Advocacy groups: Malawi should implement ICC’s Bashir arrest warrant

By Toby Collins

October 13, 2011 (LONDON) – Human Rights Watch (HRW) and Amnesty International on Thursday called upon the Malawian government to action the International Criminal Court’s (ICC) arrest warrant for the president of Sudan, Omer al-Bashir.

Bashir arrived on Thursday in Lilongwe, Malawi’s capital, to attend a summit of the Common Market for Eastern and Southern Africa (COMESA) – a 19-state regional oranisation for free trade in eastern and southern Africa.

The ICC submitted an arrest warrant for Bashir in March 2009 on counts of war crimes and crimes against humanity. A second warrant on charges of genocide was submitted to the Sudanese government in 2010.

Malawian President Bingu wa Mutharika said last March said he is opposed to the arrest of African leaders by the international court, stressing they can only be tried by their domestic courts.

“Malawi should uphold its commitment to justice for grave crimes by cooperating with the ICC,” said Elise Keppler, international justice senior counsel at the international advocacy group, HRW.

“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.

Despite the two decision of the war crimes court, Bashir has travelled to Chad, Kenya and Djibouti, all signatories to the Rome Statute (RS) – the treaty which established the ICC. He has also visited states which are not party to the RS.

However the Sudanese president has had to cancel several trips since his ICC indictment.

In 2008 he cancelled a trip to the Smart Partnership programme for developing nations in RS signatory, Zambia.

In 2009 Bashir missed the inauguration of South African president, Jacob Zuma, allegedly under threat of arrest. He also missed the Organisation of the Islamic Conference in RS signatory Turkey after EU pressure on the host.

In 2010 Bashir cancelled his trip to RS signatory, Central Africa Republic to celebrate its independence and the African-European summit in Libya.

In May 2011 Bashir failed to attend the inauguration ceremony of the president of RS signatory, Uganda; Yoweri Museveni, due to “pre-commitments”.

In June 2011 a trip Bashir had planned from Iran to China was delayed by the refusal of Turkmenistan and Tajikistan to allow him access to their airspace. Tajikistan signed the RS in 2008 but Turkmenistan is not a member of the ICC.

Also in June “pressing engagements” prevented Bashir from attending an economic forum in RS signatory, Malaysia.

(ST)