MaxShimba
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[h=5][/h]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 doesnt 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 Kenyas 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 Courts 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 also argues that ICC is targeting Africa.
- Daily Nation