Pre-Trial Chamber II informs the United Nations Security Council about Sudan’s non-cooperation in the arrest and surrender of Omar Al Bashir
Today, 9 March 2015, Pre-Trial Chamber II of the International Criminal Court (ICC) decided that the Republic of Sudan failed to cooperate with the Court by not arresting and surrendering Omar Al Bashir to the Court over the last years. The Chamber decided to inform the United Nations Security Council (UNSC) to take the necessary measures it deem appropriate. The Chamber stressed that if there is no follow up action on the part of the UNSC, any referral by the Council to the ICC under Chapter VII of the UN Charter would never achieve its ultimate goal, namely, to put an end to impunity.
The Chamber highlighted that, although Sudan is not a State party to the ICC Rome Statute, it has an obligation to cooperate with the ICC; this obligation stems directly from the United Nations’ Charter as Sudan is a UN member since 12 November 1956 and the UNSC has adopted, under Chapter VII of the UN Charter, a resolution 1593 (2005) in which it was decided that the “Government of Sudan […] shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to this resolution”.
The Chamber found that Sudan has failed to cooperate with the Court by constantly refusing to engage in any sort of dialogue with the responsible organs of the Court over the past six years and to execute the pending requests for the arrest and surrender of Omar Hassan Ahmad Al Bashir. The Chamber also found that Sudan did not discharge its obligations to consult or notify the Court of any impediment to execute the pending requests.
On 4 March 2009, Pre-Trial Chamber I issued a first warrant of arrest for Mr Al Bashir, considering that there are reasonable grounds to believe that the suspect is criminally responsible for five counts of crimes against humanity and two counts of war crimes. The same Chamber, albeit with a different composition, issued a second warrant of arrest was issued for Mr Al Bashir on 12 July 2010, for three counts of genocide.
