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African leaders expected to reaffirm Bashir’s immunity from prosecution

July 24, 2010 (WASHINGTON) — The leaders of African states meeting at the African Union (AU) summit taking place in Uganda are expected to adopt a draft resolution affirming last year’s decision on non-cooperation with the International Criminal Court (ICC) in arresting the Sudanese president Omer Hassan Al-Bashir.

Members of Ugandan army wait as the plane carrying Libyan leader Muammar Gaddafi lands at the airport in Entebbe 42km (25 miles) south of Uganda's capital Kampala, July 24, 2010 (Reuters)
Members of Ugandan army wait as the plane carrying Libyan leader Muammar Gaddafi lands at the airport in Entebbe 42km (25 miles) south of Uganda’s capital Kampala, July 24, 2010 (Reuters)
Bashir is wanted by the ICC on charges of war crimes and crimes against humanity he allegedly committed in Sudan’s Western region of Darfur since 2003. This month the court added genocide to the charges, accusing him of presiding over rape, torture and murder targeting the African tribes of Fur, Zaghawa and Masaalit.

The arrest warrant limited Bashir’s travels abroad as he is vulnerable to arrest particularly in countries that have ratified the Rome Statute of the ICC. However, this week Bashir made a daring visit to ICC member Chad to attend the summit of the Community of Sahel-Saharan states (CENSAD).

Chad said it has no obligation to arrest Bashir in line with AU non-cooperation resolution and accused the court of bias against Africa. The Chadian government at the time rejected the resolution and vowed to arrest the Sudanese president in line with its obligations under the statute.

However, a rapprochement between the two countries that led to expulsion of rebel groups on both sides of the borders put an end to years of proxy war.

In Kampala, a draft text was being circulated advising AU members not to cooperate with the ICC in apprehending Bashir and included tough words for prosecutor Luis Moreno-Ocampo.

“[The AU] reiterates its decision that AU member states shall not cooperate with the ICC in the arrest and surrender of President Bashir,” the draft resolution says according to Reuters.

“[The AU] expresses concern over the conduct of the ICC prosecutor who has been making unacceptable statements on the case of President Bashir, of the Sudan and on other situations in Africa,” the draft said.

The continental body stopped short of telling its members not to arrest Bashir at a January summit in the Ethiopian capital Addis Ababa.

It is not clear if any objections were raised to the draft text which comes a month after Kampala hosted the review conference of the ICC. At the conference attended by several high level African officials, the role of the ICC was praised.

Following the adoption of the non-cooperation resolution in Libya last year, South Africa and Botswana explicitly maintained that they will not abide by it and warned that they will arrest Bashir should he sets foot on their territories.

“BIASED” COURT

Sudanese officials in Kampala, backed by the AU secretariat, have been lobbying the other nations to take a stance against the ICC on the grounds that it is a European driven court, targeting African leaders only and turning a blind eye to atrocities elsewhere.

Yesterday, the of the Commission of the African Union (AU) Jean Ping, a long-time fierce critic of the court, slammed the ICC and said that its prosecutor “does not care” if his actions jeopardize peace in Sudan and reiterated assertions that the Hague tribunal is “bullying” Africa.

The ICC is currently handling 5 cases consisting of Uganda, Central African Republic (CAR), Democratic Republic of Congo (DRC) , Darfur and Kenya.

With the exception of Darfur all other cases have been referred voluntarily by their respective governments to the ICC for investigation. The Kenyan case was initiated by the ICC prosecutor after the government there gave the ICC a green light to do so yet declining to refer it for political reasons.

The UNSC issued resolution 1593 under chapter VII in March 2005 referring the situation in Darfur to the ICC. At the time Tanzania and Benin voted in support of the resolution while Algeria abstained.

The African continent makes up the majority of the ICC members with 30 countries ratifying the Rome Statute.

However, even those countries that have referred their cases to the ICC maintained silence over the hostile attitude within the AU towards the ICC and its prosecutor.

Late last year, Kenya gave a red carpet welcome to the ICC prosecutor who is now investigating post-election violence that took place in 2007 after receiving the green light from the Kenyan government.

Ivory coast, a non-ICC member, for example announced their acceptance to the jurisdiction of the court to investigate crimes committed in the country since the events of 19 September 2002 caused by troops mutiny. No investigation has been opened so far.

This month senior officials within the ruling Party in Ivory Coast visited Sudan and blasted the warrant issued for Bashir accusing the court of bias and impartiality.

Some African nations are met with the dilemma of seeking to honour their international obligations and pressure from rich countries such as Libya which has been the driving force behind last year’s resolution.

The Libyan leader Muammar Gaddafi who said that the ICC practices “international terrorism”, has pledged to put $90 billion at the disposal of Africa towards the creation of his ‘United States of Africa’ initiative.

The Senegalese president Abdoulaye Wade, who revealed Gaddafi’s offer, has been of the first African leaders to declare that Bashir will not be safe on Senegalese territory, even before the warrant was issued last year.

