he never got to his objectives.

Had it not been the selfishness of some African leaders (Museven as an example), we would have had the UNITED STATES OF AFRICA that would be strong and tough.
 
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