Al Bashir case: ICC Pre-Trial Chamber II finds non-compliance of Uganda and Djibouti; refers matter to ASP and UN Security Council
On 11 July 2016, Pre-Trial Chamber II of the International Criminal Court (ICC) decided that the Republics of Uganda and Djibouti had failed to comply with the request for arrest and surrender of Omar Al Bashir to the ICC and referred the matter to the Assembly of States Parties to the Rome Statute and the United Nations Security Council.
It is now up to them to take the measures they deem necessary regarding this matter.
Omar Al Bashir is facing two ICC arrest warrants for five counts of crimes against humanity, two counts of war crimes and three counts of genocide. All States Parties to the Rome Statute have the obligation to execute the warrants of arrest against Mr Al Bashir.
In two separate decisions, the Judges noted that Uganda and Djibouti did not arrest and surrender Omar Al Bashir while he was present on their territories to attend inauguration ceremonies in May 2016, thereby preventing the Court from exercising its functions and powers under the Rome Statute. Government authorities did not raise with the Court any problem they might have identified in the execution of the ICC’s requests for arrest and surrender.
