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

10 Jan 2012

Dear all,

Please find below the latest Coalition members' media statements on the recent visit of ICC suspect Sudanese President Omar Al Bashir to Libya (I) as well as related news articles (II).

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 analysis. 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. COALITION MEMBERS' STATEMENTS AND OP-EDS

1. "Libya should stand up for justice, not grant impunity to President al-Bashir," No Peace Without Justice Press Release, 7 January 2012, http://www.npwj.org/ICC/Libya-should-stand-justice-not-grant-impunity-President-al-Bashir.html

"On Saturday 7 January 2012, Sudanese President Omar al-Bashir travelled to Libya as part of a two-day visit and was met by Mustafa Abdul Jalil, Chair of Libya's National Transitional Council, at the Tripoli airport. President al-Bashir is the first sitting President indicted by the International Criminal Court (ICC), which issued a warrant of arrest against him in March 2009 for allegedly bearing the greatest responsibility for genocide, crimes against humanity and war crimes in Darfur.

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

'No Peace Without Justice (NPWJ) and the Nonviolent Radical Party, Transnational and Transparty (NRPTT) laments the acceptance by Libya's transitional ruling authorities to host Sudanese President Al-Bashir, which blatantly contradicts the values and principles championed by those brave men and women who carried out the revolution and threw out the previous dictatorial regime.

'By hosting a head of State who is on the run from international arrest warrants for grave human rights violations, the National Transitional Council has missed an opportunity to demonstrate its commitment to justice, the rule of law and the promotion and protection of human rights.

'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 is not in Libya's interest to be considered a safe haven for war criminals, particularly given the situation with Saif al-Islam. We have said before that since Libya seems to be willing to prosecute war criminal themselves, once we are sure it is able, the ICC should defer to Libyan prosecutions of Libya's alleged war criminals, including Saif al-Islam. Shielding President Al-Bashir from the ICC and welcoming him at the highest levels has to give pause for thought as to whether Libya really is willing to ensure no impunity for war crimes and crimes against humanity.

'Hundreds of thousands of victims of the violence in Darfur now live as refugees as a result of the crimes committed against them. 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. The time has come to hold President al-Bashir and other ICC fugitives to account, not to welcome them with open arms and to stand up for justice and for victims everywhere.'"

2. "The Arab spring's Sudanese subplot is cause for concern," Kate Allen, Amnesty International, The Guardian, 10 January 2012, http://www.guardian.co.uk/commentisfree/2012/jan/10/arab-spring-sudan-libya?CMP=twt_gu

"One of the weekend's more unsettling sights was the visit of the Sudanese president Omar al-Bashir to Tripoli, the guest of Libya's National Transitional Council government.

Bashir was there ostensibly to forge political ties with Libya's interim rulers, but as the NTC well knew, Bashir is a wanted man. The international criminal court has issued international arrest warrants in respect of alleged crimes against humanity and genocide conducted by Sudanese forces - and proxy militias - in Sudan's western region, Darfur.

What was the NTC thinking, then, in allowing Bashir into the country to make speeches about the challenge of disarming former rebel militias?

Libya is not a signatory to the ICC treaty so is not legally bound to arrest Bashir (something, incidentally, that other countries who are signatories have also failed to do). But it must realise that hosting Bashir is effectively to cock a snook at the Hague court and its chief prosecutor, José Luis Moreno Ocampo.

This is all the more curious when you recall the already fraught relationship between the ICC and Tripoli over the trial of Saif Gaddafi and Abdullah al-Senussi, Libya's former intelligence chief. Assessments from the likes of Amnesty International's Donatella Rovera are that Libya is currently incapable of being able to guarantee the kind of comprehensive, fair trial that would satisfy the ICC. In short, Libya and the ICC seem to be on a collision course (as Chris Stephen explains). ...."

II. RELATED NEWS AND OPINIONS

1. "Libya and the ICC - on course for collision or cooperation?," Richard Walker, RNW, 9 January 2012, http://www.rnw.nl/africa/article/libya-and-icc-course-collision-or-cooperation

2. "Sudan's Bashir warns Libya of Kadhafi remnants," AFP, 9 January 2012, http://www.google.com/hostednews/afp/article/ALeqM5jbvFWWnpsSkVxWQcwP9fiP4aCWng?docId=CNG.befd8261ddab57b82fa93d007250aad6.511

3. "Bashir Visits Libya: But Where's the West's Condemnation?," Mark Kersten, Justice in Conflict, 9 January 2012, http://justiceinconflict.org/2012/01/09/bashir-visits-libya-but-wheres-the-wests-condemnation/

4. "Sudan's Bashir offers to help form new Libyan army," Mahmoud Habboush, Reuters, 8 January 2012, http://af.reuters.com/article/topNews/idAFJOE80700420120108?sp=true

5. "Sudanese rebels call on Libya's NTC to arrest Bashir during Tripoli visit," Al Arabiya, 8 January 2012, http://english.alarabiya.net/articles/2012/01/08/187049.html

6. "Rights group condemns Libya visit by Sudan's Bashir," Reuters, 7 January 2012, http://af.reuters.com/article/topNews/idAFJOE80601L20120107?sp=true

7. "Sudan's Bashir offers help to Libya during criticised visit," BBC News, 7 January 2012, http://www.bbc.co.uk/news/world-africa-16454493

8. "Sudan Leader Offers Help Disarming Libyan Militias," Ben Hubbard and Rami El-Shaheibi, AP, 7 January 2012, http://abcnews.go.com/International/wireStory/sudan-president-1st-visit-post-gadhafi-libya-15310828#.TwxT1aVAYoJ

9. "Bashir says working with Libya to protect borders," Mohammed Al Tommy, Reuters, 9 January 2012, http://af.reuters.com/article/topNews/idAFJOE80800L20120109?feedType=RSS&feedName=topNews&sp=true

10. "Yikes! Bashir Visits as Libya Defends Right to Try Saif," Mark Kersten, Justice in Conflict, 8 January 2012, http://justiceinconflict.org/2012/01/08/yikes-bashir-visits-as-libya-defends-right-to-try-saif/

11. "Sudan's Bashir criticises Kadhafi during Libya visit," AFP, 7 January 2012, http://www.google.com/hostednews/afp/article/ALeqM5ja3d3qzLcHACEC7erds79072vZWg?docId=CNG.c491790352f9e17d471995233507ef23.931

12. "Sudan's Bashir arrives in Libya," AFP 7 January 2012, http://www.news24.com/Africa/News/Sudans-Bashir-arrives-in-Libya-20120107

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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.

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