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Visit of ICC Suspect al-Bashir to Chad: Latest Statements and News

09 Aug 2011

Dear all,

It was reported that Sudanese President and International Criminal Court (ICC) suspect Omar al-Bashir travelled to Chad on 7 August 2011 to attend the inauguration ceremony of Chad's President Idriss Deby.

Please find below statements issued by members of the Coalition for the International Criminal Court (I) and the European Union (II) as well as related news and opinions (III) relating to this development.

President al-Bashir is under two ICC arrest warrants for genocide, crimes against humanity and war crimes allegedly committed in Darfur. Chad 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, Chad is violating its obligation to cooperate fully with the Court.

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

With regards,
CICC Secretariat
www.coalitionfortheicc.org

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I. COALITION MEMBERS STATEMENTS

1. "NPWJ urges Chad to arrest President Bashir; ICC and States Parties should press Chad to comply with legal obligations," No Peace Without Justice, 8 August 2011, http://www.npwj.org/ICC/NPWJ-urges-Chad-arrest-President-Bashir-ICC-and-States-Parties-should-press-Chad-comply-with-leg

"President Omar al-Bashir of Sudan arrived yesterday in the Republic of Chad to attend the swearing-in ceremony of re-elected head of state Idriss Deby Itno. 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. Chad is a State Party to the ICC and as such, is obliged by the ICC's founding treaty to arrest any person for whom the Court has issued a warrant.

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

'No Peace Without Justice and the Transnational Nonviolent Radical Party call upon the Government of Chad to fulfil its obligations as a State Party of the ICC and arrest President al-Bashir while he remains on Chadian territory. This is the second time President al-Bashir has visited Chad while he is subject to an ICC arrest warrant: Chad should stop willingly harbouring fugitives from the Court and instead comply fully with its obligations under the Rome Statute.

'We also call on the ICC itself and all of its States Parties to speak out strongly against Chad's ongoing embrace of President al-Bashir and to use all possible channels to press the Chadian Government to execute the arrest warrant before he leaves the country.

'The Court and States Parties should also send a clear message to the Government of Chad that its failure to comply with its obligations would have consequences. The judges of the Court could make a finding that Chad's non-cooperation has prevented the ICC from exercising its functions and could refer the matter to the Assembly of States Parties or the United Nations Security Council as a result. We call on the Court and States Parties to be prepared to take these steps, if necessary.

'Hundreds of thousands of victims of violence in Darfur now live as refugees in Chad and the ICC has found that there is reasonable basis to believe that President al-Bashir may have been responsible for some of the crimes they suffered. Now is not the time to consolidate President al-Bashir's hold on power, particularly as President Deby begins a new term in office. President Deby should begin his new term by standing up for human rights and demonstrating that impunity will not be tolerated. Today, Chad can strike a decisive blow for peace in the region by removing from the equation one of the actors who has been most responsible for the decades of instability it has endured.'"

2. "EU criticizes Bashir's visit to Chad despite ICC warrant," Sudan Tribune, 8 August 2011 http://www.sudantribune.com/EU-criticizes-Bashir-s-visit-to,39783

" ... Human Rights Watch (HRW) also chided Chad over its decision to receive Bashir again.

"A return visit by al-Bashir would make a mockery of Chad's commitments to the International Criminal Court, and would be an insult to victims of atrocities in Darfur and globally," said Balkees Jarrah, international justice counsel with Human Rights Watch.

"Al-Bashir is a fugitive from justice for heinous crimes in Darfur. As a state party to the ICC, Chad is obligated to arrest al-Bashir, who is wanted on charges of genocide, war crimes and crimes against humanity."..."

3. "Sudanese President's controversial Chad visit," Amnesty International, 8 August 2011, http://www.amnesty.org/en/news-and-updates/video-and-audio/sudanese-presidents-controversial-chad-visit- (AUDIO)

"Amnesty International's Marek Marczynski says Chad should take action against Omar Al-Bashir...."

II. STATEMENT OF THE EU HIGH REPRESENTATIVE FOR FOREIGN AND SECURITY POLICY

1. "Statement by the spokesperson of High Representative Catherine Ashton on President Al-Bashir's visit to Chad," High Representative of the Union for Foreign Affairs and Security Policy/Vice President of the Commission, Brussels, 8 August 2011, http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/EN/foraff/124195.pdf

"The spokesperson of High Representative of the Union for Foreign Affairs and Security Policy/Vice President of the Commission Catherine Ashton issued the following statement today:

'The High Representative is concerned by the second visit of President Omar Al-Bashir to Chad, a State party to the Rome Statute of the International Criminal Court (ICC), on 7 August 2011.

While welcoming the improvement and normalisation of the relations between Chad and Sudan, she firmly recalls the importance of all Member States of the United Nations abiding by and implementing the resolutions adopted by the Security Council under Chapter VII of the UN Charter, in this case, UNSCR 1593(2005). She urges Chad to respect its obligations under international law to arrest and surrender those indicted by the ICC.

The European Union is a staunch supporter of the ICC and the fight against impunity. The Court is a valuable instrument of the international community to ensure that there is no impunity for the most serious crimes of international concern; genocide, crimes against humanity and war crimes must not go unpunished and their prosecution must be ensured by measures at both domestic and international level'."

III. RELATED NEWS AND OPINIONS

1. "In Presence of Al Bashir, Deby Sworn In For A New Presidential Term", Sudan Vision, 9 August 2011, http://www.sudanvisiondaily.com/modules.php?name=News&file=article&sid=79103

2. "EU says Chad should have arrested Sudan's Bashir," Reuters, 8 August 2011, http://af.reuters.com/article/chadNews/idAFLDE77711720110808

3. "Accompanied by a high- level delegation," Al Sammani Awadallah, Sudan Vision, 8 August 2011, http://www.sudanvisiondaily.com/modules.php?name=News&file=article&sid=79089

4. "Omar al-Bashir is starting the week well," David Bosco, The Multilateralist (Foreign Policy), 8 August 2011, http://bosco.foreignpolicy.com/posts/2011/08/08/omar_al_bashir_is_starting_the_week_well

5. "Bashir among African leaders in Chad for Deby inauguration," AFP, 7 August 2011, http://www.google.com/hostednews/afp/article/ALeqM5hjB5Bh4fIM5pS5reE-m3i15QEqyw?docId=CNG.5461b9ba016d10bd037873b0126a788c.c01

6. "Sudan's Bashir to Attend Chad President's Inauguration," VOA News, 7 August 2011, http://www.voanews.com/english/news/africa/Sudans-Bashir-to-Attend-Chad-Presidents-Inauguration-127086593.html

7. "Sudan's Bashir to visit Chad on Sunday: report," Sudan Tribune, 6 August 2011, http://www.sudantribune.com/Sudan-s-Bashir-to-visit-Chad-on,39748

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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
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