Al Bashir case: ICC Appeals Chamber invites submissions from Sudan and Mr Al Bashir on legal questions raised by Jordan

Today, 25 May 2018, the Appeals Chamber of the International Criminal Court ("ICC" or "Court") invited submissions, by 16 July 2018, from the competent authorities of the Republic of Sudan and Mr Omar Hassan Ahmad Al Bashir on the legal questions raised by the Hashemite Kingdom of Jordan ("Jordan") in its appeal pending before the Appeals Chamber.

Jordan's appeal against Pre-Trial Chamber II's decision of 11 December 2017 concerns a finding that Jordan, a State Party to the Rome Statute since 2002, had failed to comply with its obligations under the statute by not executing the Court's request for Mr Al Bashir's arrest and surrender to the Court while he was on Jordanian territory attending the League of Arab States' Summit on 29 March 2017. The Pre-Trial Chamber had decided to refer the matter of Jordan's non-compliance to the Assembly of States Parties and the United Nations Security Council. On 12 March 2018, Jordan appealed this decision. This will be the first time that the Appeals Chamber will consider the matter of a referral of a State Party's non-compliance to the Assembly of States Parties and the United Nations Security Council.

The Appeals Chamber had, on 29 March 2018, invited observations from the United Nations and Regional Organisations (specifically the African Union, the European Union, the League of Arab States and the Organization of American States), ICC States Parties and Professors of International Law on legal questions raised by Jordan.

Order inviting submissions

Background: The situation in Darfur, Sudan, was referred to the Court by the United Nations Security Council in its resolution 1593 of 31 March 2005. The Prosecutor opened an investigation in June 2005. On 4 March 2009 and 12 July 2010, respectively, the ICC issued two arrest warrants against Omar Al Bashir for five counts of crimes against humanity (murder, extermination, forcible transfer, torture and rape), two counts of war crimes (intentionally directing attacks against a civilian population as such or against individual civilians not taking part in hostilities, and pillaging), and three counts of genocide allegedly committed against the Fur, Masalit and Zaghawa ethnic groups in Darfur, Sudan, from 2003 to 2008.

Further information on this case is available here.

For further information, please contact Fadi El Abdallah, Spokesperson/Head, Public Affairs Unit, International Criminal Court, by telephone at: 31 (0)6 46448938 or by e-mail at: [email protected]

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