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Visit of ICC Suspect Al-Bashir to Malawi: Latest Statements and News

13 Oct 2011

Dear all,

Please find enclosed media statements issued by members of the Coalition for the International Criminal Court following reports that Sudanese President and International Criminal Court (ICC) suspect Omar Al-Bashir is currently in Malawi to attend a summit scheduled for tomorrow, 14 October 2011.

President Al-Bashir is under two ICC arrest warrants for genocide, crimes against humanity and war crimes allegedly committed in Darfur. Malawi 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, Malawi is in violation of 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 MEMBER MEDIA STATEMENTS

1. "Malawi must arrest Sudan's al-Bashir during visit," Amnesty International Media Statement, 13 October 2011, http://www.amnesty.org/en/news-and-updates/malawi-must-arrest-sudan’s-al-bashir-during-visit-2011-10-13

"Malawi should arrest wanted Sudanese President Omar al-Bashir and surrender him to the International Criminal Court (ICC), Amnesty International said today.

Al-Bashir is due in Malawi tomorrow to attend a regional trade summit, despite two international warrants for his arrest on charges of genocide, crimes against humanity and war crimes for his role in the Darfur conflict.

Malawian President Bingu wa Mutharika said this March that African leaders should only ever be tried domestically for their crimes, not by the ICC.

"President Mutharika's public reluctance to back the ICC is unacceptable," said Marek Marczynski, Research, Policy and Campaign Manager of Amnesty International's Campaign for International Justice.

"The authorities have legal obligations to provide real justice for victims of crimes against humanity and other crimes under international law in Darfur, and should not be welcoming international fugitives."

If Malawi fails to arrest President Omar al-Bashir, it would be in violation of its obligations under the Rome Statute of the ICC, which it ratified on 19 September 2002.

Since the Darfur conflict started in 2003, more than 300,000 people have been killed, thousands raped, and millions forcibly displaced.

An arrest warrant for President Bashir was issued by the ICC in March 2009 on charges of crimes against humanity and war crimes. A further arrest warrant with three charges of genocide in Darfur was issued in July 2010.

Amnesty International has called on all members of the international community to assist the ICC in executing its arrest warrants in the Sudan situation."

2. "Malawi: Arrest Sudanese President al-Bashir or Bar His Entry: International Criminal Court Warrants Should be Enforced," Human Rights Watch Media Statement, 13 October 2011, http://www.hrw.org/news/2011/10/13/malawi-arrest-sudanese-president-al-bashir-or-bar-his-entry

"(New York) - Malawi should arrest Sudanese President Omar al-Bashir or bar his entry to the country, Human Rights Watch said today. Al-Bashir is expected to travel to Malawi to attend the Common Market for Eastern and Southern Africa (COMESA) summit on Friday, October 14, 2011.

"Al-Bashir is an international fugitive wanted on charges of genocide and other heinous crimes committed in Darfur," said Elise Keppler, international justice senior counsel at Human Rights Watch. "As an International Criminal Court member, Malawi should arrest him, not host him."

Since the International Criminal Court (ICC) issued the first of two arrest warrants for al-Bashir for alleged crimes in Darfur in March 2009, his world has been shrinking, Human Rights Watch said. A number of anticipated visits to ICC member and non-member countries have been cancelled following public outcry. These include visits to Central African Republic, Kenya, Turkey, Zambia, and Malaysia. Other countries, such as South Africa, have publicly indicated that al-Bashir will be arrested if he enters their territory.

Many civil society organizations across Africa have called on their leaders to support the court, Human Rights Watch said. The only ICC member countries that have allowed al-Bashir on their territories since the ICC issued arrest warrants for him are Chad, Kenya, and Djibouti. Al-Bashir also traveled to China in June 2011.

"Very few countries have defied their obligations as International Criminal Court members to allow al-Bashir on their territory," said Keppler. "Malawi should uphold its commitment to justice for grave crimes by cooperating with the ICC.""

II. RELATED NEWS

1. "Sudan's Bashir lands in Malawi, defying war crimes warrant," Agence France-Presse, 13 October 2011, http://www.google.com/hostednews/afp/article/ALeqM5j2f7v6ByFmxo6jOjpT1PzfC5M4EQ?docId=CNG.7dbe9a730cea189265834a9542aa7568.371

2. "Sudanese president al-Bashir welcomed in Malawi," Associated Press, 13 October 2011, http://www.miamiherald.com/2011/10/13/2452354/sudanese-president-al-bashir-welcomed.html

3. "'No issues' with al-Bashir, 'he's a free man' in Malawi-Kaliati," Raphael Tenthani, The Maravi Post, 13 October 2011, http://www.maravipost.com/malawi-politics/district/5914-no-issues-with-al-bashir-hes-a-free-man-in-malawi.html

4. "'Malawi should arrest al-Bashir'," Agence France-Presse, 13 October 2011, http://www.iol.co.za/news/africa/malawi-should-arrest-al-bashir-1.1156868?showComments=true

5. "Malawi to allow Sudan's Bashir in for summit," Reuters, 13 October 2011, http://af.reuters.com/article/topNews/idAFJOE79C08K20111013
6. "Malawi dismisses HRW demands to arrest fugitive al-Bashir," Nyasa Times, 13 October 2011, http://www.nyasatimes.com/malawi/2011/10/13/malawi-dismisses-hrw-demands-to-arrest-fugitive-al-bashir/

7. "Bashir due at Malawi summit, despite war crimes warrant," Associated Press, 12 October 2011,http://www.google.com/hostednews/afp/article/ALeqM5i1TFOGvDAyrBjm00bCpkNPNd1jqQ?docId=CNG.31489099dea4e6b34171e1a5ec101a16.6e1

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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