Situation: Darfur, Sudan
Case: The Prosecutor v. Omar Hassan Ahmad Al Bashir
On 15 July 2013, Pre-Trial Chamber II of the International Criminal Court (ICC) requested the Federal Republic of Nigeria to immediately arrest Sudanese President Omar Al Bashir, on visit to Abuja (Nigeria) and to surrender him to the ICC. Omar Al Bashir faces charges of war crimes, crimes against humanity and genocide, allegedly committed in Darfur (Sudan).
The Chamber recalled that Nigeria is a State party to the Rome Statute since 2001, and has the obligation to execute the Court’s orders. The Chamber also noted that the situation in Darfur was referred to the ICC by resolution 1593 of the United Nations Security Council and that, according to article 87(7) of the Rome Statute, "[w]here a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute [...] the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council".
The Chamber instructed the ICC Registrar to immediately transmit the decision to the Nigerian authorities, and to prepare a report to the Chamber concerning Omar Al Bashir's visit to the Federal Republic of Nigeria.
Sudanese President Omar Al Bashir is alleged to have committed 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 committed against the Fur, Masalit and Zaghawa ethnic groups. Two warrants of arrest have been issued in this case. The suspect remains at large.
The ICC has informed the United Nations Security Council and the Assembly of States Parties to the Rome Statute of Mr Al Bashir’s visits to Djibouti, Chad and Kenya, as well as of the non-cooperation of Malawi and Chad in arresting Mr Al Bashir. It is for the United Nations Security Council and the Assembly of States Parties to take any measure they may deem appropriate to ensure the full cooperation with the ICC.
Decision Regarding Omar Al-Bashir's Visit to the Federal Republic of Nigeria
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