Prosecutor v. Omar Hassan Ahmad Al-Bashir (Situation in Darfur, Sudan)

ICC-02/05-01/09 (2017)

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Prosecutor v. Omar Hassan Ahmad Al-Bashir (Situation in Darfur, Sudan)

International Criminal Court
ICC-02/05-01/09 (2017)

  • Written by Alexander Hager-DeMyer, JD

Facts

The International Criminal Court (ICC) issued warrants for the arrest and surrender of Sudanese president Omar Al-Bashir (defendant). Al-Bashir was charged with various war crimes, crimes against humanity, and genocide. Al-Bashir visited South Africa, a signatory of the Rome Statute, but the South African government refused to arrest Al-Bashir and turn him over to the ICC. South Africa argued that under customary international law, Al-Bashir, as the Sudanese head of state, was immune to arrest during his trip. South Africa alternatively argued that Al-Bashir had immunity under the Host Agreement between South Africa and the African Union for purposes of the African Union Summit that was held in Johannesburg, the meeting that Al Bashir attended. The ICC’s pretrial chamber found that immunities provided under the Host Agreement did not extend to individuals who attended the summit as heads of state. The chamber then addressed South Africa’s argument under customary international law.

Rule of Law

Issue

Holding and Reasoning ()

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