Turkey inched closer to ratifying ICC statute during Al-Bashir’s visit
August 20, 2008 (ANKARA) – The Turkish government moved ahead in its plans to ratify the Rome Statute which forms the basis of the International Criminal Court (ICC).
The ratification now heads to the Turkish parliament for consideration and a vote before it becomes official.
Ironically the Sudanese president Omer Hassan Al-Bashir started an official visit to Turkey on the same day where he took part in the Turkish-African summit along with other leaders.
This is Al-Bashir’s first visit since the ICC’s prosecutor Luis Moreno-Ocampo announced in mid-July that he requested an arrest warrant for Al-Bashir.
Ocampo filed 10 charges: three counts of genocide, five of crimes against humanity and two of murder. Judges are expected to take months to study the evidence before deciding whether to order Al-Bashir’s arrest.
Even if an arrest warrant was issued during Al-Bashir’s visit, Turkey had no obligation to apprehend the Sudanese head of state since they are not members of The Hague based court.
Turkey has been hesitant for years to join the ICC but the European Union stipulates ratification of the Rome Statute for Ankara to be eligible for its membership. The government has also been under pressure from human rights group to proceed with ICC membership.
Ankara initially wanted incorporation of terrorism crimes into the Statute before it can endorse. Any changes to the Rome Statute must approved by the 108 countries comprising ICC members.
Some Turkish parliamentarians from the opposition indicated that they will vote against the ratification saying they want terrorism to be part of the ICC jurisdiction.
The ruling Justice and Development Party controls 341 of the 550 available seats in the legislative body. According to the Turkish electoral system, this translates to 46.6% voting power.
The ICC is steadily gaining international recognition as world countries ratify the Rome Statute. Three states ratified the treaty this year; Madagascar, Suriname and Cooks Islands. Major countries such as the US, China, Russia and India have yet to sign the convention.
If an arrest warrant is issued for Al-Bashir he is vulnerable to be arrested in any ICC member country he travels to.
The Sudanese president hinted in an interview with Reuters that he may only visit countries which are not members of the ICC.
“We are not concerned about traveling, ourselves, we have good relations with a number of countries that do not have relations with the ICC” he said.
Sudan has not ratified the Rome Statute, but the UNSC triggered the provisions under the Statute that enables it to refer situations in non-State parties to the world court if it deems that it is a threat to international peace and security
(ST)