Wanted for genocide, Sudanese president denied airspace to travel to Indonesia
New York/The Hague — The
last-minute cancellation of Sudanese President Omar Al-Bashir’s trip to
Indonesia this week is a welcome rebuke to fugitives from international
justice, the Coalition for the International Criminal Court said today.
The
Sudanese president was scheduled to travel to Indonesia for the 2015
Asian-African Summit, but the visit was cancelled when he was reportedly
denied permission to fly over several states.
Al-Bashir
is accused of war crimes, crimes against humanity and genocide in
Darfur. The ICC has issued two warrants for his arrest.
“Al-Bashir’s
attendance at the Asian-African Summit would have been a black mark on
Indonesia’s human rights record and an insult to the victims of Darfur,”
said Amielle Del Rosario, Asia-Pacific coordinator at the Coalition for the ICC.
“The states that denied him their airspace to travel have taken a
strong stand against impunity. More should follow their lead.”
Civil
society had called on Indonesia to withdraw its invitation to
Al-Bashir, noting the country’s human rights commitments. While
Indonesia is not a member of the ICC, the UN Security Council resolution
which referred the situation in Darfur to the Court urges all UN
members to fully cooperate with the Court.
“The
Indonesian government should take this near-miss as an opportunity to
put in place a strong policy on avoiding contact with ICC fugitives and
reaffirm its commitment to justice and human rights for all,”
Del Rosario added. “Becoming an ICC member would be a good place to start.”
In
a statement, the Commission for the Disappeared and Victims of Violence
(KontraS) and the Indonesian Coalition for the ICC criticized the
Indonesian government for agreeing to host Al-Bashir:
“The
visit of President Omar Al-Bashir to Indonesia on the occasion of the
Asian-African Conference must be used by Indonesian President Joko
Widodo to show his commitment towards International law and
mainstreaming human rights in Indonesian diplomacy. Indonesia, as a
member of the Human Rights Council, must cooperate with International
Criminal Court and respect international law.”
In a letter
to Indonesian President Joko Widodo, BashirWatch—a network of several
civil society groups, including our Coalition—called on Indonesian
authorities to bring Al-Bashir to justice:
“The
Bashir Watch Coalition urges the Government of Indonesia to stand for
justice for the people of Sudan and refuse to allow an individual
charged with genocide, war crimes, and crimes against humanity into its
territory. If Bashir enters Indonesia, this coalition calls on the
Indonesian authorities to arrest him and transfer him to the ICC so that
he can face the charges against him.”
The Bashir Watch Coalition, KontraS and the Indonesian Coalition for the ICC each also called for Indonesia to join the ICC.
Due
to the ICC’s lack of enforcement mechanisms, the Court must rely on
member states to execute arrest warrants. Unfortunately, a number of
countries have failed to do so, including ICC member states Nigeria and
the Democratic Republic of the Congo.
Civil
society strenuously objected to Al-Bashir’s travel to those countries,
and in Nigeria filed a motion to compel the government to arrest the
Sudanese president, prompting him to abruptly leave the country.
In
2011, public pressure forced the cancellation of a planned visit to
Malaysia. At the time, a Malaysian official said Al-Bashir’s appearance
could prove to be an “embarrassment” to the country.
Background:
The ICC is the world’s first permanent international court to have
jurisdiction over war crimes, crimes against humanity, and genocide.
Central to the Court’s mandate is the principle of complementarity,
which holds that the Court will only intervene if national legal systems
are unable or unwilling to investigate and prosecute perpetrators of
genocide, crimes against humanity and war crimes.
There
are currently nine active investigations before the ICC: the Central
African Republic I & II; DRC; Darfur, Sudan; Kenya; Libya; Uganda;
Côte d’Ivoire and Mali. The ICC has publicly issued 31 arrest warrants
and nine summonses to appear. Two trials are ongoing. There have been
two convictions and one acquittal.
Nine
preliminary examinations are currently ongoing. Four examinations are
in Phase 2 (subject matter jurisdiction), including Palestine, Honduras,
Ukraine, and Iraq. Afghanistan, Colombia, Georgia, Guinea and Nigeria
have entered Phase 3 (admissibility). The Office of the Prosecutor has
concluded preliminary examinations relating to Venezuela, Palestine, the
Republic of Korea and the Comoros referral, declining in each case to
open an investigation.
The
Coalition for the International Criminal Court is a global network of
civil society organizations in over 150 countries working in partnership
to strengthen international cooperation with the ICC; ensure that the
Court is fair, effective and independent; make justice both visible and
universal; and advance stronger national laws that deliver justice to
victims of war crimes, crimes against humanity and genocide. www.coalitionfortheicc.org