(EMAILWIRE.COM, December 13, 2011 ) The Hague -- Today, 13 December 2011, Pre-Trial Chamber I of the International Criminal Court (ICC) decided that the Republic of Chad failed to cooperate with the Court by not arresting and surrendering Omar Al Bashir to the Court during his visit to Chad on 7 and 8 August 2011. The Chamber decided to refer the matter to both the United Nations Security Council and the Assembly of States Parties to the Rome Statute, founding treaty of the ICC.


The Chamber indicated also that the Republic of Chad failed to comply with its obligations to consult with the Chamber by not bringing the issue of Omar Al Bashir’s immunity to the Chamber for its determination. The Chamber recalled its decision on the non-cooperation of the Republic of Malawi, issued on 12 December 2011, and reaffirmed that there is no conflict between the obligations of States Parties to the Rome Statute towards the Court to arrest and surrender the suspect and their obligations under customary international law. Thus, the States Parties, as well as the African Union, can not rely on article 98-1 of the Rome Statute to refuse to comply with the ICC’s requests for cooperation regarding the arrest and the surrender of Mr Al Bashir.

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. A second warrant of arrest was issued for Mr Al Bashir on 12 July 2010, for three counts of genocide.

By previous decisions, the Chamber has informed the United Nations Security Council and the Assembly of States Parties to the Rome Statute of Omar Al Bashir’s visits to Djibouti, Chad and Kenya, as well as of the non-cooperation of the Republic of Malawi in arresting Mr Al Bashir. The Chamber had also informed the Security Council of the non-cooperation of Sudan with the Court concerning the arrest and surrender of Mr Ali Kushayb and Mr Ahmad Harun. 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.








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