ICC refers Malawi to UN

2011-12-13 14:30
The Hague - The world court on Monday said it was referring Malawi to the UN Security Council over its refusal to arrest Sudan's President Omar al-Bashir who is wanted by the court for genocide.

The International Criminal Court has issued an arrest warrant for Bashir and as a signatory to the Rome statute that created The Hague-based world court, Malawi was obligated to detain the Sudanese leader on its soil.

But on October 15 Bashir was among six heads of state attending a meeting of the 19-member Common Market for Eastern and Southern Africa (Comesa) in the tiny landlocked nation and returned home later in the weekend unhindered.

On Monday the court said its pre-trial chamber "decided that the Republic of Malawi failed to cooperate with the court by not arresting and surrendering Omar al-Bashir to the court during his visit to Malawi" in October.

The court "decided to refer the matter to both the United Nations Security Council and the Assembly of States Parties to the Rome Statute".

Malawian President Bingu wa Mutharika had previously said that African leaders should not be dragged to the ICC for offences committed in Africa.

In comments submitted to the court Malawi said that customary international law makes an exception for heads' of state immunity when international courts seek their arrest for international crimes.

But the court said that its judges "noted that immunity for heads of state before international courts has been rejected time and time again dating all the way back to World War I".

"Giving the examples of international prosecutions against Slobodan Milosevic, Charles Taylor, Muammar Gaddafi, Omar al-Bashir and Laurent Gbagbo, the chamber noted that initiating international prosecutions against heads of state have gained widespread recognition as accepted practice."

ICC spokesperson Fadi el-Abdallah told AFP "it would be up to the United Nations Security Council... to determine what measures they will judge appropriate".

Bashir is the first sitting president indicted by the ICC, which issued an arrest warrant on charges of genocide, crimes against humanity and war crimes in Sudan's troubled Darfur region.

The ICC was created through the adoption of its founding statute at a Rome conference in July 1998, and started operating in The Hague in 2002.

The ICC is the world's only independent, permanent tribunal with the jurisdiction to try genocide, crimes against humanity and war crimes.

All cases opened by the court so far relate to crimes committed in Africa.

- SAPA
Read more on:    international criminal court  |  un  |  omar al-bashir  |  sudan  |  malawi  |  east africa  |  southern africa  |  genocide
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
1 comment
Add your comment
Comment 0 characters remaining
 

Inside News24

 
SPONSORED CONTENT
When is a mountain more than just a mountain? 2014-12-18 07:26

When it’s an adventure! A group of Old Mutual employees found out how much is enough courage, endurance and camaraderie to take on Africa's highest peak.

/News
 

13 summer safety tips

Summer time and the burning is easy. Get some great tips to ensure sunburn doesn't spoil your holiday!

 
 

I love summer.24

Ultimate fails compilation 2014
This sleeping bulldog is you during the holidays
This man's reaction to his Christmas present is priceless!
LOL! Cats destroying Christmas trees

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

Grand Theft Auto 5

Now available on PS4, Xbox One and PC from R649. Buy now!

Festive gifts!

Check out our awesome range of festive gifts to make everyone’s wishes come true. Shop now!

Save on Samsung

Cameras, mobile phones, TVs, Tablets and more. While stocks last. Shop now!

Save up to R2200 on electronics! – As seen in the catalogue

Wishing for tech gadgets this festive? Save up to R2100 on hot tech products at kalahari.com. While stocks last. Shop now!

30% off the bestselling books

Save big on the most captivating reads of 2014. While stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

Short term gratification seems like fun at the time; just remember that your boundaries are down right now and there s a tendency...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.