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.
Decision on the non-compliance by the Republic of Uganda with the request to arrest and surrender Omar Al-Bashir to the Court and referring the matter to the United Nations Security Council and the Assembly of State Parties to the Rome Statute.
Decision on the non-compliance by the Republic of Djibouti with the request to arrest and surrender Omar Al-Bashir to the Court and referring the matter to the United Nations Security Council and the Assembly of the State Parties to the Rome Statute.
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.