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ICC Suspect Al-Bashir Travels to Djibouti: Coalition Members Media Statements

10 May 2011

Dear all,

As a follow up to yesterday's message regarding the visit of Sudanese President and International Criminal Court (ICC) suspect Omar Hassan Ahmad al-Bashir to Djibouti on 7-8 May 2011 to attend the inaugural ceremony of Djibouti's president Ismail Omar Guelleh, please find below media statements issued by members of the Coalition for the International Criminal Court relating to these developments.

President al-Bashir is under two ICC arrest warrants for genocide, crimes against humanity and war crimes allegedly committed in Darfur. Djibouti is a state party to the Rome Statute of the ICC - the founding treaty of the first permanent international court capable of trying perpetrators of genocide, crimes against humanity, and war crimes. By welcoming al-Bashir on its territory and failing to arrest him, Djibouti has violated its obligation to cooperate fully with the Court.

For more information the Court's investigation in Darfur, Sudan, visit: http://www.coalitionfortheicc.org/?mod=darfur

Please take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the Coalition will not take a position on potential and current situations before the Court or situations under preliminary examination. The Coalition, however, will continue to provide the most up-to-date information about the ICC.

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. ICC SUSPECT AL-BASHIR'S TRAVEL TO DJIBOUTI: COALITION MEMBERS' MEDIA STATEMENTS

1. "Djibouti should stand up for justice and not grant impunity to President Al-Bashir", No Peace Without Justice Media Statement, 9 May 2011, http://www.npwj.org/ICC/Djibouti-should-stand-justice-and-not-grant-impunity-President-Al-Bashir.html

"Brussels/Rome: On Sunday 8 May 2011 President Omar al-Bashir of Sudan travelled to Djibouti to attend the inauguration ceremony of Djibouti president Ismail Omar Guelleh. President al-Bashir is the subject of an arrest warrant by the International Criminal Court (ICC) for genocide, war crimes and crimes against humanity committed against the civilian population in Darfur. Djibouti is a State Party to the ICC and as such, has a legal obligation under the Rome ICC Statute to arrest any person for whom the Court has issued a warrant.

Statement by Alison Smith, Legal Counsel of No Peace Without Justice:

"The ICC judges have issued an arrest warrant for President al-Bashir, having found there are reasonable grounds to believe that he may be responsible for genocide, war crimes and crimes against humanity in Darfur. For President al-Bashir, it can no longer be business as usual: there are consequences and it is for every State Party of the ICC to ensure the arrest warrant is not simply swept under the carpet.

"No Peace Without Justice and the Transnational Nonviolent Radical Party call upon the ICC and its State Parties to take an unequivocal stand and uphold the commitments they made upon their ratification of the Rome Statute. By hosting President al-Bashir, the Government of Djibouti has missed an opportunity to demonstrate its commitment to justice for the victims of the crimes in Darfur for which President al-Bashir allegedly bears the greatest responsibility.

While it is certainly in the interest of President Al-Bashir to expand the range of countries where he is seen to be able to travel with impunity, it does not seem to be in Djibouti's interest to be considered a safe haven for war criminals. "We call on all States Parties to stand up for justice and stand up for the victims in Darfur.""

2. "Djibouti refuses to arrest Sudanese President Omar Al-Bashir", Amnesty International Public Statement, 9 May 2011, http://www.iccnow.org/documents/Djibouti_refuses_to_arrest_Sudanese_President_Omar_Al_Bashir.pdf

"Amnesty International deeply regrets that the Djiboutian authorities failed to arrest Sudan's

President Omar Al-Bashir during his visit to the country to attend the inauguration ceremony of Djiboutian President Ismail Omar Guelleh to a third term in office. Amnesty International recalls that the President of Sudan is the subject of an arrest warrant by the International Criminal Court for genocide, crimes against humanity and war crimes in Darfur.

Djibouti has hereby followed the example of Kenya and Chad in 2010 of violating its obligations under international law by providing safe haven to President Al-Bashir during his visit to the country. As Djibouti has been a state party to the Rome Statute of the International Criminal Court since 2003, the national authorities are obliged to cooperate with the Court, including arresting persons it has charged. It is also troubling that senior government members from both France and the United States of America reportedly attended the inauguration alongside President Al Bashir, as the Security Council, in its referral of the situation in Sudan to the International Criminal Court in 2005, explicitly urged all states to cooperate fully with the Court. Amnesty International is also calling on the International Criminal Court to make a finding of non-cooperation by Djibouti and to transmit that finding to the Security Council, as provided by article 87(7) of the Rome Statute. Amnesty International is calling on all members of the international community to ensure full accountability for international crimes committed in Sudan."

SEE ALSO:

3. «Sudan: Indecent presence of a Minister of the French Republic on the side of Omar Al-Bashir in Djibouti » (« Soudan : Présence indécente d'un ministre de la République française aux côtés d'Omar El-Béchir à Djibouti » ) , Joint statement, AI France, FIDH, HRW, LDDH, LDH, 9 May 2011, http://www.amnesty.fr/Presse/Communiques-de-presse/Presence-d-un-ministre-de-la-Republique-francaise-aux-cotes-d-Omar-El-Bechir-2623 (In French)


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CICC's policy on the referral and prosecution of situations before the ICC:

The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to-date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts. Communications to the ICC can be sent to: ICC P.O. box 19519 2500 CM the Hague The Netherlands