In a change of heart later, Wade along with Libyan government officials, has been lobbying other countries to withdraw from the ICC and also accused the court of targeting Africans. The Senegalese president was quoted by Sudan state media during the CENSAD summit held this week in Ndjamena as saying that charges against Bashir should be scrapped altogether.

Wade was further cited as saying that African leaders have special immunity and that they represent millions of their own people including the Sudanese president.

It remains to be seen whether ICC member countries will follow Chad’s steps in line with the AU position. So far Djibouti, Comoros Island and Ghana have declared that they are willing to receive Bashir despite the arrest warrant.

(ST)

9 Comments

  • Dinka Boy
    Dinka Boy

    African leaders expected to reaffirm Bashir’s immunity from prosecution
    Most of the african leaders committe crime against civilians and this is why they thought that the criminal of Omer Bashier is something else in their own concept. Are those African leaders, infact leaders?

    some many of them are criminals who know less about leadership style. No single person who get his degree on the leadership position.

    Yes, we South Sudan are the one who can arrest Bashier,but the rest are coward who can not arrest him. I don,t really want to hear this ICC case because it’s monotinized.

    The USA previous president Bush is the man. He accomplish his job,but the rest are playing the game of hide and sight. Thanks

    Reply
  • DASODIKO
    DASODIKO

    African leaders expected to reaffirm Bashir’s immunity from prosecution
    Haaaa, haa; pity and invokes crying. The leader of a great countrey in Africa like Senegal because he has shown a bunches of Arab oil US Dollars, he immediately refrained from his past position towards arresting the ICC unmber one wanted criminal Basir. African leaders are like B–ches just they are with the one who pays more. But for sure the will of African people is more stronger than the doll leaders. The gust of changing wind STILL continues blowing across Africa.

    Reply
  • telfajbago
    telfajbago

    African leaders expected to reaffirm Bashir’s immunity from prosecution
    An appeal from Darfur IDPs and Refugees
    To the International Community

    Friday, July 23, 2010

    We the entire IDPs and refugees of Darfur, in our impoverished death camps in Sudan and Chad; hereby making our last minute appeal to the International Community, Human Rights Organizations, The U.N, Humanity –loving Nations and well-wishers to our lives that we need urgent rescue before its too late.
    Since the genocide regime in Khartoum imposed its barbaric, inhumane situation on us, in order to eliminate us from the surface of the earth. Meanwhile; we had been subjected to all kinds of humiliation, torture, deprivation, unbearable conditions and death through either direct attacks from the Janjaweed and Sudan government’s militias or slow motion death through expulsion of the NGOs that provide us with our daily urgent human needs.
    However; our great thanks continues to the International Community and human loving individuals who responded positively to our plight by giving us basic needs of survival. After the issuance of the arrest warrant against the indicted President Omar Al-Bashir the regime retaliated by expelling of the International Humanitarian Organizations working in Darfur the main feeders of the IDPs and refugees. On the other hand the regime in Khartoum carried out organized arrests against the IDPs, detentions and summarily-executions against active Sheikhs and leaders of the IDPs and refugees in different camps and imposed new rules and regulations upon the remaining International Organizations working in Darfur; a move intended to tighten the grip on the IDPs and refugees in order to accomplish its genocide plan to the last part. Furthermore; the regime continued to depopulate the IDPs camps, as a result several IDP camps were burned to ashes and new oppressive registration system to the IDPs is imposed in all camps under the name of “ Registration through the Affirmation of Rationing”, instead of inclusive rationing system that used to exist before the expulsion of the International NGOs. Due to the pre-mentioned poignant condition imposed on us, we appeal the International Community to consider the following:

    •We appeal the International Community for immediate intervention using chapter Seven of Security Council Resolution passed on Darfur in order to save our lives when the UNAMID forces failed in its mission to protect us

    •We demand immediate intervention for humanitarian purposes, if our lives are to be rescued from genocide through starvation, malnutrition and diseases.

    •To pressure Khartoum regime to allow immediate and unconditional return of the expelled International NGOs and lift the restrictions imposed on the existing NGOs.

    •We are kindly requesting the registration of the IDPs and refugees and the distribution of relief items to be according to the rules and regulations of UN system and not through the directives of the regime that kills us.

    •We are demanding immediate release of the detained IDPs and refugee’s leaders and Sheikhs held in Sudan government’s prisons and ghost houses.

    •We sternly warn those Sudan Government agents and regime-created rebels to stop trading with our just cause at postponed Doha talks.

    •We reiterate that, we are against any partial solution to the conflict which aimed at prolonging our suffering through giving the regime a chance to reorganize and continue the genocide through new techniques and tactics. So; we do not want the International Community to be part of the regime-dictated solutions.

    •We request the UN to kindly support the IDPs-empowering projects but not the UNAMID projects which serve the Interests of the regime.

    •We ask the International Community to unanimously support the ICC moves on Sudan in order to bring peace through accountability and justice. The lasting peace in Sudan is only achievable through justice by taking genocide culprits to Hague.

    Youth and Women Sector of Darfur IDPs and Refugees.
    Email: [email protected]
    Tel: +249919157895.
    21/07/2010.

    Reply
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