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News : International Last Updated: Feb 6, 2017 - 2:32:04 PM


Coalition for the ICC: Nigeria Must Arrest Al-Bashir
By Coalition for the International Criminal Court (CICC)
Jul 12, 2013 - 8:35:13 PM

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Nigeria has international obligation to arrest Sudanese president wanted by ICC for graves crimes in Darfur


New York/The Hague— Nigeria must honor its obligations under the Rome Statute of the International Criminal Court (ICC) by arresting Sudanese President and ICC suspect Omar Al-Bashir or by cancelling his proposed visit to Nigerian territory, the Coalition for the ICC said today.

“Permitting President Al-Bashir to visit its territory without arresting him would constitute a failure of Nigeria to meet its obligations under the Rome Statute of the ICC,” said Stephen Lamony, senior adviser for the Coalition for the ICC. “If Nigeria and other members of the ICC are committed to ending impunity, they must not allow ICC arrest warrants to go unenforced, and at the very least must not accept visits from suspects like Al-Bashir.”

News reports indicate that Al-Bashir is due to travel to Nigeria on Monday, 15 July to attend a summit on HIV/AIDS. As a state party to the Rome Statute, Nigeria is obligated to arrest Al-Bashir should he arrive in the country.

Al-Bashir has been wanted by the Court since 2009 for war crimes and crimes against humanity allegedly committed during the conflict in Sudan’s Darfur region. The following year, the Court issued an arrest warrant for Al-Bashir for the charge of genocide.

“The victims of the conflict in Darfur have suffered without justice for more than a decade due in part to the reluctance of some ICC member states to abide by the arrest warrants for Al-Bashir and other ICC suspects in Darfur,” said Lamony. “Nigeria must decide whether it will stand with Darfur’s innocent victims or ignore their right to justice.”

The ICC investigation in Darfur began in June 2005 after being referred to the Court by the United Nations Security Council, which had determined the conflict there a threat to international peace and security. However, the Council has subsequently failed to ensure the cooperation necessary for ICC prosecutions to take place.

BACKGROUND: None of the four outstanding ICC arrest warrants against suspects in the Darfur investigation have been executed. The Sudanese government has openly defied and consistently refused to cooperate with the Court and the international community. On 26 March 2013, ICC pre-trial judges issued a decision of non-cooperation against Chad following a visit by Al-Bashir to the country. Similar judicial decisions were made by the Court in December 2011 and August 2010 and all were referred to the UN Security Council and Assembly of States Parties for them to take any action they deemed appropriate.

Summonses to appear have been issued for rebel leaders Abu Garda and for Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus for war crimes against African Union peacekeepers in Darfur. The two have been cooperating voluntarily with the ICC and the start of their trial is set for 5 May 2014. However, on 23 April 2013, the defense for Jerbo notified the Court of his death in North Darfur allegedly during an attack by a faction of the Justice and Equality Movement. The Court has not yet confirmed his death.

The ICC is the world's first permanent international court to prosecute 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 unwilling or unable to investigate and prosecute perpetrators of genocide, crimes against humanity and war crimes. There are currently eight investigations before the Court: the Central African Republic; Côte d’Ivoire; the Democratic Republic of the Congo; Darfur, the Sudan; Uganda; Kenya; Libya; and Mali. The ICC has publicly issued 22 arrest warrants and nine summonses to appear. The Court issued a judgment in its first trial on 14 March 2012. Two other trials are ongoing.

The ICC Office of the Prosecutor has also made public that it is conducting eight preliminary examinations on four continents: Afghanistan, Colombia, the Comoros referral, Georgia, Guinea, Honduras, Republic of Korea and Nigeria. The Coalition for the International Criminal Court is a global network of civil society organizations in 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

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